Wages Tyson Foods, Inc. v. Bouaphakeo, et al. (U.S., March 22, 2016) (affirming certification of employees as a class for purposes of a class action regarding payment for time spent donning and doffing essential protective gear. Time determination based on statistical sampling was appropriate)
Discrimination/Retaliation *Poll v. Lew (10th Cir., March 15, 2016) (affirming dismissal, for lack of subject matter jurisdiction, of Poll’s claims for discriminatory retaliation in violation of Title VII, brought 30 years after his termination, and contrary to a settlement agreement and an injunction) Workers Compensation/Occupational Safety and Disease *Bradley v. Colvin (10th Cir., March 15, 2016) […]
Discrimination/RetaliationTalovic v. Department of Workforce Services (Utah Ct. App., March 10, 2016) (leaving undisturbed the Workforce Appeals Board’s decision denying him unemployment benefits and assessing a fraud overpayment)Unemployment Appeals Winkler v. Department of Workforce Services (Utah Ct. App., March 10, 2016) (leaving undisturbed the Appeals Board’s decision that Winkler was not entitled to benefits and requiring her to […]
ERISAGobeille v. Liberty Mutual Insurance Company (U.S., March 1, 2016) (affirming the 2nd Circuit’s conclusion that ERISA’s reporting, disclosure, and record provisions pre-empt state law (in this case Vermont’s) imposing duties inconsistent therewith, and regardless of ACA pre-emption. Workers Compensation/Occupational Safety & Disease*Lopez v. Colvin (10th Cir., February 29, 2016) (reversing denial of social security benefits […]
Discrimination/Retaliation *Adair v. Wichita Public Schools, District 259 (10th Cir., February 22, 2016) (affirming summary judgment against Adair based upon his failure to present any factual material in opposition) Workers Compensation/Occupational Safety & Disease Allman v. Colvin (10th Cir., February 23, 2016) (affirming denial of benefits)*Fry v. American Home Assurance Company (10th Cir., February 25, 2016) (affirming summary […]
ERISALebahn v. Owens (10th Cir., February 19, 2016) (affirming denial of Lebahn’s untimely 60(b) motion in regard to Owens’ fiduciary status)*Messick v. McKesson Corporation (10th Cir., February 17, 2016) (vacating district court order in light of procedural irregularity an incomplete record, and remanding to insurer for further administrative appeal) Wrongful TerminationReynolds v. Gentry Finance Corporation (Utah […]
Discrimination/Retaliation*Farris v. Garden City, Kansas (10th Cir., February 9, 2016) (affirming dismissal because Farris failed to sufficiently allege he was a qualified individual with adisability or that he suffered intentional discrimination)Workers Compensation/Occupational Safety and Disease*Johnson v. Colvin (10th Cir., February 10, 2016) (affirming the judgement of the district court upholding the Commissioner’s denial of benefits […]
Unemployment AppealsFallstrom v. Department of Workforce Service (Utah Ct. App., February 4, 2016) (declining to disturb the board’s determination that Fallstrom was ineligible for unemployment benefits because he quit his job voluntarily, without good cause)
Discrimination/Retaliation*Montoya v. Hunter Douglas Window Fashions, Inc. (10th Cir., January 25, 2016) (affirming summary judgement in favor of defendant because Montoya failed to show pretext for either her discrimination claim or herretaliation claim)*Mancell v. McHugh, Secretary of the Army (10th Cir., January 25, 2016) (affirming summary judgement in favor of defendant on Mancell’s discrimination and retaliation […]
DiscriminationL’Ggrke v. Asset Plus Corporation (10th Cir., January 20, 2016) (affirming dismissal of L’Ggrke’s employment discrimination complaint for failure to prosecute)ERISAMontanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan (U.S., January 20, 2016) (reversing an 11th-Circuit decision holding that when an ERISA-plan participant wholly dissipates a third-party settlement on nontraceable items, the plan […]
