ERISA
*Weiss v. Banner Health (10th Cir., February 9, 2021) (affirming denial of her request for pre-authorization of knee surgery: Weiss did not show that Banner’s plan administrator abused its discretion)
Miscellaneous
*Livingstone v. University of Kansas Hospital Authority (10th Cir., February 11, 2021) (affirming lower court’s disallowing leave to amend response brief: Livingstone sought to amend her response brief when the reply deadline was only four days away: inadvertence or lack of knowledge doesn’t constitute excusable neglect)
Wages
*Kennett v. Bayada Home Health Care, Inc. (10th Cir., February 9, 2021) (reversing summary judgment in favor of Kennett on her companionship-exemption claim regarding overtime wages: pursuant to Jordan v. Maxim Healthcare Services, Inc. (10th Cir., February 19, 2020) (950 F.3d 724, 731),are Services, Inc., the companionship exemption applies to all companions—including those employed by third-party employers. As a result, Kennett and her fellow class members are not entitled to overtime wages under Colorado law)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
