Workers Compensation/Occupational Safety and Disease Bainbridge v. Colvin (10th Cir., July 7, 2015) (affirming denial of disability benefits) Discrimination/Retaliation Jordan v. Dillon Companies (10th Cir., July 9, 2015) (affirming summary judgment in favor of Dillon as Jordan could not show pretext for termination under a subordinate bias theory) Bennett v. Windstream Communications, Inc. (10th Cir., July […]
Chytka v. Wright Tree Service, Inc. (10th Cir., March 25, 2015) (affirming summary judgment in favor of Wright Tree Service on Chytka’s numerous age and gender discrimination, hostile work environment, equal pay act, and ERISA claims)
Discrimination EEOC v. Beverage Distributors Company, LLC (10th Cir., March 16, 2015) (discrimination claim by blind employee; reversing based on district court’s erroneous direct threat instruction) Jones v. McHugh, Secretary of the Army (10th Cir., March 16, 2015) (affirming summary judgement against Jones in the absence of evidence of improper motive) Contract Andersen v. Department […]
Discrimination/Retaliation McDonald v. The Boeing Company (10thCir., March 3, 2015) (affirming summary judgment in favor of Boeing becauseMcDonald could show no pretext for his termination) McCauley v. Board of Commissioners forBernalillo County (10th Cir., March 2, 2015) (affirming summaryjudgment on age discrimination and retaliation claims) Wages Ellis v. J.R.’s Country Stores, Inc. (10th Cir., March […]
Public Employees Seifert v. Unified Government of Wyandotte County, Kansas (10th Cir., February 27, 2015) (affirming in part and reversing in part conclusions as to plaintiff’s testimony against public officers and potentially pretextual reasons for his dismissal and mistreatment) Discrimination/Retaliation Tadlock v. Marshall County HMA, LLC (10th Cir., February 25, 2015) (reversing summary judgment in […]
False Claim Act Vanlangingham v. Grand Junction Regional Airport Authority (10th Cir., February 11, 2015) (affirming a Rule 12(b)(6) dismissal of False Claims Act suit because of Vanlandingham’s knowing and voluntary execution of a release of all claims) Discrimination Avington v. Metropolitan Tulsa Urban League (10th Cir., February 11, 2015) (affirming summary judgement in favor […]
Giles v. Mineral Resources International, Inc. (Utah Ct. App., October 30, 2014) (breach of fiduciary duty based upon covenant not to compete) Moffett v. Colvin, Acting Commissioner (10th Cir., October 30, 2014) (affirming denial of application for disability insurance benefits) Hutchins v. Cessna Aircraft Company (10th Cir., October 30, 2014) (affirming summary judgement in favor […]
On August 11, 2011, the Tenth Circuit Court of Appeals ruled that a district court had properly dismissed an Age Discrimination in Employment Act and ERISA claim against an employer. In Tomlinson v. El Paso Corporation, the court stated that it would determine whether an ERISA plan was discriminatory on the basis of age by […]
The Tenth Circuit Court of Appeals ruled in Mendelsohn v. Sprint/United Management Company that the district court did not abuse its discretion when it excluded testimony of witnesses who claimed to hear ageist remarks before a RIF that included the plaintiff. The court reasoned that because the plaintiff alleged only that her RIF was inconsistent […]
In Kosak v. Catholic Health Initiatives, the Tenth Circuit Court of Appeals affirmed judgment against a woman who claimed she was discriminated against because of her age. Despite the woman’s arguments to the contrary, the Tenth Circuit reaffirmed that “an ADEA plaintiff must ordinarily show that her position was filled by a younger person in […]
