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Cases — January 17th through 23rd

admin - February 3, 2016 - Department of Labor, Department of Workforce Services, Disability, Discrimination, ERISA, Labor Union, National Labor Relations Act (NLRA), Tenth Circuit, United States Supreme Court, Workers Compensation
Discrimination

L’Ggrke v. Asset Plus Corporation (10th Cir., January 20, 2016) (affirming dismissal of L’Ggrke’s employment discrimination complaint for failure to prosecute)


ERISA

Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan (U.S., January 20, 2016) (reversing an 11th-Circuit decision holding that when an ERISA-plan participant wholly dissipates a third-party settlement on nontraceable items, the plan fiduciary may attach the participant’s separate assets)

Labor Unions

National Labor Relations Board v. Community Health Services, Inc. (10th Cir., January 20, 2016) (affirming and enforcing the supplemental order of the NLRB disregarding interim earnings in backpay calculations for employees whose labor injury falls short of unlawful termination)

Workers Compensation/Occupational Safety and Disease

Peterson v. Labor Commission (Utah Ct. App., January 22, 2016) (setting aside Commission Appeals Board’s denial of Peterson’s workers compensation claim)

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