Cases --- February 14th through 20th

ERISA

Lebahn v. Owens (10th Cir., February 19, 2016) (affirming denial of Lebahn's untimely 60(b) motion in regard to Owens' fiduciary status)

*Messick v. McKesson Corporation (10th Cir., February 17, 2016) (vacating district court order in light of procedural irregularity an incomplete record, and remanding to insurer for further administrative appeal)

Wrongful Termination

Reynolds v. Gentry Finance Corporation (Utah Ct. App., February 19, 2016) (Reversing summary judgement in favor of Gentry based upon implied-in-fact contract (employee manual) and genuine issues of material fact (pretext))

*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.

Labels: , , , ,