Cases — April 21st through 27th, 2019

Discrimination / Retaliation

*Braxton v. Nortek Air Solutions, LLC (10th Cir., April 23, 2019) (affirming summary judgment for Nortek: Plaintiffs could not state a prima facie case for discrimination or retaliation)

ERISA

Teets v. Great-West Life and Annuity (10th Cir., April 22, 2019) (denying en-banc rehearing: the original holding stands: Great-West does not act as an ERISA fiduciary; it lacks sufficient authority or control over compensation)

Workers Compensation / Occupational Safety and Disease

Sumsion v. J. Lynn Roberts & Sons (Utah, April 26, 2019) (reversing determination that Sumsion had failed to establish contractor Roberts had a duty to her as an employee of the land owner: the Restatement (Second) of Torts, and not the factors set forth in AMS Salt Industries, Inc., 942 P.2d 315, should control in such cases)

A-1 Septic Tank v. Messersmith (Utah Ct. App., April 25, 2019) (setting aside the Labor Commission’s changing the ALJ’s dismissal of Messersmith’s work-related injury and disability claim to a dismissal without prejudice, and reinstating the ALJ’s dismissal with prejudice)

Grice v. CVR Energy, Inc. (10th Cir., April 23, 2019) (affirming summary judgment in favor of CVR on Grice’s personal injury claim: CVR did not assume a duty to provide workplace safety for employees of its subsidiaries)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.