Discrimination ~ Retaliation
*Fuller v. Kansas Department of Children and Families (10th Cir., March 30, 2020) (affirming dismissal and summary judgment in favor of Kansas on Fuller’s race, sex, and age discrimination claims: her challenges to the district court’s orders were either waived or meritless)
Graham v. Albertson’s, LLC (Utah, March 31, 2020) (reversing partial summary judgment in favor of Albertson’s on Graham’s wrongful termination claim: the Utah Occupational Safety and Health Act (UOSHA) contains no exclusive remedy provision, and shows no legislative intent to preempt common law causes of action)
ERISA and Employee Pension Plans
Kientz v. Commissioner, SSA (10th Cir., April 1, 2020) (affirming district court and SSA determination that Kientz’s retirement benefits are subject to the Windfall Elimination Provision since his civil service pension payments from his employment as a dual status technician were not based wholly on service as a member of a uniformed service)
*O. v. Anthem Blue Cross Life (10th Cir., April 3, 2020) (affirming determination that O’s ERISA-governed plan was not required to cover O’s daughter’s psychiatric treatment: the plan gave discretion to Anthem to deny coverage unless its denial was arbitrary and capricious)
Worker’s Compensation ~ Occupational Safety and Disease
Fastenal v. Labor Commission (Utah Ct. App., April 2, 2020) (declining to disturb Commission determination of legal causation of injury, and there was not violation of due process)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
