Workers Compensation/Occupational Safety and Disease *Lykins v. Colvin (10th Cir., July 1, 2016) (affirming denial of benefits because of continuing ability to function in various jobs) *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. They […]
Unemployment AppealsMigenes v. Department of Workforce Services (Utah Ct. App., June 23, 2016) (affirming determination of fraud in overpayment of benefits)WagesEncino Motorcars, LLC v. Navarro et al. (U.S., June 20, 2016) (vacating Ninth Circuit decision that overtime payment exemption does not apply to service advisers. The Department of Labor failed to provide a reasoned explanation […]
Discrimination/Retaliation *Ghogomu v. Delta Airlines (10th Cir., June 16, 2016) (affirming summary judgment in favor of Delta Airlines on Ghogomu’s Title VII and state-law claims) Labor Unions*United Steel Union No. 348 v. Magellan Midstream Holdings (10th Cir., June 16, 2016) (affirming summary judgment in favor of the Union concluding that agreement requiring that certain positions […]
Discrimination/Retaliation*Moore v. Philips Electronics North America Corporation (10th Cir., June 6, 2016) (affirming summary judgement in favor of Philips on Moore’s race discrimination and retaliatory discharge claims since Philips’ reason for the discharge was not pretextual)ERISA and Employee Pension Plans*Jenkins-Dyer v. Exxon Mobil Corporation (10th Cir., June 6, 2016) (affirming summary judgment in favor of […]
Contract/Noncompete/Trade Secret/Wrongful TerminationSalt Lake City Corporation v. Thomas Gallegos (Utah Ct. App., June 3, 2016) (vacating the Commission’s reversal of Gallegos’ termination because the Commission applied the incorrect standard of review) Discrimination and Retaliation *Pretlow v. James (10th Cir., May 31, 2016) (affirming summary judgment in favor of the Air Force on Pretlow’s retaliation claim […]
Contract/Noncompete/Trade Secret/Wrongful Termination Green v. Brennan (U.S., May 23, 2016) (vacating dismissal ofGreen’s constructive discharge claim. The lower court held his complaintuntimely, having been filed 96 days after he had agreed to retire. The TenthCircuit affirmed. The Supreme Court, however, held that the 45-day limitationsperiod did not begin to run until Green actually submitted his […]
Contract/Noncompete/Trade Secret/Wrongful Termination*Kuri v. Matrix Center (10th Cir., May 18, 2016) (affirming dismissal of Kuri’s wrongful termination claim (for termination as a result of alleged methadone theft) for lack of federal jurisdiction)*Freres v. Xyngular (10th Cir., May 18, 2016) (affirming denial of Xyngular’s objecting to Freres’ motion for attorney’s fees following her prevailing at trial […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Winger v. Meade District Hospital (10th Cir., May 12, 2016) (affirming summary judgment in favor of the hospital on Winger’s liberty interest claim, but reversing as to Winger’s property interest claim in continued employment) Discrimination/Retaliation *Glapion v. Castro (HUD Secretary) (10th Cir., May 12, 2016) (affirming summary judgment in favor of HUD on Glapion’s […]
ERISACeco Concrete Construction, LLC, v. Centennial State Carpenters Pension Trust (10th Cir., May 3, 2016) (reversing summary judgement in favor of Ceco, because Ceco failed to comply with the Multiemployer Pension Plan Amendment Act (MPPAA))Miscellaneous*Broughton v. Merit Systems Protection Board (10th Cir., May 5, 2016) (affirming dismissal for failure to state an intelligible claim under Rule […]
Contract/Noncompete/Trade Secret/Wrongful Termination Brenner v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming Workforce Appeals Board determination that Brenner had been discharged for just cause was supported by substantial evidence) Needle v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming determination that Needle’s “program advocates” are employees rather than independent […]
