Discrimination ~ Retaliation *Lu v. University of Utah (10th Cir., October 29, 2019) (affirming dismissal of Lu’s retaliation, racial and national-origin discrimination, and ADA claims: Lu identified no cogent basis on which to reverse the district court’s dismissal) Wages Vander Veur v. Groove Entertainment Technologies (Utah, October 29, 2019)(reversing court of appeals: the covenant of […]
Workers’ Compensation ~ Occupational Safety and Disease *Energy West Mining Company v. Director, OWCP (10th Cir., October 23, 2019) (dismissing Energy West’s petition for review of the Review Board’s decision ordering an award of black lung benefits: the Board’s decision was not a final order, and so the court lacked subject-matter jurisdiction) *Putnam v. Commissioner […]
Workers Compensation ~ Occupational Safety & Disease Benge v. Labor Commission (Utah Ct. App., October 10, 2019) (declining to disturb labor commission order denying Benge’s worker’s compensation claim: substantial evidence adequately supported the decision)
Defamation *Williams v. United States (10th Cir., August 28, 2019) (affirming dismissal of defamation claim and Bivens action) Discrimination ~ Retaliation Singh v. Cordle (10th Cir., August 28, 2019) (reversing denial of summary judgment in favor of Cordle on First Amendment retaliation claim, but affirming on remaining claims) Public Employers ~ Employees *Alcorn v. La […]
Discrimination/Retaliation *Vazirabadi v. Denver Health and Hospital Authority (10th Cir., August 2, 2019) (affirming summary judgment against Vazirabadi on his age- and national-origin-discrimination claims: Vazirabadi did not support his age-discrimination claim, and he could not show pretext on his national-origin claim) Miscellaneous *Nasuti v. Whole Foods Market (10th Cir., August 2, 2019) (affirming dismissal of […]
Workers’ Compensation ~ Occupational Safety & Disease Peabody Twentymile Mining, LLC, v. Secretary of Labor (10th Cir., July 18, 2019) (vacating safety violation citation because Twentymile’s construction method was “traditionally accepted” by the Mine Health and Safety Administration)
Workers’ Compensation ~ Occupational Safety & Disease *Crampton v. Commissioner (10th Cir., July 11, 2019) (affirming denial of disability benefits: substantial evidence supported the ALJ’s decision to give the treating physician’s opinion little weight) Energy West Mining Company v. Lyle (10th Cir., July 9, 2019) (vacating award of benefits and remanding for reconsideration: the judge […]
Discrimination ~ Retaliation *EEOC v. Centura Health (10th Cir., June 28, 2019) (affirming an EEOC administrative subpoena: when investigating discrimination charges, the EEOC may obtain evidence relating to unlawful employment practices, and pattern-or-practice evidence was held relevant to the individual charges) Workers Compensation ~ Occupational Safety & Disease *Martinez v. Commissioner (10th Cir., June 28, […]
Discrimination ~ Retaliation *Jones v. Azar (10th Cir., June 4, 2019) (affirming summary judgment against Jones on his age-discrimination claim) Worker’s Compensation ~ Occupational Safety and Disease Big Horn Coal Co. v. Sadler (10th Cir., June 4, 2019) (affirming award of benefits to Sadler) * Cases marked with an asterisk are not binding precedent except […]
Workers Compensation ~ Occupational Safety and Disease Smith v. Berryhill (U.S., May 28, 2019) (Reversing dismissal, as untimely, of Smith’s petition for review of denial of Social Security benefits: dismissal as untimely after a claimant has obtained a hearing on the merits qualifies as an appealable final decision)
