Cases — September 30th through October 6th, 2018
Discrimination/Retaliation
Payan v. United Parcel Service (10th Cir., October 4, 2018) (affirming summary judgment in favor of UPS on Payan’s racial discrimination and breach of both contract and the covenant of good faith and fair dealing: critical elements were missing from each claim)
*Jara v. Standard Parking (10th Cir., October 2, 2018) (affirming dismissal of discrimination claim on claim- and issue-preclusion grounds)
Payan v. United Parcel Service (10th Cir., October 4, 2018) (affirming summary judgment in favor of UPS on Payan’s racial discrimination and breach of both contract and the covenant of good faith and fair dealing: critical elements were missing from each claim)
*Jara v. Standard Parking (10th Cir., October 2, 2018) (affirming dismissal of discrimination claim on claim- and issue-preclusion grounds)
Miscellaneous
Acosta v. Jani-King of Oklahoma, Inc. (10th Cir., October 3, 2018) (reversing 12(b)(6) dismissal of the Labor Secretary’s FLSA complaint regarding Jani-King’s employment practices: Acosta pled facts sufficient to show franchisees to be employees)
Workers Compensation/Occupational Safety and Disease
*Adcock v. Commissioner, SSA (10th Cir., October 2, 2018) (affirming denial of disability benefits: the ALJ properly considered Adcock’s medical evidence, as well as her credibility: the court does not reweigh evidence)
*Bills v. Commissioner, SSA (10th Cir., October 1, 2018) (affirming denial of disability benefits: substantial evidence supported the ALJ’s functional capacity determination for light work)