Discrimination/Retaliation *Espinoza-Horiuchi v. Walmart Stores, Inc. (10th Cir., May 22, 2017) (dismissing appeal of summary judgment for lack of jurisdiction, and affirming the district court’s bill of costs)*Iselin v. Bama Companies (10th Cir., May 26, 2017) (reversing dismissal of claims for discriminatory termination, failure to hire, and failure to accommodate, but affirming dismissal of misuse-of-employment-testing claim: […]
Discrimination/Retaliation*Russell v. Phillips 66 Company (10th Cir., May 4, 2017) (affirming dismissal of discrimination claim under the ADA because Russell failed even to establish his prima facie case)MiscellaneousEdwards v. Carey (Utah Ct. App., May 4, 2017) (affirming denial of motion to arbitrate: Edwards’ claims did not implicate the parties’ employment agreements)Workers Compensation/Occupational Safety and Disease*Allen v. […]
Labor Unions*Society of Prof’l Eng’g Employees in Aerospace v. Spirit Aerosystems, Inc. (10th Cir., 15 March 2017) (reversing summary judgment in favor of Spirit Aerosystems: an individual employee’s grievance (challenging company-wide policy) was in fact subject to arbitration under the parties’ collective bargaining agreement)Workers Compensation/Occupational Safety and Disease *Williams v. Berryhill (10th Cir., March 17, 2017) (reversing Commissioner denial […]
Discrimination/RetaliationEEOC v. Tricore Reference Laboratories (10th Cir., February 27, 2017) (affirming federal district court refusal to enforce a subpoena seeking disclosure of information as to individual’s charge of disability and pregnancy discrimination)Workers Compensation/Occupational Safety and DiseaseVallejo v. Berryhill (10th Cir., February 28, 2017) (remanding disability decision to the district court to address remaining arguments and […]
Discrimination/RetaliationWilliams v. FEDEX Corporate Services (10th Cir., February 24, 2017) (affirming summary judgment for FEDEX on Williams’s regarded-as-disabled claim, but reversing and remanding his disability-related inquiry claim for district court decision) ERISA and Employee Pension PlansKeller Tank Services II, Inc., v. Commissioner of Internal Revenue (10th Cir., February 21, 2017) (affirming summary judgment against Keller […]
Workers Compensation/Occupational Safety and Disease*Covington v. Colvin (10th Cir., February 2, 2017) (affirming denial of disability insurance and supplemental security benefits: Covington failed to show she was disabled)*Rael v. Berryhill (10th Cir., February 3, 2017) (affirming denial of disability because substantial evidence supported theALJ’s decision, and there was no legal error)Contract/Noncompete/Trade Secret/Wrongful Termination*Branham v. Delta […]
Discrimination/Retaliation *Johnson v. Oklahoma Department of Transportation (10th Cir., January 27, 2017) (affirming denial of 60(b) motion for relief from judgement, the purpose of which is not to relitigate the underlying case) *Cvancara v. Reams (10th Cir., January 23, 2017) (affirming summary judgment on Cvancara’s first-amendment retaliation claim, because she was merely airing personal grievances) Public Employers/Employees […]
Discrimination/Retaliation*Stapp v. Curry County Board of Commissioners (10th Cir., December 6, 2016) (affirming summary judgement for Curry County on Stapp’s Age Discrimination claims: constructive discharge, hostile work environment, and retaliation)*Dye v. Moniz (10th Cir., December 6, 2016) (affirming summary judgment in favor of Moniz on Dye’s disability discrimination and hostile work environment claims because the undisputed […]
Discrimination/Retaliation *Gaige v. SAIA Motor Freight Line, LLC (10th Cir., November 29, 2016) (affirming denial of Gaige’s motion for new trial: lower court was within its discretion in finding that the proposed evidence’s unfair prejudice substantially outweighed its probative value) Workers Compensation/Occupational Safety and Disease*Patterson v. Colvin (10th Cir., November 30, 2016) (affirming denial of […]
WagesSharp v. CGG Land (U.S.), Inc. (10th Cir., November 4, 2016) (affirming exclusion of meal allowance from time-and-a-half overtime calculation)Workers Compensation/Occupational Safety and DiseasePetersen v. Labor Commission (Utah Ct. App., November 3, 2016) (affirming commission determination that surgeries were unnecessary and thus incompensable)*Paulsen v. Colvin (10th Cir., November 1, 2016) (affirming denial of disability benefits […]
