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 […]
Discrimination/Retaliation *Brown v. LaFerry’s LP Gas Co., Inc. (10th Cir., September 19, 2017) (affirming dismissal, for failure to state a claim, of Brown’s racial discrimination and retaliation claims under Title VII of the Civil Rights Act: his coworkers refusal to speak to him did not, in the court’s opinion, create a hostile work environment or […]
Discrimination/RetaliationSanchez v. US Department of Energy (10th Circuit, September 11, 2017) (vacating judgment on the pleadings as to Sanchez’s failure-to-accommodate claim, based on his dismissal because his Mixed Receptive-Expressive Language Disorder was a threat to national security. But the court affirmed the dismissal of his retaliation, disparate treatment, and procedural due process claims)Wages*Jimenez and Bustillos v. Board […]
Discrimination/Retaliation EEOC v. College America Denver, Inc. (10th Cir., September 5, 2017) (reversing dismissal as moot of unlawful-interference claim) Workers Compensation/Occupational Safety and Disease Par Electrical v. Labor Commission (Utah Ct. App., September 8, 2017) (declining to disturb Commission affirmance of ALJ order awarding disability compensation under the Workers’ Compensation Act for 2006 work accident: […]
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 […]
Workers Compensation/Occupational Safety and DiseaseEaglemed, LLC, v. Cox (10th Cir., August 22, 2017) (affirming preclusion and injunction against enforcement of Wyoming statutory maximum reimbursement on air-ambulance claims, and reversing the overbroad lower court injunction)
ERISA and Employee Pension Plans GCIU-Employer Retirement Fund v. Coleridge Fine Arts (10th Cir., August 16, 2017) (reversing dismissal, based on lack of personal jurisdiction, of GCIU’s attempt to collect withdrawal liability from defendants)Miscellaneous Aura Spa & Boutique v. Department of Workforce Services (Utah Ct. App., August 17, 2017) (declining to disturb Workforce Appeals Board […]
Contract/Noncompete/Trade Secret/Wrongful TerminationAiono v. Department of Corrections (Utah Ct. App., August 10, 2017) (setting aside the decision to terminate Aiono for violating policy governing contact with incarcerated relatives: the policy’s plain language did not prohibit Aiono’s contact nor specify a time frame for disclosure form submittal. An employee cannot be fired for conduct that is […]
Discrimination/Retaliation*Lucas v. Colorado State Public Defender (10th Cir., August 4, 2017) (affirming summary judgment in favor of the public defender on Lucas’s race, sexual discrimination, retaliation, equal protection, and interference with a post-employment opportunity)Miscellaneous*Star Insurance Company v. Federal Insurance Company (10th Cir., August 2, 2017) (affirming summary judgment ruling that worker was a loaned servant […]
