Cases — July 25th through 31st, 2021

Discrimination ~ Retaliation

Duda v. Elder (10th Cir., July 27, 2021) (affirming denial of qualified immunity to Sheriff Elder on Duda’s retaliation claim: the sheriff fired Deputy Duda for violating “a neutral policy prohibiting on-duty political activity,” but he did not apply it neutrally: he allowed political activity in his favor but fired Duda when he challenged the sheriff’s reelection and revealed misconduct at the sheriff’s office, thus violating Duda’s first amendment rights)

ERISA and Employee Pension Plans

Obeslo v. Great-West Life & Annuity Insurance Co. (10th Cir., July 26, 2021) (affirming judgment in favor of defendants on Plaintiffs’ claim that defendants breached their fiduciary duties by collecting excessive compensation from the assets of the plaintiffs’ employer-sponsored retirement plans)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.