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T. Thomas Metier

What Determines Whether a Case Dismissal Should Be With or Without Prejudice?

In Bright v. University of Oklahoma Board of Regents, No. 17-6101 (W.D. Okla. 2017) the United States Court of Appeals for the Tenth Circuit took on that question when dealing with a case possibly violating the Americans with Disabilities Act […]

T. Thomas Metier

When Can a Jury Infer Discriminatory Intent from a Company’s Actions?

The United States Court of Appeals for the Tenth Circuit determined the answer in Barrington v. United Airlines, Inc., No. 16-1292 (10th Cir. 2017). Jaymee Barrington (“Barrington”) had worked at United Airlines, Inc., (“United”) for approximately 25 years. In 2011, […]

T. Thomas Metier

When Is Discriminatory Intent Required in a Claim Under the Americans With Disabilities Act?

The Tenth Circuit Court of Appeals took on this challenging question in Punt v. Kelly Services, No. 16-1026 (10th Cir. 2017). Kristin Punt (“Punt”) sued Kelly Services (“Kelly”) and their parent company, GE Controls Services, making claims under the Americans […]

T. Thomas Metier

Was this Court Correct to Not Enforce an Administrative Subpoena Issued By the EEOC?

The EEOC did not meet the necessary burden of showing why the information it was looking for was important; the Court had not abused its discretion when it denied help enforcing the subpoena.