Cases — August 23rd through 29th

admin - October 8, 2015 - Americans with Disabilities Act (ADA), Disability, Discrimination, Procedure, Retaliation, Tenth Circuit, Utah Court of Appeals, Utah Supreme Court, Workers Compensation

Discrimination & Retaliation

Osborne v. Baxter Healthcare Corporation (10th Cir.,August 24, 2015) (reversing summary judgement in favor of Baxter Healthcare because there remains a genuine issue of material fact as to Osborne’s ability to perform the work at issue)

*Macias v. Southwest Cheese Company, LLC (10th Cir.,August 24, 2015) (reversing summary judgement for Southwest Cheese on Macias’claim of hostile work environment and remanding for trial)

*Villamar v. Lincare, Inc. (10th Cir.,August 26, 2015) (affirming summary judgement in favor of Lincare on Villamar’s claim of hostile work environment and retaliation.)

Miscellaneous

Cundey v. Department of Workforce Services (Utah Ct. App., August 27, 2015) (declining to disturb determination that Cundy had no good cause for the late filing of his appeal)

Workers’ Compensation

Washington County School District v. Labor Commission (Utah S.Ct., August 25, 2015) (clarifying the causal standard of the direct-and-natural-results test: recovery requires primary, workplace injury to be a significant contributing cause of subsequent, non-workplace injury)

*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.