Workers Compensation ~ Occupational Safety and Disease Smith v. Berryhill (U.S., May 28, 2019) (Reversing dismissal, as untimely, of Smith’s petition for review of denial of Social Security benefits: dismissal as untimely after a claimant has obtained a hearing on the merits qualifies as an appealable final decision)
Miscellaneous Culbertson v. Berryhill (U.S., January 8, 2019) (reversing 11th Circuit decision in a disability benefit proceeding under the Social Security Act: The section 406 25% cap applies only to fees for court representation, not to aggregate fees)
Workers Compensation/Occupational Safety and Disease*Morgan v. Baker Hughes Incorporated (10th Cir., April 3, 2018) (reversing judgment as a matter of law: material disputes remain forresolution as to Baker Hughes’ forklift safety procedures)WagesEncino Motorcars, LLC, v. Navarro (U.S., April 2, 2018) (reversing 9th Circuit and holding that service advisors are “salesm[e]n . . . primarily engaged in. […]
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 […]
Discrimination/Retaliation *Yinger v. Postal Presort, Inc. (10th Cir., June 9, 2017) (reversing and remanding summary judgment against Yinger on his disability discrimination and retaliatory discharge claims) *Pittman v. American Airlines, Inc. (10th Cir., June 8, 2017) (affirming summary judgment in favor of American Airlines on Pittman’s race and disability discrimination and retaliation because she failed […]
Discrimination/RetaliationHiatt v. Colorado Seminary (10th Circuit, June 2, 2017) (affirming summary judgment against Hiatt on her sexual discrimination and retaliation claims: Hiatt failed to show defendant’s actions were pretext for either discrimination or retaliation)Workers Compensation/Occupational Safety and DiseaseBNSF Railway Co. v. Tyrrell (U.S. Supreme Court, May 30, 2017) (reversing and remanding Montana Supreme Court holding that […]
Discrimination/Retaliation *Espinoza-Horiuchi v. Walmart Stores, Inc. (10th Cir., May 22, 2017) (dismissing appeal of summary judgment for lack of jurisdiction, and affirming the district court’s bill of costs)*Iselin v. Bama Companies (10th Cir., May 26, 2017) (reversing dismissal of claims for discriminatory termination, failure to hire, and failure to accommodate, but affirming dismissal of misuse-of-employment-testing claim: […]
Discrimination/Retaliation*Agassounon v. Jeppesen Sanderson, Inc. (10th Cir., April 18, 2017) (affirming summary judgment in favor of Defendant on Agassounon’s race, color, national origin, and retaliation claims, because he failed to demonstrate pretext in Jeppesen Sanderson’s laying him off)*Arbogast v. State of Kansas, Dept. of Labor (10th Cir., April 21, 2017) (affirming dismissal of Arbogast’s complaint […]
Unemployment AppealsMigenes v. Department of Workforce Services (Utah Ct. App., June 23, 2016) (affirming determination of fraud in overpayment of benefits)WagesEncino Motorcars, LLC v. Navarro et al. (U.S., June 20, 2016) (vacating Ninth Circuit decision that overtime payment exemption does not apply to service advisers. The Department of Labor failed to provide a reasoned explanation […]
Wages Tyson Foods, Inc. v. Bouaphakeo, et al. (U.S., March 22, 2016) (affirming certification of employees as a class for purposes of a class action regarding payment for time spent donning and doffing essential protective gear. Time determination based on statistical sampling was appropriate)
