ERISA and Employee Pension Plans
*Retired Public Employees of New Mexico, Inc. v. Probst (10th Cir., April 6, 2021) (affirming summary judgment in favor of Probst on their Section 1983 procedural and substantive due process claims: the federal claims against Probst and Pittard (the other defendant) were subject to dismissal based on the 11th Amendment)
Workers Compensation ~ Occupational Safety and Disease
Unrein v. PHC-Fort Morgan, Inc. (10th Cir., April 8, 2021) (affirming judgment in favor of PHC on Unrein’s failure to accommodate ADA claim: physical presence on a set schedule was an essential job function of Unrein’s position, and her flexible-schedule request was unreasonable in that it addressed a trsnsportation issue (she was blind and could find no one to drive her to work) unrelated to her employment)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
