Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Rivero v. Board of Regents (10th Cir., February 24, 2020) (affirming summary judgment in favor of defendants: Rivero’s claim that his psychiatric examinations violated the Rehabilitation Act was untimely, and his constructive discharge claim failed because his working conditions were not objectively intolerable) ERISA and Employee […]
Discrimination ~ Retaliation Gale v. The City and County of Denver (10th Cir., May 17, 2019) (certifying to the Colorado Supreme Court the question whether Colorado law excepts from res judicata § 1983 claims brought in federal court that could have been raised in a prior state action—in connection with Gale’s claim that he was […]
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 […]
Labor UnionsTeamsters Local 222 v. Utah Transit Authority (Utah, July 9, 2018) (dismissing as moot teamsters’ appeal as to the right to unionize: UTA supervisors voted not to unionize before the district court ever entered final judgment)
Discrimination/Retaliation*Peavy v. Labor Source, LLC (10th Cir., June 26, 2018) (affirming denial of Peavy’s “collateral attack” on dismissal of his discrimination suit from 2015: he presented no fact or law permitting reversal) Labor Unions Janus v. American Federation of State, County, and Municipal Employees, Council 31 (U.S., June 27, 2018) (States and public-sector unions may not […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Puckett v. US Dept. of Agriculture (10th Cir., July 10, 2017) (affirming summary judgment in defendant’s favor: Puckett failed to demonstrate that her termination was arbitrary and capricious or that the reason for it was lacking in substantial evidence) *Ellison v. Roosevelt County Board of County Commissioners (10th Cir., July 12, 2017) […]
Labor Unions*Society of Prof’l Eng’g Employees in Aerospace v. Spirit Aerosystems, Inc. (10th Cir., 15 March 2017) (reversing summary judgment in favor of Spirit Aerosystems: an individual employee’s grievance (challenging company-wide policy) was in fact subject to arbitration under the parties’ collective bargaining agreement)Workers Compensation/Occupational Safety and Disease *Williams v. Berryhill (10th Cir., March 17, 2017) (reversing Commissioner denial […]
Discrimination/Retaliation*Stapp v. Curry County Board of Commissioners (10th Cir., December 6, 2016) (affirming summary judgement for Curry County on Stapp’s Age Discrimination claims: constructive discharge, hostile work environment, and retaliation)*Dye v. Moniz (10th Cir., December 6, 2016) (affirming summary judgment in favor of Moniz on Dye’s disability discrimination and hostile work environment claims because the undisputed […]
Workers Compensation/Occupational Safety and Disease *Razo v. Colvin (10th Cir., October 21, 2016) (affirming denial of disability benefits and supplemental income because the ALJ properly addressed Razo’s impairments and the opinions of the treating physician and the vocational expert) *Shelton v. Colvin (10th Cir., October 18, 2016) (affirming denial of disability benefits and supplemental income: […]
Labor Unions American Federation of Gov’t Employees, Local 1592, v. Federal Labor Relations Authority (10th Cir., September 7, 2016) (denying the union’s petition to review an FLRA decision denying a union member a union representative during interrogation)
