Author: admin

Cases — October 29th through November 4th (2017)

Contract/Noncompete/Trade Secret/Wrongful Termination First Western Capital Management Co. v. Malamed (10th Cir., October 30, 2017) (reversing grant of preliminary injunction:  First Western should have been required to demonstrate irreparable harm from alleged misappropriation of trade secrets;because it could not, the preliminary injunction was unwarranted.) Discrimination/Retaliation *Johnston v. Hunter Douglas Window Fashions, Inc. (10th Cir., November 2, […]

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Cases — October 22nd through 28th (2017)

Contract/Noncompete/Trade Secret/Wrongful TerminationAugustus v. Vernal City (Utah Ct. App., October 26, 2019) (declining to disturb the city’s decision to uphold Augustus’s termination:  the city’s board did not violate Augustus’s due process notice right)Lamont v. Riverton City Board of Appeals (Utah Ct. App., October 26, 2017) (declining to overturn Lamont’s termination for his refusal to take an alcohol […]

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Cases — October 15th through 21st (2017)

Discrimination/Retaliation*Garcia v. City of Farmington (10th Cir., October 20, 2017) (affirming summary judgment in favor of Farmington:  Garcia’s characterization of Farmington’s perception of her cannot support liability for either discrimination or retaliation)ERISAOwings v. United of Omaha (10th Cir., October 17, 2017) (reversing summary judgment in favor of United, which was arbitrary and capricious in determining the date […]

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Cases — October 1st through 7th (2017)

Discrimination/Retaliation*Barrington v. United Airlines, Inc. (10th Cir., October 4, 2017) (reversing verdict in favor of United because the court erroneously failed to instruct the jury on pretext, which a reasonable jury could have found based on the evidence)Workers Compensation/Occupational Safety and Disease*White v. Berryhill (10th Cir., October 4, 2017) (affirming denial of disability benefits: substantial […]

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Cases — September 17th through 23rd (2017)

Discrimination/Retaliation *Brown v. LaFerry’s LP Gas Co., Inc. (10th Cir., September 19, 2017) (affirming dismissal, for failure to state a claim, of Brown’s racial discrimination and retaliation claims under Title VII of the Civil Rights Act: his coworkers refusal to speak to him did not, in the court’s opinion, create a hostile work environment or […]

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Cases — September 10th through 16th

Discrimination/RetaliationSanchez v. US Department of Energy (10th Circuit, September 11, 2017) (vacating judgment on the pleadings as to Sanchez’s failure-to-accommodate claim, based on his dismissal because his Mixed Receptive-Expressive Language Disorder was a threat to national security. But the court affirmed the dismissal of his retaliation, disparate treatment, and procedural due process claims)Wages*Jimenez and Bustillos v. Board […]

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Cases — September 3rd through 9th

Discrimination/Retaliation EEOC v. College America Denver, Inc. (10th Cir., September 5, 2017) (reversing dismissal as moot of unlawful-interference claim) Workers Compensation/Occupational Safety and Disease Par Electrical v. Labor Commission (Utah Ct. App., September 8, 2017) (declining to disturb Commission affirmance of ALJ order awarding disability compensation under the Workers’ Compensation Act for 2006 work accident:  […]

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Cases — August 27th through September 2nd

Discrimination/Retaliation*Villecco v. Vail Resorts, Inc. (10th Cir., August 27, 2017) (affirming dismissal of Villecco’s employment discrimination claim for failure to prosecute his claim, and subsequent denial of FRCP 60(b) motion for relief)*Webster v. Shulkin (10th Cir., August 31, 2017) (affirming summary judgment in favor of Shulkin and the Department of Veterans’ Affairs on Webster’s age-discrimination and […]

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