Discrimination ~ Retaliation *Brown v. Keystone Learning Services (10th Cir., February 11, 2020) (affirming summary judgment in favor of Keystone: Brown could not show pretext on his discrimination claim, nor could he show even a prima facie case of retaliation) *Mohn v. Progressive Insurance (10th Cir., February 10, 2020) (affirming summary judgment in favor of […]
Public Employees Haynes v. Department of Public Safety (Utah Ct. App., February 6, 2020) (reversing dismissal of Haynes’s breach of contract action: the relevant terms of the settlement agreement under which Haynes supposedly failed to perform were ambiguous) Wages Aguilar v. Management and Training Corp. (10th Cir., February 4, 2020) (reversing summary judgment in favor […]
Discrimination ~ Retaliation *Ade v. Conklin Cars Salina, LLC (10th Cir., January 30, 2020) (affirming summary judgment in favor of Conklin on her sex discrimination and retaliatory discharge claims: Ade did not show pretext, nor did the sales contest at issue trigger whistleblower law) *Cases marked with an asterisk are not binding precedent, except under […]
Contract ~ Noncompete ~ Trade-Secret ~ Wrongful Termination Heartwood Home v. Huber (Utah Ct. App., January 24, 2020) (affirming summary judgment in favor of defendants: Heartwood failed to include the contract in the record; nor did it carry its burden of persuasion on its claims for breach of confidentiality and loyalty) Workers Compensation ~ Occupational […]
ERISA & Employee Pension Plans Retirement Plans Committee of IBM v. Jander (U.S., January 14, 2020) (vacating judgment below and remanding for the 2nd Circuit to address arguments not addressed below regarding ERISA fiduciaries duty of prudence) Worker’ Compensation ~ Occupational Safety and Disease *Gutierrez v. Commissioner (10th Cir., January 13, 2020) (affirming decision below […]
Discrimination ~ Retaliation *Deere v. XPO Logistics Freight, Inc. (10th Cir., January 9, 2020) (affirming summary judgment in favor of XPO on his sex- and age-discrimination and retaliation claims: XPO’s actions were legitimate and nonpretextual) *Jackson v. Kansas City Kansas Public Schools Unified School District No. 500 (10th Cir., January 7, 2020) (affirming summary judgment […]
Workers’ Compensation ~ Occupational Safety and Disease Nielsen v. Labor Commission (Utah Ct. App., January 3, 2020) (Declining to disturb denial of claim for benefits: substantial evidence supported the Board determination that Nielsen’s back pain was not caused by his work at Walmart)
Discrimination ~ Retaliation *Dodson v. Flying Dove, Inc. (10th Cir., December 17, 2019) (affirming summary judgment in favor of flying dove (aka IHOP): Dodson could show no reversible error in the district court decision) *Miller v. Institute for Defense Analyses (10th Cir., December 20, 2019) (affirming summary judgment in favor of IDA on his false […]
