Workers Compensation ~ Occupational Safety and Disease *Castille v. Commissioner, SSA (10th Cir., June 10, 2020) (affirming denial of disability benefits and social security income: there was no error in the ALJ’s decision that Castille was not disabled) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the […]
Workers Compensation ~ Occupational Safety and Disease Oceguera v. Labor Commission (Utah Ct. App., May 29, 2020) (setting aside Commission Appeals Board denial of total disability benefits: Oceguera had to satisfy higher standard, but she did so: she established that her workplace activity was the legal cause of her injury)
Defamation *Quigley v. Sporting Kansas City Soccer Club (10th Cir., March 25, 2020) (affirming dismissal of Quigley’s claims under FRCP 12(h)(3): Quigley raised only state-law claims, and there was insufficient diversity for jurisdiction) Discrimination and Retaliation *Zu v. Avalon Health Care, Inc. (10th Cir., March 23, 2020) (affirming summary judgment in favor of Avalon: Zu […]
Discrimination ~ Retaliation *Brown v. Keystone Learning Services (10th Cir., February 11, 2020) (affirming summary judgment in favor of Keystone: Brown could not show pretext on his discrimination claim, nor could he show even a prima facie case of retaliation) *Mohn v. Progressive Insurance (10th Cir., February 10, 2020) (affirming summary judgment in favor of […]
Contract ~ Noncompete ~ Trade-Secret ~ Wrongful Termination Heartwood Home v. Huber (Utah Ct. App., January 24, 2020) (affirming summary judgment in favor of defendants: Heartwood failed to include the contract in the record; nor did it carry its burden of persuasion on its claims for breach of confidentiality and loyalty) Workers Compensation ~ Occupational […]
ERISA & Employee Pension Plans Retirement Plans Committee of IBM v. Jander (U.S., January 14, 2020) (vacating judgment below and remanding for the 2nd Circuit to address arguments not addressed below regarding ERISA fiduciaries duty of prudence) Worker’ Compensation ~ Occupational Safety and Disease *Gutierrez v. Commissioner (10th Cir., January 13, 2020) (affirming decision below […]
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 […]
Discrimination / Retaliation *Mestas v. Town of Evansville (10th Cir., September 6, 2019) (reversing summary judgment in favor of Evansville on Mestas’ ADA and Title VII hostile work environment and retaliation claims: genuine issues of material fact preclude summary judgment) Workers Compensation ~ Occupational Safety & Disease *Guice v. Commissioner (10th Cir., September 5, 2019) […]
Defamation *Williams v. United States (10th Cir., August 28, 2019) (affirming dismissal of defamation claim and Bivens action) Discrimination ~ Retaliation Singh v. Cordle (10th Cir., August 28, 2019) (reversing denial of summary judgment in favor of Cordle on First Amendment retaliation claim, but affirming on remaining claims) Public Employers ~ Employees *Alcorn v. La […]
Discrimination/Retaliation *Vazirabadi v. Denver Health and Hospital Authority (10th Cir., August 2, 2019) (affirming summary judgment against Vazirabadi on his age- and national-origin-discrimination claims: Vazirabadi did not support his age-discrimination claim, and he could not show pretext on his national-origin claim) Miscellaneous *Nasuti v. Whole Foods Market (10th Cir., August 2, 2019) (affirming dismissal of […]
