Discrimination~Retaliation *Tastan v. Los Alamos National Security, LLC (10th Cir., April 15, 2020) (affirming summary judgment for Los Alamos on Tastan’s disability discrimination and retaliation claims: Tastan’s evidence was insufficient to prove discrimination or pretext) Miscellaneous *Palmer v. City and County of Denver (10th Cir., April 13, 2020) (affirming dismissal of Palmer’s second amended complaint […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Cook Martin Poulson v. Smith (Utah Ct. App., April 9, 2020) (affirming in part and reversing in part findings of contempt, entry of sanctions, and summary and final judgments in connection with injunction regarding noncompete agreement) Discrimination ~ Retaliation Babb v. Wilkie (U.S., April 6, 2020) […]
Discrimination ~ Retaliation *Fuller v. Kansas Department of Children and Families (10th Cir., March 30, 2020) (affirming dismissal and summary judgment in favor of Kansas on Fuller’s race, sex, and age discrimination claims: her challenges to the district court’s orders were either waived or meritless) Graham v. Albertson’s, LLC (Utah, March 31, 2020) (reversing partial […]
Defamation *Quigley v. Sporting Kansas City Soccer Club (10th Cir., March 25, 2020) (affirming dismissal of Quigley’s claims under FRCP 12(h)(3): Quigley raised only state-law claims, and there was insufficient diversity for jurisdiction) Discrimination and Retaliation *Zu v. Avalon Health Care, Inc. (10th Cir., March 23, 2020) (affirming summary judgment in favor of Avalon: Zu […]
Discrimination and Retaliation *Altschwager v. Progressive Casualty Insurance Company (10th Cir., March 19, 2020) (dismissing Altschwager’s appeal on her claims for age, gender, and disability discrimination, and retaliation for engaging in protected activities: Altschwager’s brief failed to adequately frame or develop any issues) *O’Kane v. Mead Johnson Nutrition Company (10th Cir., March 19, 2020) (affirming […]
HB 11 — Blood Alcohol Limit Amendments: amends the Workers’ Compensation Act regarding an employee’s blood or breath alcohol concentration. HB 12S2 — Abusive Conduct Reporting Amendments: addresses abusive conduct among state government employees, requiring an investigation if an abusive conduct complaint is made. HB 15 — Labor Commission Amendments: amends the Utah Labor Code […]
Miscellaneous Kansas v. Garcia (U.S., March 3, 2020) (reversing Kansas supreme court determination that federal law prohibits information on an I-9 form being used as the basis for state-law identity theft prosecution, in connection with the hiring of unauthorized aliens: Kansas statutes were not expressly preempted, and the assertion that information placed on an I-9 […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Rivero v. Board of Regents (10th Cir., February 24, 2020) (affirming summary judgment in favor of defendants: Rivero’s claim that his psychiatric examinations violated the Rehabilitation Act was untimely, and his constructive discharge claim failed because his working conditions were not objectively intolerable) ERISA and Employee […]
Wages Jordan v. Maxim Healthcare Services, Inc. (10th Cir., February 19, 2020) (reversing judgment in favor of Jordan et al. on their overtime claim: Colorado law carves out several exemptions from overtime wage requirements, including “companions,” even those employed by third parties)
