Cases — August 23rd through 29th

Discrimination & Retaliation Osborne v. Baxter Healthcare Corporation (10th Cir.,August 24, 2015) (reversing summary judgement in favor of Baxter Healthcare because there remains a genuine issue of material fact as to Osborne’s ability to perform the work at issue) *Macias v. Southwest Cheese Company, LLC (10th Cir.,August 24, 2015) (reversing summary judgement for Southwest Cheese […]

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Cases — August 16th through 22nd

Wages Utley v. Mill Man Steel, Inc. (Utah S.Ct., August 20,2015) (reversing summary judgment in Utley’s favor, allowing a determination asto whether evidence warranted an offset against Utley’s unpaid commission) Workers’ Compensation Right Way Trucking v. Labor Commission (Utah Ct. App., August20, 2015) (affirming ALJ’s denial of motion for reconsideration and admittingthe medical panel report)

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Cases — August 9th through 15th

Unemployment Unck v. Department of Workforce Services (Utah Ct. App., August 13, 2015)(upholding Board order that Unck repay unemployment benefits and imposing afraud penalty) Discrimination *Grubbs v. The Salvation Army (10th Cir., August 13, 2015) (affirmingsummary judgment in favor of the Salvation Army because Grubbs failed to show adiscriminatory pretext) Miscellaneous—Procedure *Martinv. Mt. St. Mary’s […]

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Cases — August 2nd through 8th

Disability *Cochranv. Colvin (10th Cir., August 3, 2015) (affirming denial ofdisability insurance benefits) Workers Compensation Martinezv. Angel Exploration, LLC (10th Cir., August 4, 2015)(affirming summary judgment as to employer’s intentional tort liability) Discrimination and Retaliation Pang v.International Document Services (Utah, August 5, 2015) (affirmingdismissal: Utah Rule of Professional Conduct 1.13(b) does not reflect a clearand […]

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Cases — July 26th through August 1st

ERISAMartinez v. the Plumbers and Pipefitters National Pension Plan (10th Cir., July 29, 2015) (upholding denial of request to convert early retirement pension to disability pension) Miscellaneous*Janczak v. Tulsa Winch (10th Cir., July 30, 2015)(reversing and remanding summary judgment against Janczak on claim of interference with FMLA leave) Discrimination and Retaliation*Didier v. Abbott Laboratories (10th Cir., July 31, 2015)(affirming summary judgement […]

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Cases — July 12th through 18th

Workers Compensation/Occupational Safety and Disease Brooks v. Commissioner (10th Cir., July 17, 2015) (affirming the Commission determination that Brooks had received an overpayment of Disability benefits) Santos v. Colvin (10th Cir., July 15, 2015) (affirming dismissal of complaint challenging the denial of disability insurance benefits) Discrimination and Retaliation Bandi v. Colvin (10th Cir., July 16, 2015) (affirming summary […]

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Cases — July 5th through 11th

Workers Compensation/Occupational Safety and Disease Bainbridge v. Colvin (10th Cir., July 7, 2015) (affirming denial of disability benefits) Discrimination/Retaliation Jordan v. Dillon Companies (10th Cir., July 9, 2015) (affirming summary judgment in favor of Dillon as Jordan could not show pretext for termination under a subordinate bias theory) Bennett v. Windstream Communications, Inc. (10th Cir., July […]

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Cases — June 28th through July 4th

Discrimination & Retaliation Rock v. Levinski (10th Cir., June 29, 2015) (affirming Rock’s dismissal because her right to free speech did not overcome Levinski’s concern that those in high-ranking policy positions should “speak publicly with a single voice on policy matters”) Miscellaneous United States v. Kizzy Kalu (10th Cir., June 29, 2015) (affirming conviction and […]

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An Aside from Employment Law: Why the Same Sex Marriage Cases Trouble Me

As a lawyer and a religious person, I was deeply concerned about the Supreme Court’s recent decision regarding same-sex marriage. The decision reflects attitudes and beliefs that give me great concern about the continuing protection of my right to exercise my religion. I hope to respectfully explain why I am so concerned. The Decision Affects […]

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