Cases — April 23rd through 29th

admin - May 3, 2017 - Discrimination, Retaliation, Tenth Circuit, Utah Supreme Court, Whistleblower Protection, Workers Compensation

Discrimination/Retaliation

*Craine v. National Science Foundation (10th Cir., April 26, 2017) (denying Craine’s petition for review: his disclosures, as a former employee of Kansas State University, did not fall within the whistleblower protections of 41 U.S.C. ss. 4712)

*Jackson v. The Education and Employment Ministry (10th Cir., April 27, 2017) (affirming summary judgment in favor of Education and Employment because the plaintiffs failed to present more than conjecture to support their claim of pretext, could not show breach of contract, and adduced no evidence of a breach of fiduciary duty)

Workers Compensation/Occupational Safety and Disease

Truck Insurance Exchange v. Rutherford (Utah, April 27, 2017) (reversing summary judgment for Rutherford under Utah Code ss. 31A-22-305.3, which appears to permit double recovery: as a secondary insurer, Truck Insurance Exchange must fully compensate its insured within its policy limits, but only for damages in excess of workers‘ compensation)

*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.