ERISA and Employee Pension Plans Babcock v. Kijakazi (U.S., January 13, 2022) (affirming determination that Babcock’s retirement benefits should be reduced (a “windfall elimination”) to reflect his receipt of both a civil-service pension and military pension payments for his work as a dual-status National Guard technician: Civil-service pension payments based on employment as a dual-status […]
Discrimination~Retaliation *Hill v. SER Jobs for Progress National, Inc. (10th Cir., September 21, 2021) (reversing summary judgment in favor of SER on Hill’s employment discrimination and retaliation claims: although SER claimed Hill was not an employee, the record was inconclusive for purposes of Title VII; the matter was remanded for determination) ERISA and Employee Pension […]
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*Milam v. Pafford EMS (10th Cir., March 30, 2018) (affirming summary judgment in favor of Pafford on Milam’s hostile environment and religious and national-origin discrimination claims)ERISA and Employee Pension PlansDeseret Book Company v. Dept. of Workforce Services (Utah Ct. App., March 29, 2018) (declining to disturb determination that holiday actress was Deseret employee: the Board’s conclusion […]
Contract/Noncompete/Trade Secret/Wrongful TerminationBeckman v. Cybertary Franchising (Utah Ct App, March 22, 2018) (reversing and remanding for new trial decision against Beckman on her wrongful termination claim and denial of her request for prejudgment interest, vacating award for attorney fees to Cybertary, and reversing fee award to other defendants)ERISA and Employee Pension PlanCyan, Inc., v. Beaver […]
ERISA and Employee Pension Plans GCIU-Employer Retirement Fund v. Coleridge Fine Arts (10th Cir., August 16, 2017) (reversing dismissal, based on lack of personal jurisdiction, of GCIU’s attempt to collect withdrawal liability from defendants)Miscellaneous Aura Spa & Boutique v. Department of Workforce Services (Utah Ct. App., August 17, 2017) (declining to disturb Workforce Appeals Board […]
Discrimination/Retaliation *Herrera v. Las Cruces Public Schools (10th Cir., June 13, 2017) (affirming dismissal of Herrera’s disability discrimination and retaliatory discharge claims as untimely: “date of service” is the date of mailing, not receipt) *Jones v. Price (10th Cir., June 13, 2017) (affirming summary judgment in favor of Price, the Secretary of Health & Human […]
