Discrimination~Retaliation *Muggenborg v. Nortek Air Solutions, LLC (10th Cir., October 15, 2021) (affirming summary judgment in favor of Nortek on Muggenborg’s age-discrimination claim: despite a strong prima-facie case, Muggenborg failed to show that Nortek’s justification for terminating him were pretextual) Workers Compensation~Occupational Safety and Disease C.R. England & Indemnity Insurance Co. v. Labor Commission (Utah […]
Contract~Noncompete~Trade-Secret~Wrongful Termination *Williams v. Keller (10th Cir., October 1, 2021) (affirming dismissal of Williams’ malicious prosecution claim after his dismissal and later the indictment brought against him as a result of his alleged unlawful exportation of goods in connection with his employer’s F-16 foreign military sales program: the indictment was dismissed, but Williams failed to […]
Discrimination ~ Retaliation Hayes v. Skywest Airlines, Inc. (10th Cir., September 9, 2021) (affirming district court award of front pay to Plaintiff Hayes on his employment discrimination claim and denial of motion for new trial: the district court did not abuse its discretion) Workers Compensation ~ Occupational Safety and Disease YESCO v. Labor Commission (Utah […]
Discrimination ~ Retaliation *Davis v. State of Utah (10th Cir., September 2, 2021) (affirming dismissal of plaintiffs’ employment-related claims against Utah and the University of Utah: plaintiffs’ First-Amendment allegations failed to overcome their qualified-immunity burden, and plaintiffs’ state-law claims were untimely) *Guy v. McDonough (10th Cir., August 30, 2021) (affirming summary judgment in favor of […]
Workers Compensation ~ Occupational Safety and Disease *Kulasa v. Wyndham Vacation Rentals (10th Cir., August 27, 2021) (affirming summary judgment in favor of Wyndham on Kulasa’s claims under the ADA and the Colorado anti-discrimination and wage-claim acts: He failed to establish he had a disability or any limitation arising out of his ADHD) *Cases marked […]
Labor Unions International Brotherhood of Electrical Workers v. T&H Services (10th Cir., August 6, 2021) (affirming summary judgment in favor of T&H that wage dispute was not arbitrable: the collective bargaining agreement did not govern classification of workers; that is a matter for determination under the Davis-Bacon Act) Workers’ compensation ~ Occupational Safety and Disease […]
Discrimination ~ Retaliation *Lister v. Western Industries Corporation (10th Cir., July 19, 2021) (affirming summary judgment in favor of Western Industries on Lister’s claim of racial discrimination: Western’s stated reason for terminating Lister—violation of safety protocol—was not pretextual) Public Employers/Employees *Blackburn v. U.S. (10th Cir., July 19, 2021) (reversing dismissal of the Blackburns’ negligent performance […]
Discriminationm~ Retaliation *Wu v. Haaland (10th Cir., July 8, 2021) (affirming denial of 60(b) motion to reconsider and to set aside settlement agreement as to her discrimination, retaliation, and negligence claims: aside from the various jurisdictional issues, Wu offered no valid reason to set aside the settlement agreement she had agreed to three-and-a-half years earlier) […]
Worker’s Compensation ~ Occupational Safety and Disease *Halfacre v. U.S. (10th Cir., June 2, 2021) (affirming dismissal of Halfacre’s Federal Tort Claims Act claim for lack of subject matter jurisdiction: Halfacre sued under the Federal Employee’s Compensation Act (“FECA”), which proscribes judicial review of claims under the Federal Tort Claims Act where, as here, the […]
Worker’s Compensation ~ Occupational Safety and Disease *Fannin v. Commissioner (10th Cir., May 24, 2021) (affirming denial of social security benefits: under the SSA’s five-step sequential evaluation, Fannin was not under a disability) *Colbert v. Commissioner (10th Cir., May 25, 2021) (vacating and remanding district court judgment denying social security benefits based upon the holding […]
