Discrimination ~ Retaliation
*Lister v. Western Industries Corporation (10th Cir., July 19, 2021) (affirming summary judgment in favor of Western Industries on Lister’s claim of racial discrimination: Western’s stated reason for terminating Lister—violation of safety protocol—was not pretextual)
Public Employers/Employees
*Blackburn v. U.S. (10th Cir., July 19, 2021) (reversing dismissal of the Blackburns’ negligent performance claim in connection with their sexual abuse claims: although sovereign immunity is not waived for assault and battery claims, there is an exception for such claims arising out of medical negligence. The Blackburns’ other claims were barred by sovereing immunity)
Workers Compensation ~ Occupational Safety and Disease
Graphic Packaging v. Labor Commission (Utah Ct. App., July 22, 2021) (affirming Commission decision awarding temporary total workers compensation benefits: the Commission did not abuse its discretion in appointing a second medical Panel, and substantial evidence supported its conclusion that Torres reasonably refused his employer’s light-duty work offer)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
