Discrimination ~ Retaliation
Equal Employment Opportunity Commission v. Roark-Whitten Hospitality 2, LP (10th Cir., March 10, 2022) (among other things, reversing compensatory damages award against Roark-Whitten on the EEOC’s claims against it for unlawful employment practices: the district court failed to explain why it ordered compensatory damages in the amount of only $35,000 despite the EEOC claim for $500,000; lengthy discussion of successor liability under Title VII)
Miscellaneous
*Pauna v. Swift Transportation Co. of Arizona LLC (10th Cir., March 11, 2022) (affirming summary judgment in favor of Swift on Pauna’s claims for vicarious liability, negligent hiring, supervision, and retention in connection with assault on Pauna by Brownell, a Swift employee: Brownell was not acting within the scope of his employment and his criminal history was insufficient to put Swift on notice that he posed a danger to the public)
Stein Eriksen Lodge Owners Assoc. Inc. v. MX Technologies (Utah Ct. App., March 10, 2022) (vacating summary judgment in favor of Stein Eriksen: Issues of fact precluded summary judgment as to whether MX’s events manager had actual or apparent authority to bind MX to contracts with Stein Eriksen)
Workers Compensation ~ Occupational Safety and Disease
Martin v. Department of Workforce Services (Utah Ct. App., March 10, 2022) (declining to disturb Workforce Services Board’s denial of benefits to Martin under Utah’s Pandemic Unemployment Assistance Act: Martin did not demonstrate that his loss of income from fewer students taking his class was a direct result of COVID-19)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
