Saturday, July 21, 2018

Cases---June 17th through 23rd, 2018

Discrimination/Retaliation

*Mielnicki v. Wal-Mart Stores, Inc. (10th Cir., June 20, 2018) (affirming summary judgment in favor of Wal-Mart on ADA claim: she failed to raise an issue of material fact as to her ability as a maintenance associate)


ERISA and Employee Pension Plans


Wisconsin Central Ltd., et al., v. United States (U.S., June 21, 2018) (reversing 7th Circuit: Employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act: they are not “money remuneration.”) 


Workers Compensation/Occupational Safety and Disease


Odom v. Penske Truck Leasing Co., L.P. (10th Cir., June 19, 2018) (vacating dismissal of Odoms' compensation claims: Oklahoma law requires Penske to prove a persona not independent from its stockholders)


Foye v. Labor Commission (Utah Ct. App., June 21, 2018) (setting aside dismissal of Foye's total disability claim and requiring the Commission to appoint a new medical panel)



*Dardick v. Unum Life Insurance Company of America (10th Cir., June 21, 2018) (affirming denial of long-term disability benefits: Unum’s assessment was not arbitrary and capricious)

*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1.

Friday, July 20, 2018

Cases---June 10th through 16th, 2018

Cases---June 3rd through 9th, 2018

Discrimination/Retaliation

*Dulany v. Brennan (10th Cir., June 7, 2018) (affirming summary judgment against Dulany on her retaliation and FMLA claims: Dulany could not show either retaliation or constructive discharge)

*The court declared this case not to be binding precedent except under the doctrines of law of the case, res judicata, and/or collateral estoppel. It may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1.

Cases---May 27th through June 2nd, 2018

Discrimination/Retaliation

*Harrington v. Ozark Waffle, LLC (10th Cir., May 29, 2018) (affirming dismissal: Harrington did not show any abuse of discretion in the trial court's dismissal of his employment discrimination claim)

*Rolland v. Carnation Building Services, Inc. (10th Cir., May 30, 2018) (affirming summary judgment in favor of Carnation: its reasons for terminating Rolland were consistent, and Rolland did not show pretext)

*Bailey v. American Phoenix, Inc. (10th Cir., May 31, 2018) (affirming summary judgment in favor of American Phoenix: Bailey failed to show pretext)

*McDonald v. City of Wichita (10th Cir., June 1, 2018) (affirming judgment in favor of Wichita on McDonald's retaliation claim: the jury was properly instructed on the legal standard for retaliation)

Workers Compensation/Occupational Safety and Disease

*Carr v. Commissioner, SSA (10th Cir., May 29, 2018) (reversing in part denial of disability benefits for a proper evaluation: the ALJ failed to accurately describe Carr’smental limitations in hypothetical questions)

*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1.

Monday, July 16, 2018

Cases --- May 20th through 26th, 2018


Public Employee/Employers

Howick v. Salt Lake City Corporation (Utah, May 25, 2018) (affirming summary judgment that Howick was equitably estopped from claiming she was a merit employee when she was terminated because she failed to challenge the district court's equitable estoppel ruling---even though she may very well be correct: Ockey precedent may not extend to government employee contracts)


Palmer v. St. George City Council (Utah Ct. App., May 24, 2018) (setting aside Appeal Board's decision regarding Palmer's discipline and remanding for the city to produce evidence of comparable discipline and to hold a new disciplinary hearing)


Workers Compensation/Occupational Safety and Disease


*Green v. Berryhill (10th Cir., May 24, 2018) (reversing district court order affirming Commissioner's denial of disability benefits: the ALJ failed to conduct a proper analysis of the evidence)


*Racette v. Berryhill (10th Cir., May 22, 2018) (reversing denial of disability benefits and supplemental income: the ALJ failed to comply with relevant legal standards in assessing Racette's impairments)


*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1.

Monday, June 4, 2018

EEOC Announces $2.66 Million Settlement with University of Denver Sturm College of Law


In a press release issued today, the EEOC announced that the University of Denver Sturm College of Law, a university located in the Tenth Circuit, has agreed to pay $2.66 million to settle an Equal Pay Act claim brought by female law professors.  The lawsuit alleged that as of October 2013 female full law professors were paid salaries on average $19,781 less than male full professors and that all of the women's salaries were below the average salary paid to men.  

This settlement suggests caution to all employers who should review their payroll to assure that their is no gender inequities in salaries and wages.

Thursday, May 31, 2018

Utah Whistleblower Protections Expanded!

The Utah Legislature recently passed legislation, SB 199, requiring all public employers in the state to give a copy of the Utah Protection of Public Employees Act to all employees when they are hired and, once again, if they file a complaint or grievance alleging retaliatory action for whistleblowing.  Before the amendment, an employer was required to give a copy of the statute to an employee only upon request.  All public employers in the state should update their policies to assure that they are complying with the Act.