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Cases — December 9th through 15th, 2018

admin - January 5, 2019May 8, 2019 - Black Lung Benefits, Drug Testing, Due Process, Equal Protection, Tenth Circuit, Workers Compensation, Wrongful Termination
Contract/Noncompete/Trade Secret/Wrongful Termination

*Jones v. Office of Administrative Hearings (10th Cir., December 11, 2018) (affirming dismissal of Jones’s equal protection and due process claims after she was fired after failing a drug test)

Workers Compensation/Occupational Safety and Disease

*Vigil v. Commissioner, SSA (10th Cir., December 11, 2018) (affirming denial of disability benefits: Vigil failed to satisfy the criteria for any listed impairment)

*Turner Brothers v. Conley (10th Cir., December 11, 2018) (affirming award of black lung benefits to Conley, who was exposed to coal dust for 15 years, satisfying the BLBA)

*The 10th Circuit has declared that these cases are not binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel.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.

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