Miscellaneous Kansas v. Garcia (U.S., March 3, 2020) (reversing Kansas supreme court determination that federal law prohibits information on an I-9 form being used as the basis for state-law identity theft prosecution, in connection with the hiring of unauthorized aliens: Kansas statutes were not expressly preempted, and the assertion that information placed on an I-9 […]
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 […]
ERISA & Employee Pension Plans Retirement Plans Committee of IBM v. Jander (U.S., January 14, 2020) (vacating judgment below and remanding for the 2nd Circuit to address arguments not addressed below regarding ERISA fiduciaries duty of prudence) Worker’ Compensation ~ Occupational Safety and Disease *Gutierrez v. Commissioner (10th Cir., January 13, 2020) (affirming decision below […]
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 […]
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., […]
Discrimination/Retaliation *Mielnicki v. Wal-Mart Stores, Inc. (10th Cir., June 20, 2018) (affirming summary judgment in favor of Wal-Mart on ADA claim: she failed to raise an issue of material fact as to her ability as a maintenance associate)ERISA and Employee Pension Plans Wisconsin Central Ltd., et al., v. United States (U.S., June 21, 2018) (reversing […]
Discrimination/Retaliation *Christmon v. B&B Airparts, Inc. (10th Cir., May 24, 2018) (affirming summary judgment in favor of B&B on Christmon’s religious discrimination claim: B&B reasonably accommodated Christmon’s beliefs) Labor Unions Epic Systems Corp. v. Lewis (U.S., May 21, 2018) (The Federal Arbitration Act mandates that arbitration agreements providing for individual proceedings be enforced as written) […]
