Contract/Noncompete/Trade Secret/Wrongful TerminationBeckman v. Cybertary Franchising (Utah Ct App, March 22, 2018) (reversing and remanding for new trial decision against Beckman on her wrongful termination claim and denial of her request for prejudgment interest, vacating award for attorney fees to Cybertary, and reversing fee award to other defendants)ERISA and Employee Pension PlanCyan, Inc., v. Beaver […]
Contract/Noncompete/Trade Secret/Wrongful Termination*Nolan-Bey v. Wickham Glass, Inc. (10th Cir., March 15, 2018) (affirming dismissal of Nolan-Bey’s frivolous failure-to-train and termination claims)Discrimination/Retaliation*Balding v. Sunbelt Steel Texas, Inc. (10th Cir., March 13, 2018) (affirming summary judgent in favor of Sunbelt on Balding’s FMLA and ADA claims, but reversing on his state breach of contract claim)*Trimble v. Board […]
Discrimination/Retaliation/Wrongful TerminationKnopf v. Williams (10th Cir., March 5, 2018) (reversing summary judgment denying Mayor Williams qualified immunity on Knopf’s protected-speech retaliation claim: Knopf did not carry his burden to show violation of an established constitutional right: his speech was not protected private speech)*Sidlo v. MillerCoors, LLC (10th Cir., March 7, 2018) (affirming summary judgment for […]
Discrimination/Retaliation*Starr v. Quiktrip Corporation (10th Cir., March 1, 2018) (affirming judgment in favor of Quiktrip on Starr’s Uniformed Services Employment & Reemployment Rights Act: Starr did not show any reversible error.*Winston v. Ross (10th Cir., February 27, 2018) (affirming summary judgment in favor of the National Weather Service (Ross): Winston did not establish a prima facie discrimination […]
Contract/Noncompete/Trade Secret/Wrongful Termination Salo v. Tyler (Utah, February 22, 2018) (affirming summary judgment in favor of University of Utah Hospital pharmacy employees on Salo’s defamation and other claims: defendants acted within the scope of their employment: they were engaged in the type of work they were employed to perform and their actions were not willful) […]
Discrimination/Retaliation *Campos v. Mantech International Corporation (10th Cir., February 13, 2018) (affirming denial of Rule 60(b) motion for reconsideration: such a motion is not the appropriate way to present arguments that could have been raised previously, nor as a substitute for taking an appeal) *Gatewood v. VA GOV. Compensation (10th Cir., February 13, 2018) (affirming dismissal of […]
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 Disease Spring Creek […]
Workers Compensation/Occupational Safety and Disease*Streeter v. Berryhill (10th Cir., February 2, 2018) (affirming denial of disability benefits: Streeter failed to assert any factual or legal challengeto the decision)*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 […]
Contract/Noncompete/Trade Secret/Wrongful Termination Zimmerman v. University of Utah (Utah, January 23, 2018) (notice of termination may be an adverse employment action (independent of actual termination) sufficient to trigger the running of the 180-day filing limitation) Discrimination/Retaliation*Young v. City of Idabel (10th Cir., January 26, 2018) (affirming summary judgment in favor of Idabel: Young failed to show […]
Discrimination/RetaliationLincoln v. Maketa (10th Cir., January 17, 2018) (reversing denial of qualified immunity to defendants on plaintiffs’ claim of retaliation for protected speech)Tabura v. Kellogg (10th Cir., January 17, 2018) (reversing summary judgment in favor of Kellogg on Plaintiffs’ religious failure-to-accommodate claims)
