Section 901 - Congressional findings and declaration of purpose; short title

2 Analyses of this statute by attorneys

  1. Cases --- February 4th through 10th, 2018

    D. Scott Crook Law PCD. Scott CrookMarch 6, 2018

    Discrimination/Retaliation*Gardenhire v. Manville (10th Circuit, February 7, 2018) (affirming summary judgment in favor of Manville on Gardenhire's ADA claims (Manville made reasonable accommodations) and his FMLA claims for retaliation (lack of causation), interference (none with his FMLA rights), and Title VII racial discrimination (white employees were not similarly situated)) Workers Compensation/Occupational Safety and DiseaseSpring Creek Coal Company v. McLean (10th Circuit, February 5, 2018)(affirming Department of Labor award of survivors’ benefits to Susan McLean under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq.) *Perez v. Denver Fire Department (10th Circuit, February 7, 2018) (affirming ruling that supervisor did not disclose confidential information that Perez suffered from PTSD, information was inferred from voluntary disclosures by Perez outside medical examination)*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.

  2. W. VA. CWP FUND v. BENDER, NO. 12-2034

    University of South Carolina School of LawAustin T. ReedApril 2, 2015

    This appeal stemmed from an award of benefits to Page Bender, Jr. under the Black Lung Benefits Act. 30 U.S.C. §§ 901 through 945. The Act is intended to provide benefits to coal miners who are completely disabled due to pneumoconiosis (black lung disease) and to surviving family dependents of those miners who died due to the disease.