Discrimination~Retaliation *Alabi v. Vilsack (10th Cir., June 21, 2021) (affirming summary judgment in favor of the USDA on Alabi’s claims of retaliation, hostile work environment, and discrimination: Alabi failed to exhaust his administrative remedies on most of his claims, there was no evidence of material disadvantage from the USDA’s letter of warning, and the minor […]
ERISA & Employee Pension Plans Ramps v. Banner Health (10th Cir., June 11, 2021) (affirming district court calculation of damages, denial of injunction, and judgment in favor of Banner on plaintiffs’ prohibited transaction claim: plaintiffs’ damages calculations were improperly vague; they failed to make a showing that injunctive or equitable relief was appropriate; and ERISA […]
Worker’s Compensation ~ Occupational Safety and Disease *Fannin v. Commissioner (10th Cir., May 24, 2021) (affirming denial of social security benefits: under the SSA’s five-step sequential evaluation, Fannin was not under a disability) *Colbert v. Commissioner (10th Cir., May 25, 2021) (vacating and remanding district court judgment denying social security benefits based upon the holding […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Williams v. United States (10th Cir., April 22, 2021) (dismissing Williams’ appeal for lack of subject matter jurisdiction: Williams raised no nonfrivolous argument for reversal of the the district court’s grant of summary judgment in favor of the United States on his claims for tortious interference […]
Discrimination ~ Retaliation *Thomas v. Farmers Insurance Exchange (10th Cir., April 14, 2021) (affirming summary judgment in favor of Farmers on Thomas’s sexual-orientation discrimination and retaliation claims: there was no direct evidence of discrimination or retaliation, and no showing of pretext) Workers’ Compensation ~ Occupational Safety and Disease *Keenan, Hopkins, Suder, and Stowell Contractors, Inc. […]
ERISA and Employee Pension Plans *Retired Public Employees of New Mexico, Inc. v. Probst (10th Cir., April 6, 2021) (affirming summary judgment in favor of Probst on their Section 1983 procedural and substantive due process claims: the federal claims against Probst and Pittard (the other defendant) were subject to dismissal based on the 11th Amendment) […]
Discrimination ~ Retaliation *Fisher v. Basehor-Linwood Unified School District (10th Cir., March 16, 2021) (affirming summary judgment in favor of the school district on Fisher’s claims for disability discrimination and retaliation: Fisher presented no evidence that her the principal’s inquiry regarding her disability was inconsistent with the District’s business needs, and thus proper, nor could […]
Workers’ Compensation ~ Occupational Safety and Disease *Deherrera v. Commissioner (10th Cir., March 12, 2021) (affirming denial of disability benefits: the evidence satisfies the substantiality test: more than a scintilla supports the conclusion here) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and […]
Discrimination ~ Retaliation *Dennis v. Fitzsimons (10th Cir., March 3, 2021) (affirming summary judgment in favor of Fitzsimons on Dennis’s disability discrimination claim: Dennis failed to offer any evidence of a causal connection between his alcoholism and his discharge) Miscellaneous Tanner v. McMurray (10th Cir., March 2, 2021) (reversing summary judgment granting defendants qualified immunity […]
ERISA and Employee Pension Plans *Festini-Steele v. Exxonmobil Corp. (10th Cir., February 18, 2021) (Reversing lower court determination that divorce decree was not a qualified domestic relations order, and that Festini-Steele was therefore not entitled to the proceeds of her ex-husband’s group life insurance policy: the order was plainly a QDRO and thus exempt from […]
