Thursday, January 18, 2018

Cases --- January 14th through 20th, 2018

Cases --- January 7th through 13th, 2018

NO CASES

Cases --- December 31, 2017, through January 6, 2018

Contract/Noncompete/Trade Secret/Wrongful Termination

*Pliuskaitis v. USA Swimming (10th Cir., January 2, 2018) (affirming dismissal of Pliuskaitis’s damages claims for lack of subject matter jurisdiction: he failed to challenge the arbitrator's denial of damages)


Discrimination/Retaliation


*Black v. Larimer (10th Cir., January 3, 2018) (affirming dismissal for Black's failure to prosecute her sexual harassment claim)


ERISA


Van Steen v. Life Insurance Company of North America (10th Cir., January 2, 2018) (affirming reversal of Company's denial of Van Steen's disability benefits: its decision was arbitrary and capricious)


Miscellaneous



Kuhni & Sons v. Labor Commission (Utah Ct. App., January 5, 2018) (reversing Commission ruling that Kuhni's contesting safety regulation citation: the citation was sent by FedEx, but the statute requires "certified mail," which the Court interprets as certified mail through the US Postal Service---the citation was therefore improperly served)



*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.