Discrimination ~ Retaliation Gale v. The City and County of Denver (10th Cir., May 17, 2019) (certifying to the Colorado Supreme Court the question whether Colorado law excepts from res judicata § 1983 claims brought in federal court that could have been raised in a prior state action—in connection with Gale’s claim that he was […]
Discrimination / Retaliation *Laul v. Los Alamos National Laboratories (10th Cir., May 6, 2019) (affirming summary judgment against Laul on his claims of discriminatory failure to rehire, and retaliatory failure to rehire based on his prior complaints of discrimination: Laul could not demonstrate either pretext or retaliation) *Cases marked with an asterisk are not binding […]
Discrimination / Retaliation *Provencio v. Intel Corporation (10th Cir., April 30, 2019) (affirming summary judgment in favor of Intel on her retaliation and hostile work environment claims) False Claim Act United States ex rel. Reed v. Keypoint Government Solutions (10th Cir., April 30, 2019) (vacating summary judgment against Reed on her claim that Keypoint fraudulently […]
Discrimination / Retaliation *Braxton v. Nortek Air Solutions, LLC (10th Cir., April 23, 2019) (affirming summary judgment for Nortek: Plaintiffs could not state a prima facie case for discrimination or retaliation) ERISA Teets v. Great-West Life and Annuity (10th Cir., April 22, 2019) (denying en-banc rehearing: the original holding stands: Great-West does not act as […]
Discrimination / Retaliation *Cirocco v. McMahon (10th Cir., April 15, 2019) (affirming determination that Cirocco failed to exhaust administrative remedies, but remanding with instructions (a) to vacate dismissal for lack of jurisdiction and (b) to dismiss without prejudice for failure to exhaust) *Phan v. Colorado Legal Services (10th Cir., April 16, 2019) (affirming dismissal of […]
Public Employees *Drown v. Utah State Office of Education (10th Cir., April 8, 2019) (affirming dismissal of Drown’s ADA, Rehabilitation Act, and § 1983 claims against the Utah Board of Education, the school district, and employees: her claims were untimely and improperly prospective) Contract / Noncompete / Trade Secret / Wrongful Termination *Romero v. Helmerich […]
Workers’ Compensation / Occupational Safety and Disease *Alford v. Commissioner, SSA (10th Cir., April 5, 2019) (affirming dismissal, for lack of jurisdiction, of Alford’s suit seeking disability and social security benefits) Clean Harbors Environmental Services v. Labor Commission (Utah Ct. App., April 4, 2019) (upholding award of permanent total disability benefits: considering applicable medical evidence […]
ERISA Teets v. Great-West Life & Annuity Insurance Company (10th Cir., March 27, 2019) (affirming summary judgment for Great-West: GW was not a fiduciary, and Teets did not adduce sufficient evidence to impose liability as a nonfiduciary party in interest) Miscellaneous Zak v. Department of Workforce Services (Utah Ct. App., March 28, 2019) (declining to […]
Public Employees Lindsey v. Hyler (10th Cir., March 19, 2019) (a municipality may not be held liable for the actions of its employees if those actions do not constitute a violation of a plaintiff’s constitutional rights)
Workers Compensation ~ Occupational Safety and Disease Rockwood Casualty Insurance Company v. Director, OWCP (10th Cir., March 5, 2019) (denying Rockwood’s petition for review of award of black lung benefits: substantial evidence supported the ALJ’s substantive benefits determination) Wages BNSF Railway Co. v. Loos (U.S., March 4, 2019) (A railroad’s payment to an employee for […]
