Discrimination ~ Retaliation *Crews v. Austin (10th Cir., September 12, 2022) (affirming summary judgment in favor of Crews’s employer, the Department of Defense, on her claims for Title VII retaliation, intentional infliction of emotional distress, and disability discrimination: Crews did not offer sufficient justification for her delay in seeking Rule 60(b) relief) *Braithwaite v. United […]
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 *Glapion-Pressley v. City and County of Denver (10th Cir., April 14, 2022) (Glapion-Pressley failed to show error in the dismissal of her claims for failure to satisfy Title VII’s verification requirement before the EEOC) MISCELLANEOUS *Hurst v. McDonough (10th Cir., April 12, 2022) (affirming summary judgment in favor of McDonough on Hurst’s […]
Contract~Noncompete~Trade Secret~Wrongful Termination Jensen Tech Services v. Labor Commission (Utah Ct. App., February 3, 2022) (setting aside Commission decision identifying respondent Herrera as Jensen’s employee for workers’ compensation purposes: the Commission failed to properly and completely apply the legal standards that govern employee-vs.-independent-contractor determinations; its right-to-control analysis, moreover, was faulty) Workers Compensation ~ Occupational Safety […]
Discrimination~Retaliation *Benaissa v. Salina Regional Health Center, Inc. (10th Cir., December 2, 2021) (affirming summary judgment in favor of Salina on Benaissa’s Title VII discrimination and retaliation claims: The EEOC and, later, the District Court, correctly concluded that, since Benaissa was not an employee of Salina, all of his Title VII discrimination and retaliation claims […]
Discrimination ~ Retaliation Adams v. C3 Pipeline Construction, Inc., et al. (10th Cir., November 2, 2021) (affirming summary judgment in favor of the Plains defendants (successors to a company with whom C3 was under contract) on Adams’s Title VII sexual-harassment claim: Plains did not employ Adams or any other C3 employee and therefore could not […]
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 […]
Workers’ Compensation / Occupational Safety and Disease *Alford v. Commissioner, SSA (10th Cir., April 5, 2019) (affirming dismissal, for lack of jurisdiction, of Alford’s suit seeking disability and social security benefits) Clean Harbors Environmental Services v. Labor Commission (Utah Ct. App., April 4, 2019) (upholding award of permanent total disability benefits: considering applicable medical evidence […]
ERISA Teets v. Great-West Life & Annuity Insurance Company (10th Cir., March 27, 2019) (affirming summary judgment for Great-West: GW was not a fiduciary, and Teets did not adduce sufficient evidence to impose liability as a nonfiduciary party in interest) Miscellaneous Zak v. Department of Workforce Services (Utah Ct. App., March 28, 2019) (declining to […]
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 […]
