Discrimination~Retaliation *Gabriel v. Trans Am Trucking Co. (10th Cir., August 25, 2022) (affirming dismissal of Gabriel’s complaint under the ADA and motion to recuse: The complaint was incomprehensible, and Gabriel showed no viable evidence of bias) Ford v. Jackson National Life Insurance Co. (10th Cir., August 23, 2022) (affirming dismissal of Ford’s discrimination claim, but […]
Discrimination ~ Retaliation Edmonds-Radford v. Southwest Airlines Co. (10th Cir., November 8, 2021) (affirming summary judgment in favor of Southwest on Edmonds-Radford’s ADA and Rehabilitation-Act claims: the Rehabilitation Act did not apply as no federal assistance was involved; one of her ADA claims was filed after the 300-day limit; and Edmonds-Radford failed to establish a […]
Discrimination ~ Retaliation *Sampson v. Kane is Able, Inc. (10th Cir., April 30, 2020) (affirming summary judgment in favor of Kane on Sampson’s claim for retaliatory termination: Sampson failed to demonstrate that he had actually or constructively discharged) *Padilla v. Mnuchin (10th Cir., April 27, 2020) (affirming two separate judgments dismissing employment discrimination claims: Padilla […]
Public Employees Haynes v. Department of Public Safety (Utah Ct. App., February 6, 2020) (reversing dismissal of Haynes’s breach of contract action: the relevant terms of the settlement agreement under which Haynes supposedly failed to perform were ambiguous) Wages Aguilar v. Management and Training Corp. (10th Cir., February 4, 2020) (reversing summary judgment in favor […]
Wages *Sullivan v. Da Vita Healthcare Partners, Inc. (10th Cir., July 2, 2019) (affirming dismissal of Fair Labor Standards Act overtime wage claims as barred by res judicata) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
Businesses throughout this country—whether small, medium, or large—are busy trying to make money by providing goods and services to their customers and clients. Charities, schools, governmental entities are also trying to provide services to their constituencies to help them. It is fair to say that all such organizations—at least the ones that intend to survive—are […]
Discrimination/Retaliation*Salemi v. Colorado Public Employees’ Retirement Association (10th Cir., August 17, 2018) (affirming summary judgment for the Association as to Salemi’s discrimination and retaliation claims under under Title VII, § 1981, the First Amendment, and the FMLA)*McFarland v. City and County of Denver (10th Cir., August 17, 2018) (affirming summary judgment for Denver on McFarland’s failure-to-accommodate claim)Wages*Acosta v. […]
Workers Compensation/Occupational Safety and Disease*Morgan v. Baker Hughes Incorporated (10th Cir., April 3, 2018) (reversing judgment as a matter of law: material disputes remain forresolution as to Baker Hughes’ forklift safety procedures)WagesEncino Motorcars, LLC, v. Navarro (U.S., April 2, 2018) (reversing 9th Circuit and holding that service advisors are “salesm[e]n . . . primarily engaged in. […]
Discrimination/RetaliationSanchez v. US Department of Energy (10th Circuit, September 11, 2017) (vacating judgment on the pleadings as to Sanchez’s failure-to-accommodate claim, based on his dismissal because his Mixed Receptive-Expressive Language Disorder was a threat to national security. But the court affirmed the dismissal of his retaliation, disparate treatment, and procedural due process claims)Wages*Jimenez and Bustillos v. Board […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Winger v. Meade District Hospital (10th Cir., June 27, 2017) (affirming summary judgment in favor of the hospital on Winger’s due process claim) Bahnmaier v. Northern Utah Healthcare Corporation (Utah Ct. App., June 29, 2017) (affirming summary judgment in favor of Northern Utah: the hospital’s substance abuse policy is not an implied […]
