Discrimination~Retaliation Baca v. Department of the Army (10th Cir., September 2, 2020) (affirming the Merit Systems Protection Board’s determination that Baca’s termination was not unlawful retaliation for whistleblowing: attempting to intimidate a witness into providing a false statement is not protected conduct under the Whistleblower Protection Act) *Cases marked with an asterisk are not binding […]
Discrimination ~ Retaliation *Earles v. Cleveland (10th Cir., August 28, 2020) (affirming dismissal with prejudice of the due process theories in connection with Earles’s sex discrimination claim: Earles failed to raise a liberty interest worthy of procedural due process protection) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law […]
Workers’ Compensaton ~ Occupational Safety and Disease Arreguin-Leon v. Hadco Construction, LLC (Utah, August 17, 2020) (affirming remand for new trial on Arreguin’s claims against Hadco for failure to protect its workers from highway traffic: Arreguin prevailed at trial but the trial court allowed him to elicit undisclosed expert testimony, which the Court of Appeals […]
Discrimination~Retaliation Hickey v. Brennan (10th Cir., August 14, 2020) (affirming summary judgment in favor of the Postal Service on Hickey’s discrimination claim: Hickey did not exhaust her administrative remedies by contacting an Equal Employment Office counselor within 45 days of termination) *Cases marked with an asterisk are not binding precedent, except under the doctrines of […]
Discrimination ~ Retaliation *Robinson v. Barrett (10th Cir., August 7, 2020) (affirming summary judgment in favor of Barrett, the secretary of the Air Force, on Robinson’s retaliation claim: she failed to raise a genuine issue of material fact as to whether the reasons for the Air Force’s actions were pretextual) *Cejka v. Vectrus Systems Corporation […]
Discrimination ~ Retaliation Bunn v. Perdue (10th Cir., July 28, 2020) (dismissing as untimely Bunn’s challenge to summary judgment in favor of Perdue) *Jorita v. Gray-Little (10th Cir., July 27, 2020) (reversing denial of qualified immunity to administrators of the University of Kansas on Jorita’s claim that she was fired in retaliation for exercising her […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Wyles v. Brady (10th Cir., July 22, 2020) (affirming dismissal of Wyles’s claims against Brady for malicious prosecution and outrageous conduct in connection with Wyles’s termination (for fraud and misappropriation of trade secrets) after seeking to reveal misconduct by corporate officers: Insufficient contacts existed between Brady and Colorado to establish personal […]
Contract ~ Noncompete ~ Trade Secret~ Wrongful Termination *Channon v. Tavanger (10th Cir., July 14, 2020) (affirming dismissal: Channon’s claims failed under applicable California law regarding employment questions because he could not show that the federal charges against him did not result in conviction, and his civil conspiracy claims were not actionable) Discrimination ~ Retaliation *Bethscheider v. Westar Energy (10th […]
Discrimination ~ Retaliation Our Lady of Guadalupe School v. Morrissey-Berru (U.S., July 8, 2020) (reversing judgment in favor of plaintiffs on their disability- and age-discrimination claims: as employees of religious institutions, the First Amendment’s religion clauses foreclose the adjudication of their employment-discrimination claims) *Wilson v. Textron Aviation, Inc. (10th Cir., July 8, 2020) (affirming summary […]
