Workers Compensation/Occupational Safety and Disease *Trujillo v. Colvin (10th Cir.,September 24, 2015) (reversing district court affirmation of the ALJ’s denialof social security benefits to Trujillo) Flowell Electric Association, Inc., v. RhodesPump, LLC (Utah S.Ct., September 25, 2015) (reversing grant of summary judgement based onthe presence of unresolved factual issues) Discrimination and Retaliation *Ingila v. Dish Network […]
Contract/Noncompete/Trade Secret/Wrongful Termination Ray v. Wal-Mart Stores (Utah S.Ct., September 17, 2015) (answering question certified by the federal district court in the affirmative: “We conclude that the policy favoring the right of self-defense is a public policy of sufficient clarity and weight to qualify as an exception to the at-will employment doctrine,” limited to situations in […]
Discrimination & Retaliation *Arabalo v. City of Denver (10th Cir., September 9, 2015) (affirming district court’s dismissal of Arabalo’s hostile-work-environment claim for failure to exhaust her administrative remedies and summary judgment in favor of Denver) Contract/Noncompete/Trade Secret/Wrongful Termination Teufel v. Department of the Army (10th Cir.,September 9, 2015) (dismissing for lack of jurisdiction)*Cases marked with […]
Disability Oliver v. Labor Commission (Utah Ct. App.,September 3, 2015) (setting aside commission denial of permanent totaldisability benefits as based upon incorrect legal standards and allowing the ALJ’s order to stand) Discrimination & Retaliation Zisumbo v. Ogden Regional Medical Center (10th Cir.,September 4, 2015) (affirming Zisumbo’s retaliation award as set by the courtbelow) Workers’ Compensation Helf v. Chevron, U.S.A., Inc. (Utah S.Ct.,September 4, […]
Discrimination & Retaliation Osborne v. Baxter Healthcare Corporation (10th Cir.,August 24, 2015) (reversing summary judgement in favor of Baxter Healthcare because there remains a genuine issue of material fact as to Osborne’s ability to perform the work at issue) *Macias v. Southwest Cheese Company, LLC (10th Cir.,August 24, 2015) (reversing summary judgement for Southwest Cheese […]
Wages Utley v. Mill Man Steel, Inc. (Utah S.Ct., August 20,2015) (reversing summary judgment in Utley’s favor, allowing a determination asto whether evidence warranted an offset against Utley’s unpaid commission) Workers’ Compensation Right Way Trucking v. Labor Commission (Utah Ct. App., August20, 2015) (affirming ALJ’s denial of motion for reconsideration and admittingthe medical panel report)
Unemployment Unck v. Department of Workforce Services (Utah Ct. App., August 13, 2015)(upholding Board order that Unck repay unemployment benefits and imposing afraud penalty) Discrimination *Grubbs v. The Salvation Army (10th Cir., August 13, 2015) (affirmingsummary judgment in favor of the Salvation Army because Grubbs failed to show adiscriminatory pretext) Miscellaneous—Procedure *Martinv. Mt. St. Mary’s […]
Disability *Cochranv. Colvin (10th Cir., August 3, 2015) (affirming denial ofdisability insurance benefits) Workers Compensation Martinezv. Angel Exploration, LLC (10th Cir., August 4, 2015)(affirming summary judgment as to employer’s intentional tort liability) Discrimination and Retaliation Pang v.International Document Services (Utah, August 5, 2015) (affirmingdismissal: Utah Rule of Professional Conduct 1.13(b) does not reflect a clearand […]
ERISAMartinez v. the Plumbers and Pipefitters National Pension Plan (10th Cir., July 29, 2015) (upholding denial of request to convert early retirement pension to disability pension) Miscellaneous*Janczak v. Tulsa Winch (10th Cir., July 30, 2015)(reversing and remanding summary judgment against Janczak on claim of interference with FMLA leave) Discrimination and Retaliation*Didier v. Abbott Laboratories (10th Cir., July 31, 2015)(affirming summary judgement […]
