Cases—June 17th through 23rd, 2018
Discrimination/Retaliation
*Mielnicki v. Wal-Mart Stores, Inc. (10th Cir., June 20, 2018) (affirming summary judgment in favor of Wal-Mart on ADA claim: she failed to raise an issue of material fact as to her ability as a maintenance associate)
ERISA and Employee Pension Plans
Wisconsin Central Ltd., et al., v. United States (U.S., June 21, 2018) (reversing 7th Circuit: Employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act: they are not “money remuneration.”)
Workers Compensation/Occupational Safety and Disease
Odom v. Penske Truck Leasing Co., L.P. (10th Cir., June 19, 2018) (vacating dismissal of Odoms’ compensation claims: Oklahoma law requires Penske to prove a persona not independent from its stockholders)
Foye v. Labor Commission (Utah Ct. App., June 21, 2018) (setting aside dismissal of Foye’s total disability claim and requiring the Commission to appoint a new medical panel)
*Dardick v. Unum Life Insurance Company of America (10th Cir., June 21, 2018) (affirming denial of long-term disability benefits: Unum’s assessment was not arbitrary and capricious)
*Cases marked with an asterisk are 10th Circuit cases the court declared not to be 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.
*Mielnicki v. Wal-Mart Stores, Inc. (10th Cir., June 20, 2018) (affirming summary judgment in favor of Wal-Mart on ADA claim: she failed to raise an issue of material fact as to her ability as a maintenance associate)
ERISA and Employee Pension Plans
Wisconsin Central Ltd., et al., v. United States (U.S., June 21, 2018) (reversing 7th Circuit: Employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act: they are not “money remuneration.”)
Workers Compensation/Occupational Safety and Disease
Odom v. Penske Truck Leasing Co., L.P. (10th Cir., June 19, 2018) (vacating dismissal of Odoms’ compensation claims: Oklahoma law requires Penske to prove a persona not independent from its stockholders)
Foye v. Labor Commission (Utah Ct. App., June 21, 2018) (setting aside dismissal of Foye’s total disability claim and requiring the Commission to appoint a new medical panel)
*Dardick v. Unum Life Insurance Company of America (10th Cir., June 21, 2018) (affirming denial of long-term disability benefits: Unum’s assessment was not arbitrary and capricious)
*Cases marked with an asterisk are 10th Circuit cases the court declared not to be 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.