Tuesday, December 5, 2017

Cases --- November 26th through December 2nd (2017)

Discrimination/Retaliation

*Smith v. Sprint/United Management Company (10th Cir., December 1, 2017) (affirming summary judgment in favor of Sprint on Smith's racial discrimination and retaliation claims: he failed to establish a prima facie claim of Title VII discrimination and failed to show that Sprint's nondiscriminatory reason for terminating his was pretextual)


Workers Compensation/Occupational Safety and Disease

Petersen v. Utah Labor Commission (Utah, December
1, 2017) (affirming denial of temporary total disability:  Utah Code § 35-1-65 does not abrogate any previously existing  remedy, since the legislature created an adequate substitute remedy in workers' compensation; it is therefore no violation of the Open Courts Clause)

Waite v. Utah Labor Commission (Utah, December 1, 2017) (affirming Labor Commission order denying compensation benefits: Utah Code § 34A-2-417(2)(a)(ii) is a statute of repose, but it nevertheless constitutional under the Open Courts Clause of the Utah Constitution)


*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.