Saturday, September 29, 2018

Cases --- September 9th through 15th, 2018

Workers Compensation/Occupational Safety and Disease

*Keller v. Commissioner (10th Cir., September 13, 2018) (affirming dismissal of Keller's pro se social-security-benefits complaint for failure of the short-and-plain-statement requirement)


*Cases marked with an asterisk are 10th Circuit cases the court declared not to be 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 2nd through 8th, 2018

Contract/Noncompete/Trade Secret/Wrongful Termination

*Johns Manville Corporation v. Knauf Insulation, LLC (10th Cir., September 5, 2018) (affirming denial of Manville's motion for a new trial on its trade secrets claim---lengthy procedural discussion)


Miscellaneous 


Kyco Services, LLC, v. Department of Workforce Services (Utah Ct. App., September 7, 2018) (affirming, as supported by substantial evidence, determination that Kyco failed to make required unemployment insurance contributions) 


Workers Compensation/Occupational Safety and Disease


*Groom v. Commissioner (10th Cir., September 4, 2018) (affirming denial of disability benefits)


*Romo v. Commissioner (10th Cir., September 5, 2018) (affirming denial of disability benefits: Romo was able to perform unskilled work and was thus not disabled) 



*Cases marked with an asterisk are 10th Circuit cases the court declared not to be 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.

Saturday, September 15, 2018

Cases --- August 12th through 18th, 2018

Discrimination/Retaliation

*Salemi v. Colorado Public Employees' Retirement Association (10th Cir., August 17, 2018) (affirming summary judgment for the Association as to Salemi's discrimination and retaliation claims under under Title VII, § 1981, the First Amendment, and the FMLA)

*McFarland v. City and County of Denver (10th Cir., August 17, 2018) (affirming summary judgment for Denver on McFarland's failure-to-accommodate claim)

Wages

*Acosta v. Foreclosure Connection, Inc. (10th Cir., August 15, 2018) (affirming award against Foreclosure Connection for violation of the Fair Labor Standards Act)

*Harper v. C.R. England, Inc. (10th Cir., August 14, 2018) (vacating class certification for a challenge to, among other things, the legality of Harper's payment system)

Workers Compensation/Occupational Safety and Disease

Lincoln v. BNSF Railway Co. (10th Cir., August 17, 2018) (affirming summary judgment in favor of BNSF, but remanding on plaintiffs' ADA and retaliation claims)

*McMillan v. AT&T Umbrella Benefit Plan No. 1 (10th Cir., August 13, 2018) (affirming reversal of denial of short-term disability benefits)

*Cases marked with an asterisk are 10th Circuit cases the court declared not to be 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 --- August 5th through 11th, 2018

Thursday, September 13, 2018

Cases --- July 22nd through 28th, 2018

Cases --- July 15th through 21st, 2018

Discrimination/Retaliation


*Cases marked with an asterisk are 10th Circuit cases the court declared not to be 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 --- July 8th through 14th, 2018

Cases---July 1st through 7th, 2018

No Cases

Wednesday, September 12, 2018

Cases---June 24th through 30th, 2018

Discrimination/Retaliation

*
Peavy v. Labor Source, LLC (10th Cir., June 26, 2018) (affirming denial of Peavy's "collateral attack" on dismissal of his discrimination suit from 2015: he presented no fact or law permitting reversal)


Labor Unions


Janus v. American Federation of State, County, and Municipal Employees, Council 31 (U.S., June 27, 2018) (States and public-sector unions may not extract agency fees from nonconsenting employees: it is a violation of the First Amendment (overturning Abood v. Detroit Bd.of Ed., 431 U. S. 209, 235–236))


Wages


*Shields v. U.S. Postal Service (10th Cir., June 28, 2018) (reversing dismissal of complaint for failure to state a claim:  EPA statute of limitations is an affirmative defense, and therefore need not be anticipated in the plaintiff’s complaint)


Workers Compensation/Occupational Safety and Disease


*Jake's Fireworks, Inc., v. Acosta (10th Cir., June 28, 2018) (affirming OSHA citation for violation of health and safety standards after fire broke out, injuring one employee

and killing another)

*Cases marked with an asterisk are 10th Circuit cases the court declared not to be 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.