Monday, April 16, 2018

Cases --- March 25th through 31st, 2018

Discrimination/Retaliation

*Milam v. Pafford EMS (10th Cir., March 30, 2018) (affirming summary judgment in favor of Pafford on Milam's hostile environment and religious and national-origin discrimination claims)

ERISA and Employee Pension Plans

Deseret Book Company v. Dept. of Workforce
Services (Utah Ct. App., March 29, 2018) (declining to disturb determination that holiday actress was Deseret employee: the Board's conclusion that she was under the control and direction of Deseret Book was supported by substantial evidence)

Fur Breeders Agricultural Cooperative v. Dept. of Workforce Services (Utah Ct. App., March 29, 2018) (setting aside order finding police officers were employees of the FBAC: the proper question is whether the officers are independent of the FBAC, not whether they are independent of any other party)

Wages


*Johnson v. School District No. 1 (10th Cir., March 28, 2018) (affirming dismissal of Johnson's complaint based on Colorado Supreme Court decision regarding state property interest in salary and benefits)


*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, April 6, 2018

Cases --- March 11th through 17th, 2018

Contract/Noncompete/Trade Secret/Wrongful Termination

*Nolan-Bey v. Wickham Glass, Inc. (10th Cir., March 15, 2018) (affirming dismissal of Nolan-Bey's frivolous failure-to-train and termination claims)


Discrimination/Retaliation


*Balding v. Sunbelt Steel Texas, Inc. (10th Cir., March 13, 2018) (affirming summary judgent in favor of Sunbelt on Balding's FMLA and ADA claims, but reversing on his state breach of contract claim)


*Trimble v. Board of County Commissioners of Tulsa County (10th Cir., March 14, 2018) (affirming dismissal of Trimble protected-speech retaliation claims for failure to state a claim:  his speech was unprotected as part of his official county duties)


*Palmer v. UPS Freight (10th Cir., March 16, 2018) (affirming summary judgment against Palmer: his unsupported arguments (based vaguely on the Constitution and a 1787 treaty with Morocco) failed to develop any issue for review)

ERISA


Market Synergy Group, Inc., v. U.S. Department of Labor (10th Cir., March 13, 2018) (affirming denial of preliminary injunction preventing the DOL from implementing a new regulation: there was adequate notice, no arbitrary treatment, and an adequate economic  impact analysis)


Wages


Acosta v. Paragon Contractors Corporation (10th Cir., March 13, 2018) (affirming 
conclusions that Paragon engaged in oppressive child labor and that the children were not volunteers, and affirming order for payment of compensation to the children as a compensatory sanction)


*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, March 29, 2018

Cases --- March 4th through 10th, 2018

Discrimination/Retaliation/Wrongful Termination

Knopf v. Williams (10th Cir., March 5, 2018) (reversing
summary judgment denying Mayor Williams qualified immunity on Knopf's protected-speech retaliation claim: Knopf did not carry his burden to show violation of an established constitutional right:  his speech was not protected private speech)

*Sidlo v. MillerCoors, LLC (10th Cir., March 7, 2018) (affirming summary judgment for MillerCoors on Sidlo's national-origin- and age-discrimination claims:  Sidlo failed to establish a prima-facie case of discriminatory treatment)

*Rowe v. DPI Specialty Foods, Inc. (10th Cir., March 7, 2018) (affirming denial of DPI's motion for judgment as a matter of law:  jury could conclude that Rowe was terminated because of DPI's defamation)

*Dish Network, LLC, v. National Labor Relations Board (10th Cir., March 7, 2018) (affirming the ALJ determination that Dish Network violated the NLRA by firing of Mr. Rabb for soliciting coworkers to join a lawsuit over Dish Network's pay practices)

*Williams-Jackson v. Innovative Senior Care (10th Cir., March 8, 2018) (vacating the denial of defendants’ motion to dismiss or stay in favor of arbitration and remanding)

*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.