Wages Dish Network, L.L.C., v. Ray (10th Cir., August 21, 2018) (affirming denial of Dish Network’s petition to vacate class arbitration award)Workers Compensation/Occupational Safety and DiseaseF.H. Coatings, LLC, v. Acosta (10th Cir., August 20, 2018) (affirming OSH commission order penalizing F.H. Coatings for violation of the Occupational Safety and Health Act, resulting in the death of […]
Discrimination/Retaliation*Salemi v. Colorado Public Employees’ Retirement Association (10th Cir., August 17, 2018) (affirming summary judgment for the Association as to Salemi’s discrimination and retaliation claims under under Title VII, § 1981, the First Amendment, and the FMLA)*McFarland v. City and County of Denver (10th Cir., August 17, 2018) (affirming summary judgment for Denver on McFarland’s failure-to-accommodate claim)Wages*Acosta v. […]
Discrimination/Retaliation*Muller v. Perdue (10th Cir., August 1, 2018) (affirming dismissal of retaliation and defamation claims: the court below did not abuse its discretion)*Williams v. SKF USA, Inc. (10th Cir., August 1,2018) (affirming final judgment against him on his hostile-work-environment claims: there is no basis for reversal)Workers Compensation/Occupational Safety and Disease*Otero v. Commissioner, SSA (10th Cir., August […]
Discrimination/Retaliation Bailey v. Independent School District (10th Cir., July 24, 2018) (reversing summary judgment in favor of school district: public employee’s letter seeking a reduced sentence for his relative is speech on a matter of public concern for First Amendment purposes)Armstrong v. the Arcanum Group, Inc. (10th Cir., July 27, 2018) (affirming summary judgment for […]
Discrimination/Retaliation *Nicholson v. Mnuchin (10th Cir., July 17, 2018) (affirming dismissal of complaint as frivolous) *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 estoppel. They may be cited, however, for persuasive value under Fed.R.App.P. […]
Discrimination/Retaliation *Mielnicki v. Wal-Mart Stores, Inc. (10th Cir., June 20, 2018) (affirming summary judgment in favor of Wal-Mart on ADA claim: she failed to raise an issue of material fact as to her ability as a maintenance associate)ERISA and Employee Pension Plans Wisconsin Central Ltd., et al., v. United States (U.S., June 21, 2018) (reversing […]
Discrimination/Retaliation*Harrington v. Ozark Waffle, LLC (10th Cir., May 29, 2018) (affirming dismissal: Harrington did not show any abuse of discretion in the trial court’s dismissal of his employment discrimination claim)*Rolland v. Carnation Building Services, Inc. (10th Cir., May 30, 2018) (affirming summary judgment in favor of Carnation: its reasons for terminating Rolland were consistent, and Rolland […]
Discrimination/RetaliationFassbender v. Correct Care Solutions, LLC (10th Cir., May 15, 2018) (reversing summary judgment in favor of Fassbender on her pregnancy discrimination claim but affirming summary judgment on her retaliation claim as CCS’s explanation could reasonably be seen as pretextual)MiscellaneousXyngular v. Schenkel (10th Cir., May 15, 2018) (affirming imposition of sanctions for prelitigation conduct)
Discrimination/Retaliation Kerner v. City and County of Denver (10th Cir., May 7, 2018) (remanding the district court’s Lodestar analysis of attorney’s fees following Kerner’s prevailing on her disparate impact claim) ERISAEmployees’ Retirement System v. Williams Companies (10th Cir., May 11, 2018) (affirming dismissal of amended complaint for failure to adequately allege scienter)
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. […]
