Wednesday, August 2, 2017

Cases --- July 23rd through 29th

Discrimination/Retaliation

*Coyle v. Jackson (10th Cir., July 27, 2017) (affirming dismissal for failure to comply with FRCP Rule 8: plaintiff failed to allege specific in support of his discrimination claims)

Workers Compensation/Occupational Safety and Disease


Quast v. Utah Labor Commission (Utah, July 25, 2017) (reversing award of total disability because the Court of Appeals misstated the burden of proof:  the employee bears the burden of proof on all elements of a total disability claim; the employer need not prove an employee capable of performing other reasonably available work)


Oliver v. Utah Labor Commission (Utah, July 25, 2017) (reversing total disability award: the Court of Appeals misinterpreted the permanent total disability statute's basic work activities provision, misallocated burden of proof:  the employee bears the burden of proving each element of a permanent total disability claim)


Consolidation Coal Company v. OWCP (10th Cir., July 25, 2017) (granting Consolidation's petition for review of Department of Labor award of survivor's benefits to employee's wife: the ALJ incorrectly stated the rebuttal standard, which, however, requires an employer to rule out causal connection between pneumoconiosis and death to rebut a connection)


*Cases marked with an asterisk are cases the 10th Circuit does not consider 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 21, 2017

Cases --- July 9th through 15th

Contract/Noncompete/Trade Secret/Wrongful Termination

*Puckett v. US Dept. of Agriculture (10th Cir., July 10, 2017) (affirming summary judgment in defendant's favor:  Puckett failed to demonstrate that her termination was arbitrary and capricious or that the reason for it was lacking in substantial evidence)


*Ellison v. Roosevelt County Board of County Commissioners (10th Cir., July 12, 2017) (affirming magistrate's 12(b)(6) dismissal of Ellison's claim he was fired for arresting his supervisor's friend, reporting misconduct, and refusing to cover up wrongdoing:  his complaint failed to state a plausible claim for relief)


Discrimination/Retaliation

*Jara v. Standard Parking (10th Cir., July 13, 2017) (affirming 12(b)(6) dismissal of Jara's claims because he failed to timely file on his discrimination claim or to allege sufficient facts on his retaliation claim)

Labor Unions

*Jara v. Standard Parking (10th Cir., July 13, 2017) (affirming 12(b)(6) dismissal of Jara's claims because he alleged no facts suggesting the Union acted in such a discriminatory, dishonest, arbitrary, or perfunctory fashion as to breach its duty of fair representation)

Workers Compensation/Occupational Safety and Disease

*Scott v. Berryhill (10th Cir., July 10, 2017) (affirming denial of social security benefits because, while Scott suffered from severe impairments, she retained the residual capacity to perform light work)


*Olson v. Berryhill (10th Cir., July 10, 2017) (affirming denial of benefits because Olson still had residual capacity for light work despite cervical fractures, degenerative disc disease, obesity, bilateral hearing loss, and joint degeneration)



*Cases marked with an asterisk are cases the 10th Circuit does not consider 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.

Tuesday, July 4, 2017

Cases --- June 25th through July 1st

Contract/Noncompete/Trade Secret/Wrongful Termination

*Winger v. Meade District Hospital (10th Cir., June 27, 2017) (affirming summary judgment in favor of the hospital on Winger's due process claim)

Bahnmaier v. Northern Utah Healthcare Corporation (Utah Ct. App., June 29, 2017) (affirming summary judgment in favor of Northern Utah: the hospital's substance abuse policy is not an implied contract requiring reasonable suspicion of intoxication before drug testing)

Unemployment Appeals

Gibson v. Department of Workforce Services (Utah Ct. App., June 29, 2017) (declining to disturb appeals board's determination that Gibson quit his position without good cause, making him ineligible for unemployment benefits)

Wages

Marlow v. The New Food Guy, Inc. (10th Cir., June 30, 2017) (Marlow received $12/hour ($4.50 above minimum wage) but demanded her tips under 29 CFR § 531.52 (2011).  The 10th Circuit affirmed the district court's implicit determination that the Department of Labor lacked authority to promulgate such a regulation: "If an employer pays more than the minimum wage without regard to tips, the FLSA does not restrict [its] use of tips. The regulation categorically barring employers from retaining tips is invalid because it exceeded DOL’s authority.")
   
*Cases marked with an asterisk are cases the 10th Circuit does not consider 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.