February 12th through 18th

Discrimination/Retaliation

*Chaney v. Wal-Mart Stores, Inc. (10th Cir., February 14, 2017) (affirming dismissal with prejudice for failure to file amended complaint because there was no abuse of discretion, and claims of potential bias were entirely speculative)

*Huggins v. Reilly (10th Cir., February 15, 2017) (affirming summary judgment in favor of defendant on inmate Huggins’ s.1983 discrimination and retaliation employment claims, because he failed to exhaust his administrative remedies)

*Sanchez v. Brennan (10th Cir., February 14, 2017) (affirming dismissal of complaint for lack of jurisdiction because Sanchez failed to exhaust his administrative remedies)

Miscellaneous


*BNSF Railway Company v. C.A.T. Construction, Inc. (10th Cir., February 13, 2017) (affirming denial of motion for judgment as a matter of law because even assuming employee’s negligence, causation remains a question of fact for the jury)

Workers Compensation/Occupational Safety and Disease

Brown v. Williams (Utah Ct. App., February 16, 2017) (affirming summary judgment in favor of Williams: 
there were no material facts at issue; the court below correctly applied workers’ compensation law; and such benefits were Brown’s exclusive remedy. This case also adopts the “parking lot rule” that a parking lot used by employees is part of the employer’s premises)

*Johnson v. Berryhill (10th Cir., February 15, 2017) (affiming denial of disability benefits because Johnson still retained the residual functional capacity for limited sedentary work)

*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.