ERISALebahn v. Owens (10th Cir., February 19, 2016) (affirming denial of Lebahn’s untimely 60(b) motion in regard to Owens’ fiduciary status)*Messick v. McKesson Corporation (10th Cir., February 17, 2016) (vacating district court order in light of procedural irregularity an incomplete record, and remanding to insurer for further administrative appeal) Wrongful TerminationReynolds v. Gentry Finance Corporation (Utah […]
Discrimination/Retaliation*Montoya v. Hunter Douglas Window Fashions, Inc. (10th Cir., January 25, 2016) (affirming summary judgement in favor of defendant because Montoya failed to show pretext for either her discrimination claim or herretaliation claim)*Mancell v. McHugh, Secretary of the Army (10th Cir., January 25, 2016) (affirming summary judgement in favor of defendant on Mancell’s discrimination and retaliation […]
DiscriminationL’Ggrke v. Asset Plus Corporation (10th Cir., January 20, 2016) (affirming dismissal of L’Ggrke’s employment discrimination complaint for failure to prosecute)ERISAMontanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan (U.S., January 20, 2016) (reversing an 11th-Circuit decision holding that when an ERISA-plan participant wholly dissipates a third-party settlement on nontraceable items, the plan […]
As a lawyer and a religious person, I was deeply concerned about the Supreme Court’s recent decision regarding same-sex marriage. The decision reflects attitudes and beliefs that give me great concern about the continuing protection of my right to exercise my religion. I hope to respectfully explain why I am so concerned. The Decision Affects […]
Discrimination EEOC v. Abercrombie and Fitch Stores, Inc. (U.S., June 1, 2015) (to prevail in a disparate-treatment claim, an applicant need show only that his need for accommodation was a motivating factor in the employer’s decision,not that the employer knew of his need.)
ERISA Tibble v. Edison International (U.S., May 18, 2015) (vacating 9th-Circuit decision as to six-year statute of limitations, because fiduciary has a continuing obligation to review and discard imprudent investments) Wages Baker v. Labor Commission (Utah Ct. App., May 21, 2015) (setting aside decision below because petitioner’s withdrawal of her wage claim came after respondent’s […]
Miscellaneous Perez v. Mortgage Bankers Association (U.S. March 9, 2015) (holding the doctrine of Paralyzed Veterans of America v. DC Arena, L.P. (17 F.3d 579) imposes an improper burden on agency rulemaking) Contract/Noncompete David v. Sirius Computer Solutions, Inc. (10th Cir., March 10, 2015) (remanding for award of prejudgment interest on negligent misrepresentation regarding Ms […]
Labor Unions M&G Polymers USA, LLC v. Tackett (U.S., January 26, 2015) (vacating the judgment of the Sixth Circuit with instructions to employ “ordinary principles of contract law” to provisions regarding retired employees) Discrimination and Retaliation Meyers v. Eastern Oklahoma County Technology Center (10th Cir., January 28, 2015) (affirming summary judgement in the absence of […]
Workers Compensation/Occupational Safety and Disease Carver v. Colvin (10th Cir., January 20, 2015) (affirming denial of supplemental security income) Contract/Noncompete/Trade Secret/Wrongful Termination Velez v. DeBry & Associates (Utah Ct. App., January 23, 2015) (affirming the lower court’s finding that res judicata barred Velez from litigating his claim in district court because he failed to bring […]
Johnson v. City of Shelby, Mississippi (U.S., November 10, 2014) (summarily reversing summary judgment based upon petitioners’ failure to invoke 42 USC 1983 in their complaint, citing the federal rules’ short, plain statement language) Alarid v. Colvin, Acting Commissioner (10th Cir., November 21, 2014) (affirming denial of social security benefits despite severe impairments, as Alarid […]
