Contract/Noncompete/Trade Secret/ Wrongful Termination*Arbogast v. State of Kansas (10th Cir., October 10, 2018) (affirming 12(b)(6) dismissal based on Arbogast’s failure to satisfy the Rehabilitation Act’s statute of limitations)First American Title Insurance Company v. Northwest Title Insurance Agency (10th Cir., October 9, 2018) (affirming jury award against former employees who left to form a competing company, encouraging others […]
Discrimination/Retaliation Payan v. United Parcel Service (10th Cir., October 4, 2018) (affirming summary judgment in favor of UPS on Payan’s racial discrimination and breach of both contract and the covenant of good faith and fair dealing: critical elements were missing from each claim)*Jara v. Standard Parking (10th Cir., October 2, 2018) (affirming dismissal of discrimination claim […]
Discrimination/RetaliationSmith v. Cheyenne Retirement Investors (10th Cir., September 25, 2018) (affirming dismissal of Smith’s Title VII retaliation suit because she failed to exhaust her administrate remedies)ERISA*Green v. Life Insurance Company of North America (10th Cir., September 26, 2018) (affirming denial of long-term disability benefits under ERISA)*Cases marked with an asterisk are 10th Circuit cases the […]
Discrimination/Retaliation*Kent v. Commissioner (10th Cir., September 20, 2018) (affirming dismissal for failure to state a claim, based on his not meeting pleading requirements or alleging facts sufficient for a prima facie case)*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of […]
Workers Compensation/Occupational Safety and Disease*Keller v. Commissioner (10th Cir., September 13, 2018) (affirming dismissal of Keller’s pro se social-security-benefits complaint for failure of the short-and-plain-statement requirement)*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Johns Manville Corporation v. Knauf Insulation, LLC (10th Cir., September 5, 2018) (affirming denial of Manville’s motion for a new trial on its trade secrets claim—lengthy procedural discussion) Miscellaneous Kyco Services, LLC, v. Department of Workforce Services (Utah Ct. App., September 7, 2018) (affirming, as supported by substantial evidence, determination that Kyco failed […]
Wages Dish Network, L.L.C., v. Ray (10th Cir., August 21, 2018) (affirming denial of Dish Network’s petition to vacate class arbitration award)Workers Compensation/Occupational Safety and DiseaseF.H. Coatings, LLC, v. Acosta (10th Cir., August 20, 2018) (affirming OSH commission order penalizing F.H. Coatings for violation of the Occupational Safety and Health Act, resulting in the death of […]
Discrimination/Retaliation*Salemi v. Colorado Public Employees’ Retirement Association (10th Cir., August 17, 2018) (affirming summary judgment for the Association as to Salemi’s discrimination and retaliation claims under under Title VII, ยง 1981, the First Amendment, and the FMLA)*McFarland v. City and County of Denver (10th Cir., August 17, 2018) (affirming summary judgment for Denver on McFarland’s failure-to-accommodate claim)Wages*Acosta v. […]
MiscellaneousVander Veur v. Groove Entertainment Technologies (Utah Ct. App., August 9, 2018) (breach of the implied covenant of good faith may be asserted after termination to protect from opportunistic interference an at-will employee’s justified expectation of the fruit of a compensation agreement)
