Workers Compensation~Occupational Safety and Disease Norwood v. United Parcel Service, Inc. (10th Cir., January 17, 2023) (affirming summary judgment in favor of United Parcel Service: the district court granted Plaintiff concessions where it could, but the undisputed facts clearly contradict Plaintiff’s version of the interactive process for accommodation of a disability) *Cases marked with an […]
Discrimination~Retaliation *Kahler v. Walmart, Inc. (10th Cir., January 3, 2023) (affirming dismissal of Kahler’s complaint for retaliation, wrongful termination, and failure to rehire: Kahler’s only claims not barred by res judicata fail to state a cause of action) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the […]
Discrimination~Retaliation *Delopez v. Bernalillo Public Schools (10th Cir., December 22, 2022) (affirming summary judgment in favor of Defendants on Delopez’s age-discrimination and constructive-discharge claims: there was no evidence of discrimination. Also, reversing summary judgment in favor of Defendants on Delopez’s state-law breach-of-contract claim: Delopez didn’t have to exhaust her administrative remedies without proper notice.) Workers […]
Discrimination ~ Retaliation *Bond v. Wormuth (10th Cir., December 14, 2022) (affirming summary judgment in favor of defendant on Bond’s employment discrimination claims: Bond failed to exhaust her administrative remedies.)’: Bond failed to exhaust her administrative remedies.) Public Employers~Employees *Pigeon v. Oklahoma City (10th Cir., December 14, 2022) (affirming summary judgment in favor of the […]
Workers’ Compensation ~ Occupational Safety and Disease Mitchell v. Labor Commission (Utah Ct. App., December 8, 2022) (Mitchell claimed that one of the medical panel members reviewing his workers’ compensation claim was not impartial. The Commission rejected his objection because he failed to show “actual bias.” The Court of Appeals set aside the Commission decision, […]
Discrimination~Retaliation *Flowers v. United Parcel Service, Inc. (10th Cir., November 29, 2022) (affirming summary judgment in favor of UPS on Flowers’ age discrimination and retaliation claims: Flowers failed to raise any genuine issues for trial on any of his claims) *Painter v. Midwest Health, Inc.; Pioneer Ridge Nursing Facility Operations, LLC (10th Cir., November 30, […]
Discrimination~Retaliation Fresquez v. BNSF Railway Co. (10th Cir., November 10, 2022) (affirming judgment and jury award in favor of Fresquez on his retaliation claims against BNSF, which fired Fresquez because of his refusal to conceal safety defects on the tracks he was employed to inspect: Fresquez’s actions were expressly protected under the Federal Railroad Safety […]
Discrimination~Retaliation *Tracy v. Vail Resorts, Inc. (10th Cir., November 1, 2022) (affirming dismissal of Tracy’s claims of discrimination and retaliation against Vail for terminating him for his disclosure of unsafe conditions at Vail: Tracy did not meet his initial burden for a discrimination claim under Title VII; nor did he present a plausible retaliation claim) […]
Workers Compensation ~ Occupational Safety & Disease *Nielsen v. Commissioner, SSA (10th Cir., October 28, 2022) (affirming denial of Social Security benefits: substantial evidence supported the ALJ’s disability determination and the correct legal standards were applied) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res […]
Discrimination~Retaliation *Thompson v. Little America Hotel Co. (10th Cir., October 19, 2022) (affirming summary judgment in favor of Little America on Thompson’s national-origin discrimination claim: Thompson’s termination was based on her disobedience, not upon any discriminatory animus against people from Russia) *Cases marked with an asterisk are not binding precedent, except under the doctrines of […]
