Public Employer ~ Employees Brownback v. King (U.S., February 25, 2021) (reversing the Sixth Circuit’s determination that the district court’s dismissal of King’s Federal Tort Claims Act claims did not trigger the 28 USC §1346(b) judgment bar to block his Bivens claims: The District Court’s order was a judgment on the merits of the FTCA […]
ERISA and Employee Pension Plans *Festini-Steele v. Exxonmobil Corp. (10th Cir., February 18, 2021) (Reversing lower court determination that divorce decree was not a qualified domestic relations order, and that Festini-Steele was therefore not entitled to the proceeds of her ex-husband’s group life insurance policy: the order was plainly a QDRO and thus exempt from […]
ERISA *Weiss v. Banner Health (10th Cir., February 9, 2021) (affirming denial of her request for pre-authorization of knee surgery: Weiss did not show that Banner’s plan administrator abused its discretion) Miscellaneous *Livingstone v. University of Kansas Hospital Authority (10th Cir., February 11, 2021) (affirming lower court’s disallowing leave to amend response brief: Livingstone sought […]
Workers’ Compensation ~ Occupational Safety and Disease *Tesone v. Empire Marketing Strategies (10th Cir., February 5, 2021) (affirming summary judgment in favor of Empire Marketing on Tesone’s disability discrimination claim: Tesone had no evidence from which to establish disability under the ADA) Salinas v. United States Railroad Retirement Board (U.S. Supreme Court, Februay 3, 2021) […]
Discrimination ~ Retaliation *DeSanzo v. AHS Southcrest Hospital, LLC (10th Cir., January 28, 2021) (affirming summary judgment in favor of AHS on DeSanzo’s age discrimination an retaliation claims: DeSanzo could not establish that AHS’s reason for her termination was pretextual) Miscellaneous *Oldenburg v. American Modern Insurance Company, Inc. (10th Cir., January 26, 2021) (reversing summary […]
Contract ~ Noncompete ~ Trade-Secrets ~ Wrongful Termination *Goss v. Cathey (10th Cir., January 12, 2021) (affirming denial of post-judgment motion to reopen and amend: the district court’s failure to explain its denial was harmless error since Goss identified no new facts or law) Public Employers ~ Employees *Metzler v. City of Colorado Springs (10th […]
Discrimination ~ Retaliation *English v. Small Business Administration (10th Cir., January 5, 2021) (affirming summary judgment to the SBA on English’s Civil Rights claims of race discrimination and retaliation: English could not establish a genuine issue of material fact as to SBA’s rationale for his termination being illegitimate or discriminatory) *Bowles v. Grant Trucking (10th […]
Public Employers ~ Employees Fenn v. City of Truth or Consequences (10th Cir., December 29, 2020) (affirming summary judgment on Fenn’s supervisory liability claims: a municipality may not be held liable where there is no underlying constitutional violation by any of its officers) Crowson v. Washington County (10th Cir., December 29, 2020) (reversing denial of […]
Discrimination ~ Retaliation Baca v. Department of the Army (10th Cir., December 22, 2020) (affirming Merit Systems Protection Board determination that Baca’s termination was not unlawful retaliation for whistleblowing: Baca made no disclosure that would trigger whistleblower protection; rather, he attempted to intimidate a witness into making a false statement) [Revising opinion of September 2, […]
