Thursday, May 25, 2017

Cases --- May 21 through 27

Discrimination/Retaliation 

*Espinoza-Horiuchi v. Walmart Stores, Inc. (10th Cir., May 22, 2017) (dismissing appeal of summary judgment for lack of jurisdiction, and affirming the district court’s bill of costs)

*Iselin v. Bama Companies (10th Cir., May 26, 2017) (reversing dismissal of claims for discriminatory termination, failure to hire, and failure to accommodate, but affirming dismissal of misuse-of-employment-testing claim: 12(b)(6) dismissal inappropriate since well-plead allegations must be read in favor of the plaintiff)

Contract/Noncompete/Trade Secret/Wrongful Termination

Water Splash, Inc. v. Menon (U.S. Supreme Court, May 22, 2017) (vacating and remanding judgment in favor of Menon:  The Hague Service Convention does not prohimit service of process by mail, which is permissible if the receiving state has not objected to such service and it is authorized under otherwise-applicable law)

*Blough v. Rural Electric Coop, Inc. (10th Cir., May 23, 2017) (affirming grant of Rural Electric's motion to dismiss Blough's claim for wrongful termination because Blough failed to plausibly statea claim for relief)

Workers Compensation/Occupational Safety and Disease


Energy West Mining Company v. Estate of Morris Blackburn (10th Cir., May 23, 2017) (affirming Black Lung Benefits compensation claim and denying petition for review: the Labor Benefits Review Board did not err in affirming the award below)

*Hays v. Berryhill (10th Cir., May 25, 2017) (affirming denial of attorneys fees because the commisioner's decision was substantially justified)

*Lee v. Berryhill (10th Cir., May 25, 2017) (affirming denial of disability insurance and social security income because the appellate court may not reweigh evidence and the Frey/Thompson analysis was present)

*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.

Tuesday, May 2, 2017

Cases --- April 23rd through 29th

Discrimination/Retaliation



Workers Compensation/Occupational Safety and Disease



*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.