January Was A Busy Month for the Courts!

As you have probably noticed, it has been a long time since I posted anything on my blog.  Please excuse me for failing to do so.  From December 23rd to February 7th was an exceptionally busy time for me.  It included year-end partner meetings, a trial, and deposition preparations. In any event, in the approximate six […]

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Tenth Circuit: Jury Got It Right—Charter School Did Not Violate Teacher’s Right When It Banned Gossip and Discussions about School

In Dillon v. Twin Peaks Charter Academy, the Tenth Circuit Court of Appeals upheld a jury verdict against a teacher’s claims of violation of her free speech and association rights by a charter school.  The teacher claimed that the charter school’s ban on gossip and command “forbidding teachers from discussing school matters outside of school” […]

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Tenth Circuit: No Claim When Deputy Quit Rather than Accept Reassignment

In Lauck v. Campbell County, the Tenth Circuit upheld a district court’s ruling that dismissed a case against a sheriff’s department brought by a deputy after he was reassigned to the Civil Process Division.  Although the deputy claimed that his reassignment constituted a demotion, because his pay and rank were the same before the transfer, […]

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Tenth Circuit: Because Police Officer Was Given An Extensive Opportunity to Rebut Claims He Had No Complaint

In Skogen v. Overland Park, the Tenth Circuit ruled that a police officer who had been terminated for off-duty conduct had no complaint for a violation of due process because an extensive investigation was conducted before he was fired. The court also concluded that the police department had a significant interest in preserving the integrity […]

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Utah Court of Appeals: An Employee Who Requested to Rescind Resignation Still Considered to Have Quit Without Good Cause

In Issa v. DWS, the Utah Court of Appeals affirmed the decision of the Workforce Appeals Board which denied unemployment benefits to an employee who attempted to rescind his resignation.  The employee had resigned his employment after he was told he would be suspended for three days while the company investigated a second customer complaint.  […]

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Tenth Circuit: Municipality Not Liable for Employing Badly Trained Forensic Expert

In Bryson v. Oklahoma City, the Tenth Circuit Court of Appeals ruled that Oklahoma City had no liability for its failure to properly supervise and train an expert forensic chemist who had testified in a trial that DNA from the plaintiff was found on a rape victim even though the tests clearly exonerated the plaintiff. […]

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Tenth Circuit: Nurse who Resigned on Advice of Supervisor did not Have claim for Discrimination

In Chaplin v. Park Hospital District, Inc., the Tenth Circuit Court of Appeals ruled that a nurse who resigned her position in reliance upon her supervisor’s statement that she would likely become the new Unit Coordinator could not bring claims for disability discrimination and FMLA violations because the record established that being placed in that […]

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