Discrimination / Retaliation *Provencio v. Intel Corporation (10th Cir., April 30, 2019) (affirming summary judgment in favor of Intel on her retaliation and hostile work environment claims) False Claim Act United States ex rel. Reed v. Keypoint Government Solutions (10th Cir., April 30, 2019) (vacating summary judgment against Reed on her claim that Keypoint fraudulently […]
Discrimination / Retaliation *Braxton v. Nortek Air Solutions, LLC (10th Cir., April 23, 2019) (affirming summary judgment for Nortek: Plaintiffs could not state a prima facie case for discrimination or retaliation) ERISA Teets v. Great-West Life and Annuity (10th Cir., April 22, 2019) (denying en-banc rehearing: the original holding stands: Great-West does not act as […]
Discrimination / Retaliation *Cirocco v. McMahon (10th Cir., April 15, 2019) (affirming determination that Cirocco failed to exhaust administrative remedies, but remanding with instructions (a) to vacate dismissal for lack of jurisdiction and (b) to dismiss without prejudice for failure to exhaust) *Phan v. Colorado Legal Services (10th Cir., April 16, 2019) (affirming dismissal of […]
Public Employees *Drown v. Utah State Office of Education (10th Cir., April 8, 2019) (affirming dismissal of Drown’s ADA, Rehabilitation Act, and § 1983 claims against the Utah Board of Education, the school district, and employees: her claims were untimely and improperly prospective) Contract / Noncompete / Trade Secret / Wrongful Termination *Romero v. Helmerich […]
Workers’ Compensation / Occupational Safety and Disease *Alford v. Commissioner, SSA (10th Cir., April 5, 2019) (affirming dismissal, for lack of jurisdiction, of Alford’s suit seeking disability and social security benefits) Clean Harbors Environmental Services v. Labor Commission (Utah Ct. App., April 4, 2019) (upholding award of permanent total disability benefits: considering applicable medical evidence […]
Workers Compensation ~ Occupational Safety and Disease Rockwood Casualty Insurance Company v. Director, OWCP (10th Cir., March 5, 2019) (denying Rockwood’s petition for review of award of black lung benefits: substantial evidence supported the ALJ’s substantive benefits determination) Wages BNSF Railway Co. v. Loos (U.S., March 4, 2019) (A railroad’s payment to an employee for […]
Contract / Noncompetition C.R. England v. Swift Transportation Company (Utah, February 27, 2019) (to prove intentional interference with an employment contract by improper means, based on violation of an established industry standard, the plaintiff must provide evidence of an objective, industry-wide standard) Discrimination / Retaliation *Davis v. BAE Systems Technology Solutions & Services Inc. (10th […]
Labor Unions*National Labor Relations Board v. Wolf Creek Nuclear Operating Corporation (10th Cir., January 29, 2019) (Granting the Board’s application for enforcement of 2018 decision holding the Buyers were nonmanagerial employees representable by the union)Workers Compensation/Occupational Safety and Disease*Deardorff v. Commissioner, SSA (10th Cir., January 29, 2019) (reversing denial of disability benefits: the ALJ failed to consider […]
Miscellaneous Salt Lake City v. Kidd (Utah, January 23, 2019) (Kidd failed to preserve or to brief her equal protection or First Amendment claims in connection with her conviction for working as an escort without a license) Wages Cummings v. Dean (10th Cir., January 24, 2019) (reversing denial of qualified immunity to Dean, director of Labor […]
WagesNew Prime, Inc., v. Oliveira (U.S., January 15, 2019) (affirming decision that the Federal Arbitration Act excepts from coverage disputes involving “contracts of employment” and that the term “contracts of employment” covers, not just employer-employee relationships, but contracts with independent contractors, as well)Workers Compensation/Occupational Safety and Disease Liberty Mutual Fire Insurance Company v. Woolman (10th Cir., […]
