Sunday, January 8, 2017

Cases --- December 11th through 17th

Contract/Noncompete/Trade Secret/Wrongful Termination

*Coleman v. Utah State Charter School Board (10th Cir., December 16, 2016) (affirming summary judgment in favor of the Board because its members were entitled to qualified immunity)

Discrimination/Retaliation

*Jackson v. J.R. Simplot Co. (10th Cir., Dec. 15, 2016) (affirming summary judgment in favor of Simplot on Jackson's pregnancy discrimination claim, under the McDonnell Douglas test)

*Ewing v. Doubletree DTWC (10th Cir., Dec. 14, 2016) (affirming summary judgement in favor of Doubltree on Ewings three ADA claims, because Doubletree had no knowledge of the disability and “[t]he ADA does not require clairvoyance”)

ERISA and Employee Pension Plans

*Amador v. Boilermaker-Blacksmith National Pension Trust (10th Cir., December 16, 2016) (affirming summary judgment against plaintiffs because the trust was neither arbitrary nor capricious in withholding benefits for failure to complete necessary IRS levy forms)

*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.



Thursday, December 15, 2016

Cases --- December 4th through 10th

Discrimination/Retaliation

*Stapp v. Curry County Board of Commissioners (10th Cir., December 6, 2016) (affirming summary judgement for Curry County on Stapp's Age Discrimination claims: constructive discharge, hostile work environment, and retaliation)

*Dye v. Moniz (10th Cir., December 6, 2016) (affirming summary judgment in favor of Moniz on Dye's disability discrimination and hostile work environment claims because the undisputed evidence showed that Dye chose to retire)

Labor Unions

*United States v. Grigsby (10th Cir., December 7, 2016) (affirming district court order that Grigsby's union retirement account be liquidated to satisfy the restitution judgement against him)

Miscellaneous

*McCune v. U.S. Securities and Exchange Commission (10th Cir., December 6, 2016) (affirming the SEC's disciplinary suspension of McCune (resulting in his being 'permitted to resign' from his employment) because he failed to ‘observe high standards of commercial honor and just and equitable principles of trade’)


*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, December 9, 2016

Note to Self: Next Jury Trial!!!!


Always remember this!!!!  (Picture from Reader's Digest, Life in these United States, at 37(Dec 2016/Jan 2017).)

Monday, November 28, 2016

Cases --- November 20th through 26th

Discrimination/Retaliation

*Lancaster v. Sprint/United Management Co. (10th Cir., November 23, 2016) (affirming summary judgment in favor of Sprint: Lancaster failed to timely serve process and unwarrantedly sought indeterminate leave under the ADA)


*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.