Discrimination and Retaliation*Drury v. BNSF Railway Company (10th Cir., August 2, 2016) (affirming summary judgment in favor of BNSF on Drury’s race and age discrimination and retaliation for his allegations) *Oceguera v. Colvin(10th Cir., August 4, 2016) (affirming denial of benefits because the ALJ properly incorporated the medical findings into the RFC determination) *Cases marked […]
Discrimination/Retaliation*James v. James (10th Cir., July 26, 2016) (affirming summary judgment in favor of defendant on plaintiff’s claims for racial harassment, discrimination, and retaliation) Foster v. Mountain Coal, LLC (10th Cir., July 26, 2016) (reversing summary judgment in favor of Mountain Coal because a jury could find that Foster established a prima facie case, and that […]
Contract/Noncompete/Trade Secret/Wrongful Termination*Williams v. McKee (10th Cir., July 20, 2016) (affirming dismissal of Williams’ ss 1983 claims for termination in violation of due process because his complaint failed to state any constitutional violation, and refusal to exercise jurisdiction of Williams’ state-law retaliation claim)Discrimination / Retaliation*Hollis v. Aerotek, Inc. (10th Cir., July 19, 2016) (affirming summary judgement in […]
Contract/Noncompete/Trade Secret/Wrongful TerminationWest Valley City v. Coyle (Utah Ct. App., July 14, 2016) (upholding City Civil Service Commission decision reinstating Coyle as a police lieutenant after the city demoted him: the Commission acted within its discretion in determining that Coyle’s violations did not warrant demotion) Maiteki v. Marten Transport Ltd. (10th Cir., July 13, 2016) (affirming […]
Workers Compensation/Occupational Safety and Disease *Lykins v. Colvin (10th Cir., July 1, 2016) (affirming denial of benefits because of continuing ability to function in various jobs) *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 […]
Unemployment AppealsMigenes v. Department of Workforce Services (Utah Ct. App., June 23, 2016) (affirming determination of fraud in overpayment of benefits)WagesEncino Motorcars, LLC v. Navarro et al. (U.S., June 20, 2016) (vacating Ninth Circuit decision that overtime payment exemption does not apply to service advisers. The Department of Labor failed to provide a reasoned explanation […]
Discrimination/Retaliation *Ghogomu v. Delta Airlines (10th Cir., June 16, 2016) (affirming summary judgment in favor of Delta Airlines on Ghogomu’s Title VII and state-law claims) Labor Unions*United Steel Union No. 348 v. Magellan Midstream Holdings (10th Cir., June 16, 2016) (affirming summary judgment in favor of the Union concluding that agreement requiring that certain positions […]
Discrimination/Retaliation*Moore v. Philips Electronics North America Corporation (10th Cir., June 6, 2016) (affirming summary judgement in favor of Philips on Moore’s race discrimination and retaliatory discharge claims since Philips’ reason for the discharge was not pretextual)ERISA and Employee Pension Plans*Jenkins-Dyer v. Exxon Mobil Corporation (10th Cir., June 6, 2016) (affirming summary judgment in favor of […]
Contract/Noncompete/Trade Secret/Wrongful TerminationSalt Lake City Corporation v. Thomas Gallegos (Utah Ct. App., June 3, 2016) (vacating the Commission’s reversal of Gallegos’ termination because the Commission applied the incorrect standard of review) Discrimination and Retaliation *Pretlow v. James (10th Cir., May 31, 2016) (affirming summary judgment in favor of the Air Force on Pretlow’s retaliation claim […]
