Tenth Circuit – Page 25

Cases — July 26th through August 1st

admin - October 1, 2015 - Disability, Discrimination, ERISA, FMLA, Retaliation, Retirement Pension, Tenth Circuit

ERISAMartinez v. the Plumbers and Pipefitters National Pension Plan (10th Cir., July 29, 2015) (upholding denial of request to convert early retirement pension to disability pension) Miscellaneous*Janczak v. Tulsa Winch (10th Cir., July 30, 2015)(reversing and remanding summary judgment against Janczak on claim of interference with FMLA leave) Discrimination and Retaliation*Didier v. Abbott Laboratories (10th Cir., July 31, 2015)(affirming summary judgement […]

Cases — July 12th through 18th

admin - July 29, 2015 - Benefits, Disability, Discrimination, First Amendment, Retaliation, Tenth Circuit, Utah Court of Appeals, Workers Compensation

Workers Compensation/Occupational Safety and Disease Brooks v. Commissioner (10th Cir., July 17, 2015) (affirming the Commission determination that Brooks had received an overpayment of Disability benefits) Santos v. Colvin (10th Cir., July 15, 2015) (affirming dismissal of complaint challenging the denial of disability insurance benefits) Discrimination and Retaliation Bandi v. Colvin (10th Cir., July 16, 2015) (affirming summary […]

Cases — July 5th through 11th

admin - July 12, 2015 - Age Discrimination in Employment Act (ADEA), Disability, Discrimination, Retaliation, Tenth Circuit, Utah Court of Appeals, Wages, Workers Compensation

Workers Compensation/Occupational Safety and Disease Bainbridge v. Colvin (10th Cir., July 7, 2015) (affirming denial of disability benefits) Discrimination/Retaliation Jordan v. Dillon Companies (10th Cir., July 9, 2015) (affirming summary judgment in favor of Dillon as Jordan could not show pretext for termination under a subordinate bias theory) Bennett v. Windstream Communications, Inc. (10th Cir., July […]

Cases — June 28th through July 4th

admin - July 7, 2015 - First Amendment, Immigration, Speech, Tenth Circuit

Discrimination & Retaliation Rock v. Levinski (10th Cir., June 29, 2015) (affirming Rock’s dismissal because her right to free speech did not overcome Levinski’s concern that those in high-ranking policy positions should “speak publicly with a single voice on policy matters”) Miscellaneous United States v. Kizzy Kalu (10th Cir., June 29, 2015) (affirming conviction and […]

Cases — June 21st through 27th

admin - July 1, 2015 - Discrimination, First Amendment, Retaliation, Tenth Circuit, Whistleblower Protection

Discrimination & Retaliation Teufel v. Dept. of the Army (10th Cir., June 26, 2015 — persusasive) (denying Teufel’s petition for review because all the points raised are “committed by law to the appropriate agency of the Executive branch”) Billy v. Curry County Board of Commissioners (10th Cir., June 25, 2015 — persuasive) (very brief case upholding Billy’s […]

Cases — June 7th through 20th

admin - June 20, 2015 - Americans with Disabilities Act (ADA), Disability, Discrimination, Retaliation, Tenth Circuit, Unemployment Compensation, Workers Compensation

Discrimination and Retaliation Arbogast v. Kansas Department of Labor (10th Cir., June 19, 2015) (court lacked jurisdiction to consider state department of labor’s capacity to be sued, but affirms the department’s nonentitlement to eleventh-amendment immunity) Martinez v. Southwest Cheese Company (10th Cir., June 18, 2015) (affirming exclusion of portions of affidavits and summary judgement in […]

Cases — May 24th through 30th

admin - June 2, 2015 - Arbitration, Discrimination, Sarbanes-Oxley Act (SOX), Tenth Circuit, Utah Court of Appeals

Contract/Noncompete Anderson v. Larry H. Miller Communications (Utah Ct. App., May 29, 2015) (affirming summary judgment in favor of Larry H. Miller based upon the absence of a contract) Pre-Paid Legal Services, Inc,, v. Cahill (10th Cir., May 26, 2015) (affirming lower court’s lifting stay pending arbitration and resuming litigation because defendant failed to […]

Cases — May 10th through 16th

admin - May 19, 2015 - Disability, Discrimination, Tenth Circuit, Workers Compensation

Workers Compensation Lankford v. Colvin (10th Cir., May 14, 2015) (affirming denial of disability and supplemental security income benefits) Discrimination Brown v. Marriott Hotel (10th Cir., May 12, 2015) (affirming dismissal under Rule 12(b)(6) because Brown’s allegations fail to provide a basis for a federal employment discrimination claim)

Cases — May 3rd through May 9th

admin - May 9, 2015 - Disability, Discrimination, Retaliation, Tenth Circuit, Utah Court of Appeals, Wages

Contract/Noncompete/Trade Secret/Wrongful Termination Francis v. National DME (Utah Ct. App., May 7, 2015) (federal and state claims arising originally from a dispute over a covenant not to compete, ultimately reduced to claims or intentional interference with economic relations, breach of contract, and attorney’s fees) Discrimination Hare v. Donahoe (10th Cir., May 4, 2015) (affirming dismissal, under Rule 12(b)(6), […]

Cases — April 26th through May 2nd

admin - May 9, 2015 - Americans with Disabilities Act (ADA), Disability, Property Interest, Tenth Circuit, Unemployment Compensation, Utah Court of Appeals, Workers Compensation

Workers Compensation Jones v. Colvin (10th Cir., May 1, 2015) (affirming denial of social security, disability benefits, and disabled widows benefits based on weight given to the treating physician’s testimony) Public Employees Hollenbach v. Salt Lake City Civil Service Commission (Utah Ct. App., April 30, 2015) (declining to disturb commission’s approval of 60-hour suspension against […]