ERISA *Weiss v. Banner Health (10th Cir., February 9, 2021) (affirming denial of her request for pre-authorization of knee surgery: Weiss did not show that Banner’s plan administrator abused its discretion) Miscellaneous *Livingstone v. University of Kansas Hospital Authority (10th Cir., February 11, 2021) (affirming lower court’s disallowing leave to amend response brief: Livingstone sought […]
Workers’ Compensation ~ Occupational Safety and Disease *Tesone v. Empire Marketing Strategies (10th Cir., February 5, 2021) (affirming summary judgment in favor of Empire Marketing on Tesone’s disability discrimination claim: Tesone had no evidence from which to establish disability under the ADA) Salinas v. United States Railroad Retirement Board (U.S. Supreme Court, Februay 3, 2021) […]
Discrimination ~ Retaliation *DeSanzo v. AHS Southcrest Hospital, LLC (10th Cir., January 28, 2021) (affirming summary judgment in favor of AHS on DeSanzo’s age discrimination an retaliation claims: DeSanzo could not establish that AHS’s reason for her termination was pretextual) Miscellaneous *Oldenburg v. American Modern Insurance Company, Inc. (10th Cir., January 26, 2021) (reversing summary […]
Contract ~ Noncompete ~ Trade-Secrets ~ Wrongful Termination *Goss v. Cathey (10th Cir., January 12, 2021) (affirming denial of post-judgment motion to reopen and amend: the district court’s failure to explain its denial was harmless error since Goss identified no new facts or law) Public Employers ~ Employees *Metzler v. City of Colorado Springs (10th […]
Public Employers ~ Employees Fenn v. City of Truth or Consequences (10th Cir., December 29, 2020) (affirming summary judgment on Fenn’s supervisory liability claims: a municipality may not be held liable where there is no underlying constitutional violation by any of its officers) Crowson v. Washington County (10th Cir., December 29, 2020) (reversing denial of […]
Workers Compensation ~ Occupational Safety and Disease Medina v. Dumas Concrete Construction LLC (Utah Ct. App., December 17, 2020) (reversing summary judgment in favor of Dumas on Medina’s claim that he was terminated for seeking workers compensation benefits: Medina presented sufficient circumstantial evidence that his seeking benefits was a substantial factor in his termination) *Mannan […]
Contract~Noncompete~Trade Secret~Wrongful Termination Alfaro-Huitron v. Cervantes Agribusiness (10th Cir., December 11, 2020) (reversing summary judgment in favor of Cervantes on Plaintiff’s claims for breach of contract and violation of the Migrant and Seasonal Agricultural Worker Protection Act: the evidence suffices for a finding that the hiring contractor was acting as Cervantes’s agent when it […]
Discrimination~Retaliation *Jim v. Shiprock Associated Schools, Inc. (10th Cir., November 10, 2020) (affirming summary judgment in favor of Shiprock on Jim’s discrimination claim: the Equal Employment Opportunities Act includes an exception for Indian Tribes; here, the corporation constitutes an “indian tribe” because of its many links to the Navajo Nation) *Cases marked with an asterisk […]
Discrimination~Retaliation Bird v. West Valley City (10th Cir., October 14, 2020) (affirming verdict in favor of West Valley on Bird’s first amendment retaliation claim: the district court did not err in denying a new trial, nor was the language in the verdict form erroneous)
Discrimination~Retaliation Baca v. Department of the Army (10th Cir., September 2, 2020) (affirming the Merit Systems Protection Board’s determination that Baca’s termination was not unlawful retaliation for whistleblowing: attempting to intimidate a witness into providing a false statement is not protected conduct under the Whistleblower Protection Act) *Cases marked with an asterisk are not binding […]
