Cases — August 27th through September 2nd

Discrimination/Retaliation

*Villecco v. Vail Resorts, Inc. (10th Cir., August 27, 2017) (affirming dismissal of Villecco’s employment discrimination claim for failure to prosecute his claim, and subsequent denial of FRCP 60(b) motion for relief)

*Webster v. Shulkin (10th Cir., August 31, 2017) (affirming summary judgment in favor of Shulkin and the Department of Veterans’ Affairs on Webster’s age-discrimination and retaliation claims because Webster failed to establish pretext and based his retaliation claims on speculation)

Workers Compensation/Occupational Safety and Disease


Rueda v. Labor Commission (Utah, August 31, 2017) (a splintered opinion (2-2-1) offering detailed analyses, from opposing points of view, of the effect of the 1991 amendments to the Occupational Disease Act on the Workers’ Compensation Act.  Unfortunately, these analyses accomplish nothing, since none carried a majority, and the order below was left standing perforce)

*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.