Discrimination/Retaliation*Farris v. Garden City, Kansas (10th Cir., February 9, 2016) (affirming dismissal because Farris failed to sufficiently allege he was a qualified individual with adisability or that he suffered intentional discrimination)Workers Compensation/Occupational Safety and Disease*Johnson v. Colvin (10th Cir., February 10, 2016) (affirming the judgement of the district court upholding the Commissioner’s denial of benefits […]
Discrimination/Retaliation*Montoya v. Hunter Douglas Window Fashions, Inc. (10th Cir., January 25, 2016) (affirming summary judgement in favor of defendant because Montoya failed to show pretext for either her discrimination claim or herretaliation claim)*Mancell v. McHugh, Secretary of the Army (10th Cir., January 25, 2016) (affirming summary judgement in favor of defendant on Mancell’s discrimination and retaliation […]
DiscriminationL’Ggrke v. Asset Plus Corporation (10th Cir., January 20, 2016) (affirming dismissal of L’Ggrke’s employment discrimination complaint for failure to prosecute)ERISAMontanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan (U.S., January 20, 2016) (reversing an 11th-Circuit decision holding that when an ERISA-plan participant wholly dissipates a third-party settlement on nontraceable items, the plan […]
Discrimination / Retaliation*Lewis v. Twenty-First Century Bean Processing (10th Cir., January 5, 2016) (affirming summary judgment in favor of defendant on plaintiff’s age- and race-discrimination claims)WagesNesbitt v. FCNH, Inc. (10th Cir., January 5, 2016) (affirming the district court’s order denying defendant FCNH’s motion to stay the proceedings and to compel arbitration)Workers’ Compensation*Lynn v. Colvin (10th Cir., January […]
Discrimination/Retaliation *Herndon v. Best Buy Co., Inc. (10th Cir., December 15, 2015) (affirming dismissal of plaintiff’s claim of retaliatory discharge for hiring a former felon) Unemployment Appeals Martin v. Department of Workforce Services (Utah Ct. App., December 17, 2015) (untimely filed appeal dismissed for lack of jurisdiction) Yudin v. Department of Workforce Services (UtahCt. App., […]
WAGES *Evans v. Loveland Automotive Investments, Inc. (10th Cir., December 10, 2015) (adopting the rule that an award of both a state statutory penalty and FLSA liquidated damages does not constitute a double recovery) DISCRIMINATION/RETALIATION *Winters v, Board of County Commissioners of Muskogee County, Oklahoma (10th Cir., December 10, 2015) (reversing summary judgment in the […]
Discrimination / Retaliation *Morman v. Campbell County Memorial Hospital (10th Cir., December 2, 2015) (failure to plead plausible gender-discrimination claim, and defendants are individually entitled to qualified immunity) Labor Unions *International Union of Operating Engineers, Local 627 v. NLRB (10th Cir., December 3, 2015) (affirming NLRB finding that the union violated the National Labor Relations […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Kreso v. McDonald (10th Cir.,November 12, 2015) (affirming district court’s refusal to overturn Veteran’s Affairs Disciplinary Appeals Board’s termination of Kreso’s employment) Discrimination & Retaliation *Cory v. City of Basehor (10th Cir.,November 12, 2015) (upholding summary judgment against Cory on his claim that the city terminated him as a police officer in retaliation for exercising his […]
Discrimination & Retaliation *McElroy v. American Family Insurance (10th Cir., October 30, 2015) (affirming summary judgment in favor of defendant on McElroy’s hostile work environment and retaliation claims) False Claims *Troxler v. Warren Clinic, Inc. (10th Cir.,October 28, 2015) (affirming dismissal of qui tam claim of fraudulent billing under Rule 12(b)(6)) Miscellaneous *Peavy v. Labor Source, LLC (10th Cir., October 27, 2015)(declining […]
Workers Compensation/Occupational Safety and Disease *Rivera v. Colvin (10th Cir., October 20, 2015)(affirming denial of social security benefits) *Pham v. James (10th Cir., October 20, 2015)(affirming dismissal of Pham’s Title VII EEOC claims—workplace harassment based on disability and retaliation—for failure to exhaust his administrative remedies) *Hays v. Colvin (10th Cir., October 22, 2015) (reversing and remanding denial of […]
