Tuesday, October 2, 2018

Cases --- September 23rd through 29th, 2018

Discrimination/Retaliation

Smith v. Cheyenne Retirement Investors (10th Cir., September 25, 2018) (affirming dismissal of Smith's Title VII retaliation suit because she failed to exhaust her administrate remedies)

ERISA

*Green v. Life Insurance Company of North America (10th Cir., September 26, 2018) (affirming denial of long-term disability benefits under ERISA)

*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.

Cases --- September 16th through 22nd, 2018

Discrimination/Retaliation

*Kent v. Commissioner (10th Cir., September 20, 2018) (affirming dismissal for failure to state a claim, based on his not meeting pleading requirements or alleging facts sufficient for a prima facie case)

*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.

Saturday, September 29, 2018

Cases --- September 9th through 15th, 2018

Workers Compensation/Occupational Safety and Disease

*Keller v. Commissioner (10th Cir., September 13, 2018) (affirming dismissal of Keller's pro se social-security-benefits complaint for failure of the short-and-plain-statement requirement)


*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.

Cases --- September 2nd through 8th, 2018

Contract/Noncompete/Trade Secret/Wrongful Termination

*Johns Manville Corporation v. Knauf Insulation, LLC (10th Cir., September 5, 2018) (affirming denial of Manville's motion for a new trial on its trade secrets claim---lengthy procedural discussion)


Miscellaneous 


Kyco Services, LLC, v. Department of Workforce Services (Utah Ct. App., September 7, 2018) (affirming, as supported by substantial evidence, determination that Kyco failed to make required unemployment insurance contributions) 


Workers Compensation/Occupational Safety and Disease


*Groom v. Commissioner (10th Cir., September 4, 2018) (affirming denial of disability benefits)


*Romo v. Commissioner (10th Cir., September 5, 2018) (affirming denial of disability benefits: Romo was able to perform unskilled work and was thus not disabled) 



*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.