Retirement, ERISA and Employee Pension PlansHackford v. Utah State Retirement Board (Utah Ct. App., November 16, 2018) (declining to disturb the Board’s decision that Hackford’s early retirement is subject to the early retirement reduction)Workers Compensation*Lauer v. Commissioner (10th Cir., November 14, 2018) (reversing denial of disability benefits: the ALJ failed to properly take into account Lauer’s […]
Discrimination/Retaliation *Palmer v. Kaiser Foundation Hospitals (10th Cir., October 18, 2018) (affirming summary judgment in favor of Kaiser on Palmer’s race discrimination, retaliation, and hostile work environment claims: the differences in job descriptions raised created no issues of fact) Workers Compensation/Occupational Safety and Disease *Praytor v. Commissioner (10th Cir., October 19, 2018) (reversing denial of […]
Discrimination/Retaliation Payan v. United Parcel Service (10th Cir., October 4, 2018) (affirming summary judgment in favor of UPS on Payan’s racial discrimination and breach of both contract and the covenant of good faith and fair dealing: critical elements were missing from each claim)*Jara v. Standard Parking (10th Cir., October 2, 2018) (affirming dismissal of discrimination claim […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Johns Manville Corporation v. Knauf Insulation, LLC (10th Cir., September 5, 2018) (affirming denial of Manville’s motion for a new trial on its trade secrets claim—lengthy procedural discussion) Miscellaneous Kyco Services, LLC, v. Department of Workforce Services (Utah Ct. App., September 7, 2018) (affirming, as supported by substantial evidence, determination that Kyco failed […]
Discrimination/Retaliation*Salemi v. Colorado Public Employees’ Retirement Association (10th Cir., August 17, 2018) (affirming summary judgment for the Association as to Salemi’s discrimination and retaliation claims under under Title VII, § 1981, the First Amendment, and the FMLA)*McFarland v. City and County of Denver (10th Cir., August 17, 2018) (affirming summary judgment for Denver on McFarland’s failure-to-accommodate claim)Wages*Acosta v. […]
Discrimination/Retaliation*Muller v. Perdue (10th Cir., August 1, 2018) (affirming dismissal of retaliation and defamation claims: the court below did not abuse its discretion)*Williams v. SKF USA, Inc. (10th Cir., August 1,2018) (affirming final judgment against him on his hostile-work-environment claims: there is no basis for reversal)Workers Compensation/Occupational Safety and Disease*Otero v. Commissioner, SSA (10th Cir., August […]
Discrimination/Retaliation *Mielnicki v. Wal-Mart Stores, Inc. (10th Cir., June 20, 2018) (affirming summary judgment in favor of Wal-Mart on ADA claim: she failed to raise an issue of material fact as to her ability as a maintenance associate)ERISA and Employee Pension Plans Wisconsin Central Ltd., et al., v. United States (U.S., June 21, 2018) (reversing […]
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 […]
Workers Compensation/Occupational Safety and Disease*Streeter v. Berryhill (10th Cir., February 2, 2018) (affirming denial of disability benefits: Streeter failed to assert any factual or legal challengeto the decision)*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral […]
Contract/Noncompete/Trade Secret/Wrongful Termination*Pliuskaitis v. USA Swimming (10th Cir., January 2, 2018) (affirming dismissal of Pliuskaitis’s damages claims for lack of subject matter jurisdiction: he failed to challenge the arbitrator’s denial of damages)Discrimination/Retaliation*Black v. Larimer (10th Cir., January 3, 2018) (affirming dismissal for Black’s failure to prosecute her sexual harassment claim)ERISAVan Steen v. Life Insurance Company […]
