Discrimination/Retaliation *Gaige v. SAIA Motor Freight Line, LLC (10th Cir., November 29, 2016) (affirming denial of Gaige’s motion for new trial: lower court was within its discretion in finding that the proposed evidence’s unfair prejudice substantially outweighed its probative value) Workers Compensation/Occupational Safety and Disease*Patterson v. Colvin (10th Cir., November 30, 2016) (affirming denial of […]
Contract/Noncompete/Trade Secret/Wrongful TerminationAcha v. Dept. of Agriculture (10th Cir., November 14, 2016) (vacating MeritSystems Protection Board decision: the MSPB lacked jurisdiction to consider whether Acha had been terminated for disclosure of Federal Acquisition Regulation violation)Discrimination/Retaliation*Palzer v. Cox Oklahoma Telecom, LLC (10th Cir., November 18, 2016) (reversing dismissal of Palzer’s suit for failure of timely service, instead of giving […]
WagesSharp v. CGG Land (U.S.), Inc. (10th Cir., November 4, 2016) (affirming exclusion of meal allowance from time-and-a-half overtime calculation)Workers Compensation/Occupational Safety and DiseasePetersen v. Labor Commission (Utah Ct. App., November 3, 2016) (affirming commission determination that surgeries were unnecessary and thus incompensable)*Paulsen v. Colvin (10th Cir., November 1, 2016) (affirming denial of disability benefits […]
Workers Compensation/Occupational Safety and Disease *Razo v. Colvin (10th Cir., October 21, 2016) (affirming denial of disability benefits and supplemental income because the ALJ properly addressed Razo’s impairments and the opinions of the treating physician and the vocational expert) *Shelton v. Colvin (10th Cir., October 18, 2016) (affirming denial of disability benefits and supplemental income: […]
Discrimination/Retaliation*Rusk v. State of Utah (10th Cir., October 26, 2016) (affirming dismissal of Rusk’s discrimination/retaliation claim as barred by sovereign immunity)*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for […]
Discrimination/Retaliation*Ayalla v. U.S. Postmaster General (10th Cir., October 12, 2016) (affirming dismissal of Ayalla’s claims under the Age Discrimination in Employment Act and the Equal Pay Act, for failure to state a claim)Workers Compensation/Occupational Safety and Disease*Kirkpatrick v. Colvin (10th Cir., October 11, 2016)(affirming denial of disability benefits because Kirkpatrick failed to show that his RFC […]
Miscellaneous *Wyles v. Sussman (10th Cir., September 13, 2016) (vacating dismissal of federal suit: the pending state-court action did not preclude the parallel federal-court action) *Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They […]
Labor Unions American Federation of Gov’t Employees, Local 1592, v. Federal Labor Relations Authority (10th Cir., September 7, 2016) (denying the union’s petition to review an FLRA decision denying a union member a union representative during interrogation)
Contract/Noncompete/Trade Secret/Wrongful Termination *Retiree, Inc. v. Anspach (10th Cir., August 17, 2016) (affirming damages on Anspach’s breach of confidentiality agreement, but reversing as to improper disclosure. Additionally, in a nondisclosure agreement (rather than a noncompete covenant), an indefinite term is permissible.) *Cases marked with an asterisk are cases the 10th Circuit does not consider binding […]
Discrimination/RetaliationBird v. West Valley City (10th Cir., August 8, 2016) (affirming summary judgment in favor of West Valley on Bird’s gender-discrimination and hostile-work-environment claims; but reversing on Bird’s claim of First-Amendment retaliation claim) *Ridgell-Boltz v. Colvin (10th Cir., August 10, 2016) (affirming denial of attorneys’ fees, but reversing the district court’s order dismissing Ridgell-Boltz’s hostile-work-environment […]
