Cases — January 17th through 23rd, 2021
No Cases
Author: Scott Ellsworth
Cases — January 10th through 16th, 2020
Contract ~ Noncompete ~ Trade-Secrets ~ Wrongful Termination *Goss v. Cathey (10th Cir., January 12, 2021) (affirming denial of post-judgment motion to reopen and amend: the district court’s failure to explain its denial was harmless error since Goss identified no new facts or law) Public Employers ~ Employees *Metzler v. City of Colorado Springs (10th […]
Cases — January 3rd through 9th, 2021
Discrimination ~ Retaliation *English v. Small Business Administration (10th Cir., January 5, 2021) (affirming summary judgment to the SBA on English’s Civil Rights claims of race discrimination and retaliation: English could not establish a genuine issue of material fact as to SBA’s rationale for his termination being illegitimate or discriminatory) *Bowles v. Grant Trucking (10th […]
Cases — December 27th, 2020, through January 2nd, 2021
Public Employers ~ Employees Fenn v. City of Truth or Consequences (10th Cir., December 29, 2020) (affirming summary judgment on Fenn’s supervisory liability claims: a municipality may not be held liable where there is no underlying constitutional violation by any of its officers) Crowson v. Washington County (10th Cir., December 29, 2020) (reversing denial of […]
Cases — December 20th through 26th, 2020
Discrimination ~ Retaliation Baca v. Department of the Army (10th Cir., December 22, 2020) (affirming Merit Systems Protection Board determination that Baca’s termination was not unlawful retaliation for whistleblowing: Baca made no disclosure that would trigger whistleblower protection; rather, he attempted to intimidate a witness into making a false statement) [Revising opinion of September 2, […]
Cases — December 13th through 19th, 2020
Workers Compensation ~ Occupational Safety and Disease Medina v. Dumas Concrete Construction LLC (Utah Ct. App., December 17, 2020) (reversing summary judgment in favor of Dumas on Medina’s claim that he was terminated for seeking workers compensation benefits: Medina presented sufficient circumstantial evidence that his seeking benefits was a substantial factor in his termination) *Mannan […]
Cases — December 6th through 12th, 2020
Contract~Noncompete~Trade Secret~Wrongful Termination Alfaro-Huitron v. Cervantes Agribusiness (10th Cir., December 11, 2020) (reversing summary judgment in favor of Cervantes on Plaintiff’s claims for breach of contract and violation of the Migrant and Seasonal Agricultural Worker Protection Act: the evidence suffices for a finding that the hiring contractor was acting as Cervantes’s agent when it […]
Cases — November 29th through December 5th, 2020
Discrimination~Retaliation *Kawahara v. Guaranty Bank and Trust (10th Cir., December 2, 2020) (affirming summary judgment in favor of Guaranty on Kawahara’s gender-, race-, and age-discrimination claims: Kawahara could not demonstrate pretext) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
Cases — November 22nd through 28th, 2020
Discrimination~Retaliation *Padilla v. Mnuchin (10th Cir., November 25, 2020) (affirming summary judgment against Padilla on her retaliation and discrimination claims based on her employment with the IRS: Padilla failed to refute the district court determination; she failed to exhaust her administrative remedies; and she failed to demonstrate any discrimination or unreasonableness in the IRS denial […]
