Workers Compensation/Occupational Safety and Disease Rojas v. Utah Labor Commission (Utah Ct. App., November 16., 2017) (leaving undisturbed the Labor Commission’s decision denying Rojas a 15% increase in disability compensation because his workplace injury didn’t occur because of a willful safety violation by his employer)
Contract/Noncompete/Trade Secret/Wrongful Termination First Western Capital Management Co. v. Malamed (10th Cir., October 30, 2017) (reversing grant of preliminary injunction: First Western should have been required to demonstrate irreparable harm from alleged misappropriation of trade secrets;because it could not, the preliminary injunction was unwarranted.) Discrimination/Retaliation *Johnston v. Hunter Douglas Window Fashions, Inc. (10th Cir., November 2, […]
Discrimination/Retaliation*Garcia v. City of Farmington (10th Cir., October 20, 2017) (affirming summary judgment in favor of Farmington: Garcia’s characterization of Farmington’s perception of her cannot support liability for either discrimination or retaliation)ERISAOwings v. United of Omaha (10th Cir., October 17, 2017) (reversing summary judgment in favor of United, which was arbitrary and capricious in determining the date […]
Discrimination/Retaliation*Barrington v. United Airlines, Inc. (10th Cir., October 4, 2017) (reversing verdict in favor of United because the court erroneously failed to instruct the jury on pretext, which a reasonable jury could have found based on the evidence)Workers Compensation/Occupational Safety and Disease*White v. Berryhill (10th Cir., October 4, 2017) (affirming denial of disability benefits: substantial […]
Discrimination/Retaliation *Brown v. LaFerry’s LP Gas Co., Inc. (10th Cir., September 19, 2017) (affirming dismissal, for failure to state a claim, of Brown’s racial discrimination and retaliation claims under Title VII of the Civil Rights Act: his coworkers refusal to speak to him did not, in the court’s opinion, create a hostile work environment or […]
Discrimination/RetaliationSanchez v. US Department of Energy (10th Circuit, September 11, 2017) (vacating judgment on the pleadings as to Sanchez’s failure-to-accommodate claim, based on his dismissal because his Mixed Receptive-Expressive Language Disorder was a threat to national security. But the court affirmed the dismissal of his retaliation, disparate treatment, and procedural due process claims)Wages*Jimenez and Bustillos v. Board […]
Discrimination/Retaliation EEOC v. College America Denver, Inc. (10th Cir., September 5, 2017) (reversing dismissal as moot of unlawful-interference claim) Workers Compensation/Occupational Safety and Disease Par Electrical v. Labor Commission (Utah Ct. App., September 8, 2017) (declining to disturb Commission affirmance of ALJ order awarding disability compensation under the Workers’ Compensation Act for 2006 work accident: […]
Discrimination/Retaliation*Coyle v. Jackson (10th Cir., July 27, 2017) (affirming dismissal for failure to comply with FRCP Rule 8: plaintiff failed to allege specific in support of his discrimination claims) Workers Compensation/Occupational Safety and Disease Quast v. Utah Labor Commission (Utah, July 25, 2017) (reversing award of total disability because the Court of Appeals misstated the […]
Discrimination/Retaliation *Herrera v. Las Cruces Public Schools (10th Cir., June 13, 2017) (affirming dismissal of Herrera’s disability discrimination and retaliatory discharge claims as untimely: “date of service” is the date of mailing, not receipt) *Jones v. Price (10th Cir., June 13, 2017) (affirming summary judgment in favor of Price, the Secretary of Health & Human […]
Discrimination/Retaliation *Yinger v. Postal Presort, Inc. (10th Cir., June 9, 2017) (reversing and remanding summary judgment against Yinger on his disability discrimination and retaliatory discharge claims) *Pittman v. American Airlines, Inc. (10th Cir., June 8, 2017) (affirming summary judgment in favor of American Airlines on Pittman’s race and disability discrimination and retaliation because she failed […]
