Discrimination~Retaliation *Muggenborg v. Nortek Air Solutions, LLC (10th Cir., October 15, 2021) (affirming summary judgment in favor of Nortek on Muggenborg’s age-discrimination claim: despite a strong prima-facie case, Muggenborg failed to show that Nortek’s justification for terminating him were pretextual) Workers Compensation~Occupational Safety and Disease C.R. England & Indemnity Insurance Co. v. Labor Commission (Utah […]
Contract~Noncompete~Trade-Secret~Wrongful Termination *Williams v. Keller (10th Cir., October 1, 2021) (affirming dismissal of Williams’ malicious prosecution claim after his dismissal and later the indictment brought against him as a result of his alleged unlawful exportation of goods in connection with his employer’s F-16 foreign military sales program: the indictment was dismissed, but Williams failed to […]
Discrimination~Retaliation *Hill v. SER Jobs for Progress National, Inc. (10th Cir., September 21, 2021) (reversing summary judgment in favor of SER on Hill’s employment discrimination and retaliation claims: although SER claimed Hill was not an employee, the record was inconclusive for purposes of Title VII; the matter was remanded for determination) ERISA and Employee Pension […]
Discrimination~Retaliation Edmonds-Radford v. Southwest Airlines Co. (10th Cir., September 16, 2021) (affirming summary judgment in favor of Southwest on Edmonds-Radford’s disparate treatment, failure to accommodate, and retaliation claims: Edmonds-Radford failed to establish that her disability was a determining factor in her termination) Brown v. Austin (10th Cir., September 15, 2021) (affirming summary judgment for defendant […]
Discrimination ~ Retaliation Hayes v. Skywest Airlines, Inc. (10th Cir., September 9, 2021) (affirming district court award of front pay to Plaintiff Hayes on his employment discrimination claim and denial of motion for new trial: the district court did not abuse its discretion) Workers Compensation ~ Occupational Safety and Disease YESCO v. Labor Commission (Utah […]
Workers Compensation ~ Occupational Safety and Disease *Kulasa v. Wyndham Vacation Rentals (10th Cir., August 27, 2021) (affirming summary judgment in favor of Wyndham on Kulasa’s claims under the ADA and the Colorado anti-discrimination and wage-claim acts: He failed to establish he had a disability or any limitation arising out of his ADHD) *Cases marked […]
Public Employers/Employees *Ratheal v. United States (10th Cir., August 16, 2021) (affirming dismissal of Ratheal’s negligence, misrepresentation, and abuse of process claims for lack of subject matter jurisdiction: the claims were barred under the discretionary function exception to the Federal Tort Claims Act’s waiver of sovereign immunity) *Cases marked with an asterisk are not binding […]
Discrimination ~ Retaliation Duda v. Elder (10th Cir., July 27, 2021) (affirming denial of qualified immunity to Sheriff Elder on Duda’s retaliation claim: the sheriff fired Deputy Duda for violating “a neutral policy prohibiting on-duty political activity,” but he did not apply it neutrally: he allowed political activity in his favor but fired Duda when […]
Discrimination ~ Retaliation *Lister v. Western Industries Corporation (10th Cir., July 19, 2021) (affirming summary judgment in favor of Western Industries on Lister’s claim of racial discrimination: Western’s stated reason for terminating Lister—violation of safety protocol—was not pretextual) Public Employers/Employees *Blackburn v. U.S. (10th Cir., July 19, 2021) (reversing dismissal of the Blackburns’ negligent performance […]
Wages Alarm Protection Technolgy, Inc. v. Bradburn (10th Cir., July 1, 2021) (affirming denial of Bradburn’s motion for return of excess proceeds and unused property from Alarm’s purchase of his unpaid compensation claims: Bradburn did not establish any basis for reversal of the district court’s decision) Alarm Protection Technology, Inc. v. Crandall (10th Cir., July […]
