Discrimination ~ Retaliation *Neri v. Board of Education for Albuquerque Public Schools (10th Cir., June 14, 2021) (affirming summary judgment in favor of Board of Education on Neri’s ADA discrimination, hostile work environment, constructive discharge, and failure to accommodate claims, but reversing as to her claim of discrimination by demotion and her retaliation claim: Mrs. […]
Miscellaneous Fedor v. United Healthcare, Inc. (10th Cir., September 16, 2020) (vacating order compelling arbitration claims against Fedor’s former employer: the district court impermissibly compelled arbitrarion before finding an arbitration agreement existed) Workers Compensation ~ Occupational Safety and Disease Aubrey v. Koppes (10th Cir., September 18, 2020) (reversing summary judgment in favor of the county […]
Contract ~ Noncompete ~ Trade Secret~ Wrongful Termination *Channon v. Tavanger (10th Cir., July 14, 2020) (affirming dismissal: Channon’s claims failed under applicable California law regarding employment questions because he could not show that the federal charges against him did not result in conviction, and his civil conspiracy claims were not actionable) Discrimination ~ Retaliation *Bethscheider v. Westar Energy (10th […]
Discrimination ~ Retaliation Our Lady of Guadalupe School v. Morrissey-Berru (U.S., July 8, 2020) (reversing judgment in favor of plaintiffs on their disability- and age-discrimination claims: as employees of religious institutions, the First Amendment’s religion clauses foreclose the adjudication of their employment-discrimination claims) *Wilson v. Textron Aviation, Inc. (10th Cir., July 8, 2020) (affirming summary […]
Discrimination~Retaliation *Tastan v. Los Alamos National Security, LLC (10th Cir., April 15, 2020) (affirming summary judgment for Los Alamos on Tastan’s disability discrimination and retaliation claims: Tastan’s evidence was insufficient to prove discrimination or pretext) Miscellaneous *Palmer v. City and County of Denver (10th Cir., April 13, 2020) (affirming dismissal of Palmer’s second amended complaint […]
Discrimination and Retaliation *Altschwager v. Progressive Casualty Insurance Company (10th Cir., March 19, 2020) (dismissing Altschwager’s appeal on her claims for age, gender, and disability discrimination, and retaliation for engaging in protected activities: Altschwager’s brief failed to adequately frame or develop any issues) *O’Kane v. Mead Johnson Nutrition Company (10th Cir., March 19, 2020) (affirming […]
Discrimination ~ Retaliation *Henderson v. Cargill Packing Plant (10th Cir., October 16, 2019) (affirming dismissal of Henderson’s failure-to-hire and age-discrimination claims: Henderson’s complaints failed to provide sufficient notice of his claims) *Turner v. Phillips 66 Company (10th Cir., October 16, 2019) (affirming summary judgment in favor of Phillips 66 on Turner’s ADA claims: Turner failed […]
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 […]
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 […]
