Cases — May 12th through 18th, 2019

Discrimination ~ Retaliation

Gale v. The City and County of Denver (10th Cir., May 17, 2019) (certifying to the Colorado Supreme Court the question whether Colorado law excepts from res judicata § 1983 claims brought in federal court that could have been raised in a prior state action—in connection with Gale’s claim that he was fired in retaliation for his union organizing activities)

ERISA

Petersen v. Commissioner of Internal Revenue (10th Cir., May 15, 2019) (affirming U.S. Tax Court decision holding corporation liable for past-due taxes caused by premature deductions for expenses paid to their Corporation’s employee stock ownership plan)

Workers Compensation ~ Occupational Safety and Disease

*Berensen v. Commissioner (10th Cir., May 13, 2019) (affirming denial of disability insurance benefits: The administrative law judge’s findings were based on substantial evidence, and declining to consider additional records was not error)

*Cases marked with an asterisk are not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel.