Discrimination~Retaliation Parker v. United Airlines, Inc. (10th Cir., September 26, 2022) (affirming summary judgment in favor of United: United’s seeking independent review of Parker’s misconduct broke any causal chain between Parker’s FMLA leave and any retaliatory action by her supervisors) Workers Compensation ~ Occupational Safety and Disease Energy West Mining Company v. Bristow (10th Cir., […]
Discrimination ~ Retaliation *Barker v. Utah Department of Environmental Quality (10th Cir., January 28, 2022) (affirming dismissal Barker’s complaint for retaliation against her because of her earlier, settled lawsuit from 2015: Barker failed to name the DEQ as the defendant in her amended complaint, did not timely file her discrimination charge with the EEOC, and […]
Workers’ Compensation ~ Occupational Safety and Disease *Energy West Mining Company v. Director, OWCP (10th Cir., October 23, 2019) (dismissing Energy West’s petition for review of the Review Board’s decision ordering an award of black lung benefits: the Board’s decision was not a final order, and so the court lacked subject-matter jurisdiction) *Putnam v. Commissioner […]
Workers Compensation ~ Occupational Safety and Disease *Mann v. Turner Brothers, Inc. (10th Cir., August 9, 2019 (revised September 3, 2019)) (denying Mann’s petition for review of denial of benefits under the Black Lung Benefits Act: there was insufficient basis for finding of pneumoconiosis) *Cases marked with an asterisk are not binding precedent, except under […]
Workers Compensation ~ Occupational Safety and Disease Rockwood Casualty Insurance Company v. Director, OWCP (10th Cir., March 5, 2019) (denying Rockwood’s petition for review of award of black lung benefits: substantial evidence supported the ALJ’s substantive benefits determination) Wages BNSF Railway Co. v. Loos (U.S., March 4, 2019) (A railroad’s payment to an employee for […]
WagesNew Prime, Inc., v. Oliveira (U.S., January 15, 2019) (affirming decision that the Federal Arbitration Act excepts from coverage disputes involving “contracts of employment” and that the term “contracts of employment” covers, not just employer-employee relationships, but contracts with independent contractors, as well)Workers Compensation/Occupational Safety and Disease Liberty Mutual Fire Insurance Company v. Woolman (10th Cir., […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Jones v. Office of Administrative Hearings (10th Cir., December 11, 2018) (affirming dismissal of Jones’s equal protection and due process claims after she was fired after failing a drug test) Workers Compensation/Occupational Safety and Disease *Vigil v. Commissioner, SSA (10th Cir., December 11, 2018) (affirming denial of disability benefits: Vigil failed to satisfy the […]
Discrimination/Retaliation *Gardenhire v. Manville (10th Circuit, February 7, 2018) (affirming summary judgment in favor of Manville on Gardenhire’s ADA claims (Manville made reasonable accommodations) and his FMLA claims for retaliation (lack of causation), interference (none with his FMLA rights), and Title VII racial discrimination (white employees were not similarly situated)) Workers Compensation/Occupational Safety and Disease Spring Creek […]
ERISAMedina v. Catholic Health Initiatives (10th Cir., December 19, 2017) (affirming summary judgment in favor of Catholic Health: ERISA’s church-plan exemption does not fall foul of the Establishment Clause)Discrimination/Retaliation *Jones v. Berryhill (10th Cir., December 21, 2017) (affirming denial of disability benefits: any step-four error wsa harmless)*Montano v. Brennan (10th Cir., December 20, 2017) (affirming […]
Discrimination/Retaliation *Espinoza-Horiuchi v. Walmart Stores, Inc. (10th Cir., May 22, 2017) (dismissing appeal of summary judgment for lack of jurisdiction, and affirming the district court’s bill of costs)*Iselin v. Bama Companies (10th Cir., May 26, 2017) (reversing dismissal of claims for discriminatory termination, failure to hire, and failure to accommodate, but affirming dismissal of misuse-of-employment-testing claim: […]
