Cases — December 12th through 18th, 2021

Discrimination~Retaliation

*Flores v. City of Farmington (10th Cir., December 13, 2021) (affirming judgment on the pleadings and summary judgment in favor of Farmington on the plaintiffs’ claims of First-Amendment free-speech retaliation and religious discrimination: because the first defendant’s speech was made pursuant to his official duties, it did not enjoy First-Amendment protection; the second defendant’s lack of advancement was demonstrably not punishment for his religious speech; finally, plaintiffs could not establish pretext on Farmington’s part)

Miscellaneous

*Lee v. No Named Defendant (10th Cir., December 14, 2021) (affirming dismissal of Lee’s claims (ostensibly against her former employer, Target Corporation): Lee originally filed a letter with multiple attachments but did not submit the documents ordered by the district court; on appeal, Lee failed to present a single appellate issue)

Wages

*Higgins v. REV Group, Inc. (10th Cir., December 14, 2021) (affirming summary judgment in favor of REV on plaintiffs’ claims for unpaid bonuses, unpaid severance pay, and violation of the Kansas Wage Payment Act: the bonuses complained about had not accrued and the time of severance and were conditioned on their still being employed by REV; plaintiffs could present no evidence of any agreement or policy regarding severance pay; and they were not owed any earned wages)

Workers Compensation~Occupational Safety & Disease

Price v. Labor Commission (Utah Ct. App., December 16, 2021) (affirming Commission dismissal of Price’s 2020 claim seeking greater compensatory payments than those she agreed to in her 1997 settlement agreement regarding her partial total disability claim)

Zepeda v. Labor Commission (Utah Ct. App., December 16, 2021) (affirming Commission denial of temporary and permanent total disability compensation: there was no error in the Commission’s legal determinations, and its factual findings were supported by substantial evidence)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.