Cases — April 19th through 25th, 2020

Discrimination~Retaliation

*Benjamin v. Board of Trustees (10th Cir., April 24, 2020) (reversing summary judgment against Benjamin: he produced sufficient evidence—
though far from conclusive—to raise an issue of material fact)

*Cai v. Huntsman Corporation (10th Cir., April 20, 2020) (affirming judgment on the pleadings in favor of Huntsman on Cai’s breach of contract retaliation claim: Cai was not employed by Huntsman, and he was fired for incompetence, not in retaliation for abusive conduct)

*Hall v. Planet Fitness (10th Cir., April 20, 2020) (affirming dismissal of Hall’s religious discrimination claim for failure to serve defendants)

*Seastrand v. U.S. Bank (10th Cir., April 20, 2020) (affirming summary judgment against Seastrand’s age-discrimination claim: the evidence shows Seastrand was fired for cause; there is no convincing evidence of prevarication or pretext)

Labor Unions

United Government Security v. American Eagle Protective (10th Cir., April 21, 2020) (affirming summary judgment in favor of American Eagle on the Union’s collective bargaining claim: the NLRA’s six-month statute of limitations barred the Union’s claim for declaratory relief and to compel arbitration)

Public Employers ~ Employees

*Wexler v. United States (10th Cir., April 24, 2020) (affirming dismissal for lack of jurisdiction: the Federal Tort Claims Act does not apply to claims based on discretionary acts by a government employee, such as seeking a second opinion as to continued entitlement to benefits under the Federal Employees Compensation Act)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.