Disability – Page 11

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 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 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 […]

Cases — March 1st through 7th

admin - March 9, 2015 - Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Disability, Discrimination, Fair Labor Standards Act (FLSA), Government Employees, Overtime, Tenth Circuit

Discrimination/Retaliation McDonald v. The Boeing Company (10thCir., March 3, 2015) (affirming summary judgment in favor of Boeing becauseMcDonald could show no pretext for his termination) McCauley v. Board of Commissioners forBernalillo County (10th Cir., March 2, 2015) (affirming summaryjudgment on age discrimination and retaliation claims) Wages Ellis v. J.R.’s Country Stores, Inc. (10th Cir., March […]

Cases — February 22nd through 28th

admin - February 28, 2015 - Age Discrimination in Employment Act (ADEA), Disability, Discrimination, First Amendment, FMLA, Government Employer, Retaliation, Tenth Circuit, Utah Court of Appeals, Workers Compensation

Public Employees Seifert v. Unified Government of Wyandotte County, Kansas (10th Cir., February 27, 2015) (affirming in part and reversing in part conclusions as to plaintiff’s testimony against public officers and potentially pretextual reasons for his dismissal and mistreatment) Discrimination/Retaliation Tadlock v. Marshall County HMA, LLC (10th Cir., February 25, 2015) (reversing summary judgment in […]

Cases — February 15th through 21st

admin - February 21, 2015 - Disability, Tenth Circuit

Burrell v. Colvin (10th Cir., February 18, 2015) (affirming denial of disability and supplemental security income benefits)