Workers Compensation/Occupational Safety and Disease*Bryant v. Commissioner (10th Cir., November 23, 2018) (reversing denial of disability benefits: the administrative law judge improperly evaluated her medical provider’s opinions*The 10th Circuit has declared this case not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, […]
Retirement, ERISA and Employee Pension PlansHackford v. Utah State Retirement Board (Utah Ct. App., November 16, 2018) (declining to disturb the Board’s decision that Hackford’s early retirement is subject to the early retirement reduction)Workers Compensation*Lauer v. Commissioner (10th Cir., November 14, 2018) (reversing denial of disability benefits: the ALJ failed to properly take into account Lauer’s […]
Contract/Noncompete/Trade Secret/Wrongful TerminationSkolnick v. Exodus Healthcare Network, PLLC (Utah Ct. App., November 8, 2018) (affirming summary judgment in favor of Skolnick on her claim for breach of contract: Exodus’s obligation to pay Skolnick was not subject to any condition precedent) Discrimination/Retaliation *Ombe v. State of New Mexico (10th Cir., November 8, 2018) (affirming judgment against […]
Discrimination/Retaliation*Bryant v. United States Postal Service (10th Cir., November 2, 2018) (reversing dismissal based on lack of jurisdiction and remanding for dismissal for failure to exhaust administrative remedies)*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of the case, res judicata, or […]
Discrimination/Retaliation*Herrera v. United Airlines, Inc. (10th Cir., October 22, 2018) (affirming summary judgment in favor of United: Herrera could show no pretext in his termination, and United’s reasons were legitimate and nondiscriminatory)*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of […]
Discrimination/Retaliation *Palmer v. Kaiser Foundation Hospitals (10th Cir., October 18, 2018) (affirming summary judgment in favor of Kaiser on Palmer’s race discrimination, retaliation, and hostile work environment claims: the differences in job descriptions raised created no issues of fact) Workers Compensation/Occupational Safety and Disease *Praytor v. Commissioner (10th Cir., October 19, 2018) (reversing denial of […]
Discrimination/Retaliation Payan v. United Parcel Service (10th Cir., October 4, 2018) (affirming summary judgment in favor of UPS on Payan’s racial discrimination and breach of both contract and the covenant of good faith and fair dealing: critical elements were missing from each claim)*Jara v. Standard Parking (10th Cir., October 2, 2018) (affirming dismissal of discrimination claim […]
Discrimination/RetaliationSmith v. Cheyenne Retirement Investors (10th Cir., September 25, 2018) (affirming dismissal of Smith’s Title VII retaliation suit because she failed to exhaust her administrate remedies)ERISA*Green v. Life Insurance Company of North America (10th Cir., September 26, 2018) (affirming denial of long-term disability benefits under ERISA)*Cases marked with an asterisk are 10th Circuit cases the […]
Workers Compensation/Occupational Safety and Disease*Keller v. Commissioner (10th Cir., September 13, 2018) (affirming dismissal of Keller’s pro se social-security-benefits complaint for failure of the short-and-plain-statement requirement)*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Johns Manville Corporation v. Knauf Insulation, LLC (10th Cir., September 5, 2018) (affirming denial of Manville’s motion for a new trial on its trade secrets claim—lengthy procedural discussion) Miscellaneous Kyco Services, LLC, v. Department of Workforce Services (Utah Ct. App., September 7, 2018) (affirming, as supported by substantial evidence, determination that Kyco failed […]
