Cases — May 2nd through 8th, 2021
No Cases *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
No Cases *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
Discrimination ~ Retaliation *LaChica v. Russell Stover Chocolates, LLC (10th Cir., April 27, 2021) (affirming summary judgment in favor of Russell Stover on his employment discrimination and retaliation claims: LaChica’s claims fail to show his termination was pretextual; and he failed to show a prima facie case of retaliation) Wages *Harlas v. The Barn (10th […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Williams v. United States (10th Cir., April 22, 2021) (dismissing Williams’ appeal for lack of subject matter jurisdiction: Williams raised no nonfrivolous argument for reversal of the the district court’s grant of summary judgment in favor of the United States on his claims for tortious interference […]
Discrimination ~ Retaliation *Thomas v. Farmers Insurance Exchange (10th Cir., April 14, 2021) (affirming summary judgment in favor of Farmers on Thomas’s sexual-orientation discrimination and retaliation claims: there was no direct evidence of discrimination or retaliation, and no showing of pretext) Workers’ Compensation ~ Occupational Safety and Disease *Keenan, Hopkins, Suder, and Stowell Contractors, Inc. […]
ERISA and Employee Pension Plans *Retired Public Employees of New Mexico, Inc. v. Probst (10th Cir., April 6, 2021) (affirming summary judgment in favor of Probst on their Section 1983 procedural and substantive due process claims: the federal claims against Probst and Pittard (the other defendant) were subject to dismissal based on the 11th Amendment) […]
DISCRIMINATION ~ RETALIATION *Bacy v. Chickasaw Nation Industries, Inc. (10th Cir., March 30, 2021) (affirming summary judgment in favor of Chickasaw on Bacy’s racial discrimination claims: a single racist remark is insufficient to prove a hostile work environment, nor could Bacy show direct evidence of discrimination or pretext behind Chickasaw’s reason for Bacy’s termination) CONTRACT ~ NONCOMPETE ~ TRADE […]
Labor Unions Hendrickson v. AFSCME Council 18 (10th Cir., March 26, 2021) (affirming dismissal of Hendrickson’s claim that the union cannot retain dues deducted from his paycheck or serve as his exclusive bargaining representative: exclusive representation remains constitutional and Hendrickson’s claim seeking prospective relief as regards the union’s opt-out window was moot) Workers’ Compensation ~ […]
Discrimination ~ Retaliation *Fisher v. Basehor-Linwood Unified School District (10th Cir., March 16, 2021) (affirming summary judgment in favor of the school district on Fisher’s claims for disability discrimination and retaliation: Fisher presented no evidence that her the principal’s inquiry regarding her disability was inconsistent with the District’s business needs, and thus proper, nor could […]
Workers’ Compensation ~ Occupational Safety and Disease *Deherrera v. Commissioner (10th Cir., March 12, 2021) (affirming denial of disability benefits: the evidence satisfies the substantiality test: more than a scintilla supports the conclusion here) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and […]
Discrimination ~ Retaliation *Dennis v. Fitzsimons (10th Cir., March 3, 2021) (affirming summary judgment in favor of Fitzsimons on Dennis’s disability discrimination claim: Dennis failed to offer any evidence of a causal connection between his alcoholism and his discharge) Miscellaneous Tanner v. McMurray (10th Cir., March 2, 2021) (reversing summary judgment granting defendants qualified immunity […]