Labor Unions *Hampton v. Bakery, Confectionery & Tabacco Workers (10th Cir., September 21, 2022) (affirming dismissal, for failure to state a claim, of Hampton’s complaint alleging breach of the duty of fair representation and race discrimination) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res […]
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 *Cole v. DeJoy (10th Cir., October 8, 2021) (affirming dismissal of Cole’s claims for harassment, hostile work environment, discrimination, and retaliation, unlawful termination, obstruction of justice, and fraud: despite three opportunities to submit a proper complaint, Cole’s complaint lacked factual allegations sufficient to support a plausible claim for relief) *Bateman v. Nexstar Media Group, […]
Labor Unions International Brotherhood of Electrical Workers v. T&H Services (10th Cir., August 6, 2021) (affirming summary judgment in favor of T&H that wage dispute was not arbitrable: the collective bargaining agreement did not govern classification of workers; that is a matter for determination under the Davis-Bacon Act) Workers’ compensation ~ Occupational Safety and Disease […]
Discrimination~Retaliation *Alabi v. Vilsack (10th Cir., June 21, 2021) (affirming summary judgment in favor of the USDA on Alabi’s claims of retaliation, hostile work environment, and discrimination: Alabi failed to exhaust his administrative remedies on most of his claims, there was no evidence of material disadvantage from the USDA’s letter of warning, and the minor […]
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 ~ […]
Workers’ Compensaton ~ Occupational Safety and Disease Arreguin-Leon v. Hadco Construction, LLC (Utah, August 17, 2020) (affirming remand for new trial on Arreguin’s claims against Hadco for failure to protect its workers from highway traffic: Arreguin prevailed at trial but the trial court allowed him to elicit undisclosed expert testimony, which the Court of Appeals […]
Discrimination~Retaliation Hickey v. Brennan (10th Cir., August 14, 2020) (affirming summary judgment in favor of the Postal Service on Hickey’s discrimination claim: Hickey did not exhaust her administrative remedies by contacting an Equal Employment Office counselor within 45 days of termination) *Cases marked with an asterisk are not binding precedent, except under the doctrines of […]
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 *Benjamin v. Board of Trustees (10th Cir., April 24, 2020) (reversing summary judgment against Benjamin: he produced sufficient evidence—though far from conclusive—to raise an issue of material fact) *Cai v. Huntsman Corporation (10th Cir., April 20, 2020) (affirming judgment on the pleadings in favor of Huntsman on Cai’s breach of contract retaliation claim: Cai […]
