Cases --- June 4th through 10th

Discrimination/Retaliation

*Yinger v. Postal Presort, Inc. (10th Cir., June 9, 2017) (reversing and remanding summary judgment against Yinger on his disability discrimination and retaliatory discharge claims)

*Pittman v. American Airlines, Inc. (10th Cir., June 8, 2017) (affirming summary judgment in favor of American Airlines on Pittman's race and disability discrimination and retaliation because she failed to draw any causal connection or pretext)

*Burke v. State of New Mexico (10th Cir., June 8, 2017) (affirming dismissal of 1983 and certain equal pay and whistleblower claims, reversing dismissal of whistleblower claim against one of the defendants in his official capacity, and remanding violation-of-privacy, wage discrimination, and whistleblowing claims)


ERISA


Advocate Health Care Network v. Stapleton (U.S. Supreme Court, June 5, 2017) (reversing judgment in favor of

Stapleton respondents: church plans include plans maintained by organizations whose principal purpose is the administration of such plans, regardless of who established them, churches or church-affiliated nonprofit organizations. These plans fall under ERISA's 29 USC s. 1003(b)(2) exemption) 

The Pioneer Centres Holding Company Employee Stock Ownership Plan v. Alerus Financial, N.A. (10th Cir., June 5, 2017) (affirming summary judgment for Alerus: it is the duty of the plaintiff asserting a breach of fiduciary duty claim under ERISA to prove losses to the plan)

*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.

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