Cases — October 25th through 31st

admin - November 1, 2015 - False Claims, Fraud, Hostile Work Environment, Overpayment Penalty, Procedure, Retaliation, Tenth Circuit, Unemployment, Unemployment Compensation, Utah Court of Appeals

Discrimination & Retaliation

*McElroy v. American Family Insurance (10th Cir., October 30, 2015) (affirming summary judgment in favor of defendant on McElroy’s hostile work environment and retaliation claims)

False Claims

*Troxler v. Warren Clinic, Inc. (10th Cir.,October 28, 2015) (affirming dismissal of qui tam claim of fraudulent billing under Rule 12(b)(6))

Miscellaneous

*Peavy v. Labor Source, LLC (10th Cir., October 27, 2015)(declining to decide whether Kansas law permits an employer to condition paymentof wages, because merely including an issue in a list is not adequatebriefing)

Unemployment Appeals

Gregory v. Department of Workforce Services (Utah Ct. App., October 29, 2015) (declining to disturb the Workforce Appeals Board decision denying unemployment benefits and imposing a fraud overpayment penalty due to Curtis’s failure to participate in hearings or provide proper evidence)

*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for persuasive value under Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.