Workers Compensation~Occupational Safety and Disease Norwood v. United Parcel Service, Inc. (10th Cir., January 17, 2023) (affirming summary judgment in favor of United Parcel Service: the district court granted Plaintiff concessions where it could, but the undisputed facts clearly contradict Plaintiff’s version of the interactive process for accommodation of a disability) *Cases marked with an […]
Discrimination~Retaliation *Delopez v. Bernalillo Public Schools (10th Cir., December 22, 2022) (affirming summary judgment in favor of Defendants on Delopez’s age-discrimination and constructive-discharge claims: there was no evidence of discrimination. Also, reversing summary judgment in favor of Defendants on Delopez’s state-law breach-of-contract claim: Delopez didn’t have to exhaust her administrative remedies without proper notice.) Workers […]
Workers’ Compensation ~ Occupational Safety and Disease Mitchell v. Labor Commission (Utah Ct. App., December 8, 2022) (Mitchell claimed that one of the medical panel members reviewing his workers’ compensation claim was not impartial. The Commission rejected his objection because he failed to show “actual bias.” The Court of Appeals set aside the Commission decision, […]
Workers Compensation ~ Occupational Safety & Disease *Nielsen v. Commissioner, SSA (10th Cir., October 28, 2022) (affirming denial of Social Security benefits: substantial evidence supported the ALJ’s disability determination and the correct legal standards were applied) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res […]
Workers Compensation ~ Occupational Safety and Disease *Gielissen v. Reliance Standard Life Insurance Company (10th Cir., October 7, 2022) (affirming Reliance Standard’s decision to terminate benefits: Reliance Standard properly relied on the evidence of the surveillance videos to determine that Gielissen was no longer restricted from performing any occupation) *Cases marked with an asterisk are […]
Discrimination~Retaliation Parker v. United Airlines, Inc. (10th Cir., September 26, 2022) (affirming summary judgment in favor of United: United’s seeking independent review of Parker’s misconduct broke any causal chain between Parker’s FMLA leave and any retaliatory action by her supervisors) Workers Compensation ~ Occupational Safety and Disease Energy West Mining Company v. Bristow (10th Cir., […]
Discrimination~Retaliation Sorenson v. Wadsworth Brothers Construction Company (10th Cir., September 9, 2022) (affirming summary judgment in favor of Wadsworth on Sorenson’s retaliation claim based on the whistleblower provisions of the federal false claims act: Sorenson failed to put Wadsworth on notice his protected activities were related to purported violations of the FCA and failed to […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Kennedy v. Bremerton School District (U.S., June 27, 2022) (reversing summary judgment in favor of the school district on Kennedy’s first-amendment religious-freedom claim: the free-exercise and free-speech clauses of the first amendment protect an individual engaging in a personal religious observance (prayer)from government reprisal; the Constitution […]
Discrimination ~ Retaliation *Avant v. Doke (10th Cir., June 23, 2022) (recognizing a First-Amendment right against retaliation for perceived, rather than actual, speech in the context of a claim for retaliatory discharge) Workers Compensation ~ Occupational Safety and Disease U.S. v. Washington (U.S., June 21, 2022) (reversing determination that Washington State law was constitutional that […]
Discrimination ~ Retaliation *Cummings v. American Postal Worker’s Union (10th Cir., June 17, 2022) (affirming summary judgment in favor of Union on Cummings’ claims for race and age discrimination: She failed to establish that the USPS had violated the collective bargaining agreement or that it’s reasons for her termination were pretextual) *Pegler v. Doug Smith […]
