Cases — January 17th through 23rd

DiscriminationL’Ggrke v. Asset Plus Corporation (10th Cir., January 20, 2016) (affirming dismissal of L’Ggrke’s employment discrimination complaint for failure to prosecute)ERISAMontanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan (U.S., January 20, 2016) (reversing an 11th-Circuit decision holding that when an ERISA-plan participant wholly dissipates a third-party settlement on nontraceable items, the plan […]

Read More

Cases — November 29th through December 5th

Discrimination / Retaliation *Morman v. Campbell County Memorial Hospital (10th Cir., December 2, 2015) (failure to plead plausible gender-discrimination claim, and defendants are individually entitled to qualified immunity) Labor Unions *International Union of Operating Engineers, Local 627 v. NLRB (10th Cir., December 3, 2015) (affirming NLRB finding that the union violated the National Labor Relations […]

Read More

Cases — March 15th through 21st

Discrimination EEOC v. Beverage Distributors Company, LLC (10th Cir., March 16, 2015) (discrimination claim by blind employee; reversing based on district court’s erroneous direct threat instruction) Jones v. McHugh, Secretary of the Army (10th Cir., March 16, 2015) (affirming summary judgement against Jones in the absence of evidence of improper motive)  Contract Andersen v. Department […]

Read More

Cases November 10 through 22

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 […]

Read More

Cases for the week of October 19th

Mendez v. Colvin, Acting Commissioner (10th Cir., October 21, 2014) (affirming denial of benefits) Silva v. Colvin, Acting Commissioner (10th Cir., October 21, 2014) (affirming denial of social security benefits: res judicata, no due process violation for notice in English without Spanish translation)Sumrall v. Merit Systems Protection Board (10th Cir., October 23, 2014) (affirming dismissal […]

Read More

Cases September 8th–21st

Juarez-Galvan v. United Parcel Service, Inc. (10th Cir.,September 17, 2014) (upholding dismissal of employment discrimination and work environment claims because they should have been included in Juarez-Galvan I(Juarez-Galvan v. United Parcel Service, Inc. (10th Cir., July 22, 2014),below)) Olson v. Department of Workforce Service (Utah Ct. App., September 11, 2014) (upholding denial of benefits in […]

Read More