Cases — April 22nd through 28th, 2018
Workers Compensation/Occupational Safety & Disease
Davis v. Labor Commission (Utah Ct. App., April 26, 2018) (declining to disturb Commission determination that worker was not acting in the course of his employment at the time of his accident: discussion of the instrumentality exception to the “going and coming” rule—the truck was not an instrumentality of company’s business)
Pittman v. Berryhill (10th Cir., April 26, 2018) (affirming denial of social security benefits)
Discrimination/Retaliation
Nealis v. Coxcom, LLC (10th Cir., April 24, 2018) (affirming summary judgment in favor of Coxcom on Nealis’s retaliatory discharge claim: Nealis failed to present evidence of a causal relation between her protected activity and her termination)
Hankishiyev v. ARUP Laboratories (10th Cir., April 25, 2018) (affirming summary judgment in favor of ARUP on Hankishiyev’s retaliation claim, and dismissing his age discrimination claim)
Davis v. Labor Commission (Utah Ct. App., April 26, 2018) (declining to disturb Commission determination that worker was not acting in the course of his employment at the time of his accident: discussion of the instrumentality exception to the “going and coming” rule—the truck was not an instrumentality of company’s business)
Pittman v. Berryhill (10th Cir., April 26, 2018) (affirming denial of social security benefits)
Discrimination/Retaliation
Nealis v. Coxcom, LLC (10th Cir., April 24, 2018) (affirming summary judgment in favor of Coxcom on Nealis’s retaliatory discharge claim: Nealis failed to present evidence of a causal relation between her protected activity and her termination)
Hankishiyev v. ARUP Laboratories (10th Cir., April 25, 2018) (affirming summary judgment in favor of ARUP on Hankishiyev’s retaliation claim, and dismissing his age discrimination claim)
*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.