Cases — April 25th through May 1st, 2021

Discrimination ~ Retaliation *LaChica v. Russell Stover Chocolates, LLC (10th Cir., April 27, 2021) (affirming summary judgment in favor of Russell Stover on his employment discrimination and retaliation claims: LaChica’s claims fail to show his termination was pretextual; and he failed to show a prima facie case of retaliation) Wages *Harlas v. The Barn (10th […]

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Cases — April 18th through 24th, 2021

Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Williams v. United States (10th Cir., April 22, 2021) (dismissing Williams’ appeal for lack of subject matter jurisdiction: Williams raised no nonfrivolous argument for reversal of the the district court’s grant of summary judgment in favor of the United States on his claims for tortious interference […]

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Cases — April 11th through 17th, 2021

Discrimination ~ Retaliation *Thomas v. Farmers Insurance Exchange (10th Cir., April 14, 2021) (affirming summary judgment in favor of Farmers on Thomas’s sexual-orientation discrimination and retaliation claims: there was no direct evidence of discrimination or retaliation, and no showing of pretext) Workers’ Compensation ~ Occupational Safety and Disease *Keenan, Hopkins, Suder, and Stowell Contractors, Inc. […]

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Cases — April 4th through 10th, 2021

ERISA and Employee Pension Plans *Retired Public Employees of New Mexico, Inc. v. Probst (10th Cir., April 6, 2021) (affirming summary judgment in favor of Probst on their Section 1983 procedural and substantive due process claims: the federal claims against Probst and Pittard (the other defendant) were subject to dismissal based on the 11th Amendment) […]

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Cases — March 21st through 27th, 2021

Labor Unions Hendrickson v. AFSCME Council 18 (10th Cir., March 26, 2021) (affirming dismissal of Hendrickson’s claim that the union cannot retain dues deducted from his paycheck or serve as his exclusive bargaining representative: exclusive representation remains constitutional and Hendrickson’s claim seeking prospective relief as regards the union’s opt-out window was moot) Workers’ Compensation ~ […]

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Cases — March 14th through 20th, 2021

Discrimination ~ Retaliation *Fisher v. Basehor-Linwood Unified School District (10th Cir., March 16, 2021) (affirming summary judgment in favor of the school district on Fisher’s claims for disability discrimination and retaliation: Fisher presented no evidence that her the principal’s inquiry regarding her disability was inconsistent with the District’s business needs, and thus proper, nor could […]

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Cases — March 7th through 13th, 2021

Workers’ Compensation ~ Occupational Safety and Disease *Deherrera v. Commissioner (10th Cir., March 12, 2021) (affirming denial of disability benefits: the evidence satisfies the substantiality test: more than a scintilla supports the conclusion here) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and […]

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Cases — January 31st through February 6th, 2021

Workers’ Compensation ~ Occupational Safety and Disease *Tesone v. Empire Marketing Strategies (10th Cir., February 5, 2021) (affirming summary judgment in favor of Empire Marketing on Tesone’s disability discrimination claim: Tesone had no evidence from which to establish disability under the ADA) Salinas v. United States Railroad Retirement Board (U.S. Supreme Court, Februay 3, 2021) […]

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Cases — January 24th through 30th, 2021

Discrimination ~ Retaliation *DeSanzo v. AHS Southcrest Hospital, LLC (10th Cir., January 28, 2021) (affirming summary judgment in favor of AHS on DeSanzo’s age discrimination an retaliation claims: DeSanzo could not establish that AHS’s reason for her termination was pretextual) Miscellaneous *Oldenburg v. American Modern Insurance Company, Inc. (10th Cir., January 26, 2021) (reversing summary […]

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Cases — January 3rd through 9th, 2021

Discrimination ~ Retaliation *English v. Small Business Administration (10th Cir., January 5, 2021) (affirming summary judgment to the SBA on English’s Civil Rights claims of race discrimination and retaliation: English could not establish a genuine issue of material fact as to SBA’s rationale for his termination being illegitimate or discriminatory) *Bowles v. Grant Trucking (10th […]

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