Cases — June 11th through 17th

*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 Services, because Jones failed to establish any violation of the Age Discrimination in Employment Act)

Depaula v. Easter Seals El Mirador (10th Cir., June 12, 2017) (affirming summary judgment in favor of Easter Seals because Depaula could not show any pretext in support of his employment discrimination claims)

ERISA and Employee Pension Plans


Ostler v. Retirement Board (Utah Ct. App., June 15, 2017) (declining to disturb the board’s decision declining pension benefits because Ostler forfeited 15 years of credit when he elected to receive a refund of his member contributions)

Workers Compensation/Occupational Safety and Disease

*Martinez v. Berryhill (10th Cir., June 14, 2017) (reversing and remanding denial of law firm’s motion for reconsideration of Judge’s Order requiring it to refund Equal Access to Justice Act fees)

*Lopez v. Berryhill (10th Cir., June 13, 2017) (affirming denial of Lopez’s fee application under the Equal Access to Justice Act following his successful appeal; the decision appealed from, however, was substantially justified despite its being wrong)

*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 estoppel. They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1.