Discrimination ~ Retaliation
Marks v. Colorado Department of Corrections (10th Cir., May 12, 2020) (reversing summary judgment in favor of the Department of Corrections on Marks’s claims under the Rehabilitation Act and the ADA: the defendants receive federal funding and could reasonably be held liable for the discrimination)
ERISA
Ellis v. Liberty Life Assurance Company (10th Cir., May 13, 2020) (reversing district court’s judgment in favor of Ellis on his disability claim under ERISA: ERISA’s uniformity and efficiency objectives require that the choice-of-law in the policy at issue should control; under Pennsylvania law, Liberty should prevail)
Public Employers/Employees
*Pinedo v. United States (10th Cir., May 12, 2020) (affirming denial of Westfall petition seeking to substitute the US government as a party defendant in place of an immigration agent who unjustifiably injured a detainee: the agent was acting outside the scope of his employment, and was not entitled to the Westfall Act’s absolute immunity from common-law tort claims)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
