Friday, July 15, 2016

Cases --- July 10th through 16th


Maiteki v. Marten Transport Ltd. (10th Cir., July 13, 2016) (affirming summary judgment in favor of Marten Transport on Maiteki's claim that Marten violated the FCRA reinvestigation provisions)


*Transam Trucking v. Administrative Review Board (10th Cir., July 15, 2016) (denying Transam's petition for review of a decision concluding that Alphonse Maddin was terminated in violation of statutory whistleblower provisions and ordering him reinstated with back pay)


Discrimination/Retaliation

*Finney v. Lockheed Martin (10th Cir., July 11, 2016) (affirming summary judgment in favor of Lockheed that Finney's layoff was not the result of age discrimination or retaliation in violation of the ADEA)

*Kilcrease v. Domenico Transportation Co. (10th Cir., July 12, 2016) (affirming summary judgment in favor of Domenico because Kilcrease failed to establish that he was a qualified individual under the ADA, and Domenico took no adverse employment action subsequent to the ADA claim)


*Starr v. Quiktrip Corporation (10th Cir., July 13, 2016) (reversing summary judgment in favor of Quiktrip on Starr's premature termination claim, but affirming in favor of Quiktrip on his discrimination claim)


ERISA


Lebahn v. National Farmers Union (10th Cir., July 11, 2016) (affirming determination that pension-plan consultants are not fiduciaries as they do not exercise discretionary authority over plan administration)


Workers Compensation/Occupational Safety and Disease


*Nelson v. Colvin (10th Cir., July 12, 2016) (affirming denial of disability and supplemental security benefits because the agency applied the correct legal standards and its findings were supported by substantial evidence)

Saturday, July 9, 2016

Cases --- July 3rd through 9th

No Cases

Cases --- June 26th through July 2nd

Workers Compensation/Occupational Safety and Disease 

*Lykins v. Colvin (10th Cir., July 1, 2016) (affirming denial of benefits because of continuing ability to function in various jobs)


*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.

Monday, July 4, 2016

Cases --- June 5th through 11th

Discrimination/Retaliation

*Moore v. Philips Electronics North America Corporation (10th Cir., June 6, 2016) (affirming summary judgement in favor of Philips on Moore's race discrimination and retaliatory discharge claims since Philips' reason for the discharge was not pretextual)


ERISA and Employee Pension Plans

*Jenkins-Dyer v. Exxon Mobil Corporation (10th Cir., June 6, 2016) (affirming summary judgment in favor of Exxon Mobil as Jenkins-Dyer was not a named beneficiary)

Miscellaneous

*Mahalaxmi Amba Jewelers v. Johnson (10th Cir.,
June 10, 2016) (affirming Immigration Services refusal to classify owner as a multinational executive or manager over Karats, Inc. (U.S. employer), because of foreign employer Mahalaxmi's failure to establish that Mahalaxmi and Karats are "affiliates")


*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.