Cases — March 24th through 30th, 2019

ERISA

Teets v. Great-West Life & Annuity Insurance Company (10th Cir., March 27, 2019) (affirming summary judgment for Great-West: GW was not a fiduciary, and Teets did not adduce sufficient evidence to impose liability as a nonfiduciary party in interest)

Miscellaneous

Zak v. Department of Workforce Services (Utah Ct. App., March 28, 2019) (declining to disturb the Department’s determination that Zak’s day spa workers were employees, not independent contractors, and thus that their wages were subject to state unemployment compensation fund contributions)

Sacchi v. IHC Health Services, Inc. (10th Cir., March 26, 2019) (affirming dismissal of Sacchi’s employment discrimination claim: as an unpaid intern, Sacchi could not satisfy the threshold-remuneration test)

Public Employees

Butler v. Board of County Commissioners (10th Cir., March 29, 2019) (declining to adopt a per se rule that all truthful testimony given by a government employee is always a matter of public concern (and thereby allowing plaintiff’s demotion))

Estate of Ceballos v. Husk (10th Cir., March 26, 2019) (dismissing for lack of jurisdiction the City’s appeal from denial of summary judgment on the Ceballoses’ § 1983 failure-to-train claim)