Workers Compensation Provo City v. Utah Labor Commission & Duane Serrano (Utah, February 6, 2015) (affirming respondent’s permanent total disability)Tarpley v. Colvin (10th Cir., February 4, 2015) (affirming denial of disability benefits) Discrimination and Retaliation Bejar v. McDonald (10th Cir., February 3, 2015) (“a mere inconvenience or an alteration of job responsibilities [is not] an […]
Ragsdell v. Regional Housing Alliance of la Plata County(10th Cir., January 16, 2015) (overturning denial of summary judgment and recognizing a right to qualified immunity because there is no clearly established constitutional right to accommodation for disabled employees) Davis v. James (10th Cir., January 15, 2015) (affirming grant of summary judgment in favor of James […]
Discrimination Brainerd v. Schlumberger Technology Corporation (10th Cir., January 10, 2014) (affirming summary judgment in favor of Schlumberger, but disagreeing with the lower court’s rationale) Disability Carter v. Colvin (10th Cir., January 9, 2015) (rejecting challenge to termination of disability benefits upon termination of disability)
Contract Tomlinson v. NCR Corporation (Utah, November 25, 2014 ) (reversing Court of Appeals determination that NCR’s corporate management policy manual established an implied-in-fact contract (rebutting Tomlinson’s status as an at-will employee); no implied covenant where no contract exists) Discrimination Melin v. Verizon Business, Inc. (10th Cir., November 25, 2014) (upholding summary judgement in favor […]
Johnson v. City of Shelby, Mississippi (U.S., November 10, 2014) (summarily reversing summary judgment based upon petitioners’ failure to invoke 42 USC 1983 in their complaint, citing the federal rules’ short, plain statement language) Alarid v. Colvin, Acting Commissioner (10th Cir., November 21, 2014) (affirming denial of social security benefits despite severe impairments, as Alarid […]
Giles v. Mineral Resources International, Inc. (Utah Ct. App., October 30, 2014) (breach of fiduciary duty based upon covenant not to compete) Moffett v. Colvin, Acting Commissioner (10th Cir., October 30, 2014) (affirming denial of application for disability insurance benefits) Hutchins v. Cessna Aircraft Company (10th Cir., October 30, 2014) (affirming summary judgement in favor […]
Dumas v. Colvin, Acting Commissioner (10th Cir., September 29, 2014) (affirming denial of social security benefits). Hansen v. Department of Workforce Services (Utah Ct. App., October 2, 2014) (reversing & remanding denial of benefits based on ineligibility for the training exemption). Lammle v. Ball Aerospace & Technologies Corporation (10th Cir., September 30, 2014) (affirming denial […]
The following cases affecting Utah employment law were released during the week of August 11th:Utah Court of Appeals: Prows v. Labor Commission (Utah Ct. App., August 14, 2014) (declining, on the bases of what the definition of “is” is, to disturb refusal to find gainfully employed petitioner permanently and totally disabled)Tenth Circuit Court of Appeals: […]
BLAUER v. DEPARTMENT OF WORKFORCE SERVICES 2014 UT App. 100 (Utah Ct. App., May 1, 2014) When [ironies] come, they come not single spies, but in battalions. — Paraphrasing Hamlet IV.v The Department of Workforce Services, charged with administering Utah employment law, fired Blauer, its legal counsel, for rejecting its proposed accommodations to his […]
In EEOC v. C.R. England, Inc., the 10th Circuit Court of Appeals affirmed the dismissal of a case brought by an HIV-positive truck driver. The truck driver, who had been hired to train new truck drivers for C.R. England, Inc., disclosed his HIV-positive status to C.R. England. After doing so, C.R. England prepared a form that […]
