Discrimination~Retaliation Fresquez v. BNSF Railway Co. (10th Cir., November 10, 2022) (affirming judgment and jury award in favor of Fresquez on his retaliation claims against BNSF, which fired Fresquez because of his refusal to conceal safety defects on the tracks he was employed to inspect: Fresquez’s actions were expressly protected under the Federal Railroad Safety […]
Discrimination~Retaliation *Tracy v. Vail Resorts, Inc. (10th Cir., November 1, 2022) (affirming dismissal of Tracy’s claims of discrimination and retaliation against Vail for terminating him for his disclosure of unsafe conditions at Vail: Tracy did not meet his initial burden for a discrimination claim under Title VII; nor did he present a plausible retaliation claim) […]
Workers Compensation ~ Occupational Safety & Disease *Nielsen v. Commissioner, SSA (10th Cir., October 28, 2022) (affirming denial of Social Security benefits: substantial evidence supported the ALJ’s disability determination and the correct legal standards were applied) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res […]
Discrimination~Retaliation *Thompson v. Little America Hotel Co. (10th Cir., October 19, 2022) (affirming summary judgment in favor of Little America on Thompson’s national-origin discrimination claim: Thompson’s termination was based on her disobedience, not upon any discriminatory animus against people from Russia) *Cases marked with an asterisk are not binding precedent, except under the doctrines of […]
CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION Atlas Biologicals v. Biowest, et al. (10th Cir., October 11, 2022) (affirming summary judgment in favor of Atlas on its claim for declaratory judgment that former employee’s transfer of 7% interest in Atlas to Atlas’s rival Biowest was legally invalid) *Cases marked with an asterisk are […]
Workers Compensation ~ Occupational Safety and Disease *Gielissen v. Reliance Standard Life Insurance Company (10th Cir., October 7, 2022) (affirming Reliance Standard’s decision to terminate benefits: Reliance Standard properly relied on the evidence of the surveillance videos to determine that Gielissen was no longer restricted from performing any occupation) *Cases marked with an asterisk are […]
Discrimination~Retaliation Parker v. United Airlines, Inc. (10th Cir., September 26, 2022) (affirming summary judgment in favor of United: United’s seeking independent review of Parker’s misconduct broke any causal chain between Parker’s FMLA leave and any retaliatory action by her supervisors) Workers Compensation ~ Occupational Safety and Disease Energy West Mining Company v. Bristow (10th Cir., […]
Labor Unions *Hampton v. Bakery, Confectionery & Tabacco Workers (10th Cir., September 21, 2022) (affirming dismissal, for failure to state a claim, of Hampton’s complaint alleging breach of the duty of fair representation and race discrimination) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res […]
Discrimination ~ Retaliation *Crews v. Austin (10th Cir., September 12, 2022) (affirming summary judgment in favor of Crews’s employer, the Department of Defense, on her claims for Title VII retaliation, intentional infliction of emotional distress, and disability discrimination: Crews did not offer sufficient justification for her delay in seeking Rule 60(b) relief) *Braithwaite v. United […]
Discrimination~Retaliation Sorenson v. Wadsworth Brothers Construction Company (10th Cir., September 9, 2022) (affirming summary judgment in favor of Wadsworth on Sorenson’s retaliation claim based on the whistleblower provisions of the federal false claims act: Sorenson failed to put Wadsworth on notice his protected activities were related to purported violations of the FCA and failed to […]
