Cases — April 14th through 20th, 2019

Discrimination / Retaliation

*Cirocco v. McMahon (10th Cir., April 15, 2019) (affirming determination that Cirocco failed to exhaust administrative remedies, but remanding with instructions (a) to vacate dismissal for lack of jurisdiction and (b) to dismiss without prejudice for failure to exhaust)

*Phan v. Colorado Legal Services (10th Cir., April 16, 2019) (affirming dismissal of Phan’s disability-based discrimination claim: among other reasons, Phan had no employment relationship with any of the defendants)

*Sorenson v. Campbell County School District (10th Cir., April 19, 2019) (affirming summary judgment in favor of the School District on her claims for disability discrimination and retaliation: she cannot show either retaliation or actions taken against her because of her MS)

*Spratling v. Sovereign Staffing Group, Inc. (10th Cir., April 19, 2019) (affirming summary judgment in favor of Sovereign Staffing on Spratling’s racial discrimination claim: Spratling did not address timeliness in his appeal, which was the basis of the district court’s ruling)

*Workers’ Compensation / Occupational Safety and Disease

Layton v. Labor Commission (Utah Ct. App., April 18, 2019) (affirming denial of last of four claims for disability benefits: Layton had not satisfied the “unusual or extraordinary exertion” standard of Allen v. Industrial Commission, 729 P.2d 15 (Utah 1986))

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.