Wednesday, April 27, 2016

Cases --- April 17th through 23rd

Thursday, April 14, 2016

Cases --- April 10th through 16th

Discrimination/Retaliation

*Robinson v. St. John Medical Center, Inc. (10th Cir., April 13, 2016) (affirming summary judgment in favor of St. John on Robinson's claims for race discrimination, retaliation, and wrongful termination)

*McGowan v. Board of Trustees (10th Cir., April 13, 2016) (affirming summary judgment in favor of defendant university on McGowan's claims of racial discrimination and retaliation, as the university's claim of "poor performance" was not pretextual)

Moe v. Dillon Companies, Inc. (10th Cir., April 15, 2016) (affirming judgment in favor of Dillon on Moe's various discrimination and retaliation claims, based on Moe's insufficient allegations)

ERISA

*Mid-South Iron Workers Welfare Plan v. Harmon (10th Cir., April 13, 2016) (affirming dismissal of plaintiffs' claim for breach of fiduciary duty)

Workers Compensation/Occupational Safety & Disease

*Cudd Pressure Control, Inc., v. New Hampshire Insurance Company (10th Cir., April 15, 2016) (affirming summary judgement in favor of insurer on Cudd's breach of contract and breach of good faith and fair dealing claims)

*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.

Cases --- April 3rd through 9th

Contract/Noncompete/Trade Secret/Wrongful Termination

Hollenbach v. Salt Lake City Corporation (Utah, April 7, 2016) (reversing Civil Service Commission determination that it lacked jurisdiction over Hollenbach's termination appeal because filing applies upon mail cancellation)

Discrimination/Retaliation

*Tuffa v. Flight Services & Systems, Inc. (10th Cir., April 5, 2016) (affirming exclusion of EEOC letter as to possible discrimination in the termination of 22 African employees, based on likelihood of juror confusion) 

Miscellaneous

Crane-Jenkins v. Mikarose, LLC (Utah, April 7, 2016) (reversing award of attorneys fees under federal Fair Labor Standards Act, 29 USC Chap. 8)

Workers Compensation/Occupational Safety and Disease

Bade-Brown v. Labor Commission (Utah, April 7, 2016) (upholding Commission order denying hearing because of based on glaring deficiency and potential bias)

Bell v. Colvin (10th Cir., April 7, 2016) (affirming denial of disability benefits because ALJ credibility determinations are entitled to special deference)

*Ringgold v. Colvin (10th Cir., April 4, 2016) (reversing judgment in favor of Commissioner because the ALJ failed to properly evaluate consulting psychologist's opinion)



*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.