Cases — October 1st through 7th (2017)
Discrimination/Retaliation
*Barrington v. United Airlines, Inc. (10th Cir., October 4, 2017) (reversing verdict in favor of United because the court erroneously failed to instruct the jury on pretext, which a reasonable jury could have found based on the evidence)
Workers Compensation/Occupational Safety and Disease
*White v. Berryhill (10th Cir., October 4, 2017) (affirming denial of disability benefits: substantial evidence supported the ALJ assessment and credibility determination. The court cannot reweigh the evidence)
Contract/Noncompete/Trade Secret/Wrongful Termination
Burgess v. Department of Corrections (Utah Ct. App., October 5, 2017) (setting aside lower decision in support of termination: termination was disproportionate to the offense and exceeded the bounds of reasonableness and rationality)
*Barrington v. United Airlines, Inc. (10th Cir., October 4, 2017) (reversing verdict in favor of United because the court erroneously failed to instruct the jury on pretext, which a reasonable jury could have found based on the evidence)
Workers Compensation/Occupational Safety and Disease
*White v. Berryhill (10th Cir., October 4, 2017) (affirming denial of disability benefits: substantial evidence supported the ALJ assessment and credibility determination. The court cannot reweigh the evidence)
Contract/Noncompete/Trade Secret/Wrongful Termination
Burgess v. Department of Corrections (Utah Ct. App., October 5, 2017) (setting aside lower decision in support of termination: termination was disproportionate to the offense and exceeded the bounds of reasonableness and rationality)
*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.