The Utah Employment Lawyer: Cases --- December 20th through 26th

Workers Compensation

*Dutton v. Colvin (10th Cir., December 21, 2015) (reversing denial of Supplemental Security Income benefits because ALJ failed to properly consider treating physician’s opinion)

Simmons v. Colvin (10th Cir., December 23, 2015) (affirming denial of disability benefits based on his “impertinent,” “groundless,” and “frivolous”arguments)

Discrimination/Retaliation

*Amos v. City of Claremore (10th Cir., December 23, 2015) (affirming summary judgement in favor of Claremore because Amos failed to demonstrate that the City’s reasons for his discharge pretextual)

Lounds v. Lincare, Inc. (10th Cir., December 22, 2015)(affirming summary judgement on Lounds’ retaliation claim because she produced no convincing evidence of pretext, but reversing summary judgment on her discrimination claim because she satisfied her burden sufficient)

Wrongful Termination

*Hogan v. Utah Telecommunications Open Infrastructure Agency (10th Cir., December 23, 2015) (affirming dismissal of wrongful termination claim because Hogan failed to identify and public policy his discharge would contravene)

*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.