Friday, September 29, 2017

Cases --- September 10th through 16th

Discrimination/Retaliation

Sanchez v. US Department of Energy (10th Circuit,
September 11, 2017) (vacating judgment on the pleadings as to Sanchez's failure-to-accommodate claim, based on his dismissal because his Mixed Receptive-Expressive Language Disorder was a threat to national security. But the court affirmed the dismissal of his retaliation, disparate treatment, and procedural due process claims)

Wages


*Jimenez and Bustillos v. Board of County Commissioners (10th Cir., September 14, 2017) (reversing summary judgment for the county on Jimenez's Fair Labor Standards Act claim for overtime for the five minutes she was required to be at work before her shift, but affirming summary judgment for the county in all other respects)

Workers Compensation/Occupational Safety and Disease

Cox v. Labor Commission (Utah Ct. App., September 14, 2017) (setting aside Labor Commission order denying Cox's workers' compensation claim:  the Commission applied the incorrect legal standard, since aggravation of a preexisting condition suffices to establish medical causation in an industrial case)

*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 --- September 3rd through 9th

Cases --- August 27th through September 2nd

Discrimination/Retaliation

*Villecco v. Vail Resorts, Inc. (10th Cir., August 27, 2017) (affirming dismissal of Villecco's employment discrimination claim for failure to prosecute his claim, and subsequent denial of FRCP 60(b) motion for relief)

*Webster v. Shulkin (10th Cir., August 31, 2017) (affirming summary judgment in favor of Shulkin and the Department of Veterans' Affairs on Webster's age-discrimination and retaliation claims because Webster failed to establish pretext and based his retaliation claims on speculation)

Workers Compensation/Occupational Safety and Disease

Rueda v. Labor Commission (Utah, August 31, 2017) (a splintered opinion (2-2-1) offering detailed analyses, from opposing points of view, of the effect of the 1991 amendments to the Occupational Disease Act on the Workers' Compensation Act.  Unfortunately, these analyses accomplish nothing, since none carried a majority, and the order below was left standing perforce)

*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.