CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION Atlas Biologicals v. Biowest, et al. (10th Cir., October 11, 2022) (affirming summary judgment in favor of Atlas on its claim for declaratory judgment that former employee’s transfer of 7% interest in Atlas to Atlas’s rival Biowest was legally invalid) *Cases marked with an asterisk are […]
Labor Unions *Hampton v. Bakery, Confectionery & Tabacco Workers (10th Cir., September 21, 2022) (affirming dismissal, for failure to state a claim, of Hampton’s complaint alleging breach of the duty of fair representation and race discrimination) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res […]
Discrimination ~ Retaliation *Crews v. Austin (10th Cir., September 12, 2022) (affirming summary judgment in favor of Crews’s employer, the Department of Defense, on her claims for Title VII retaliation, intentional infliction of emotional distress, and disability discrimination: Crews did not offer sufficient justification for her delay in seeking Rule 60(b) relief) *Braithwaite v. United […]
Discrimination~Retaliation *Gabriel v. Trans Am Trucking Co. (10th Cir., August 25, 2022) (affirming dismissal of Gabriel’s complaint under the ADA and motion to recuse: The complaint was incomprehensible, and Gabriel showed no viable evidence of bias) Ford v. Jackson National Life Insurance Co. (10th Cir., August 23, 2022) (affirming dismissal of Ford’s discrimination claim, but […]
Discrimination~Retaliation *Nortey v. St. John Medical Center, Inc. (10th Cir., August 11, 2022) (affirming summary judgment in favor of St. John on Nortey’s discrimination, retaliation, and other claims: Nortey’s only claims on appeal—that the judge was biased and that St. John’s counsel improperly deposed her while her cognition was impaired—were not presented below and could […]
Discrimination~Retaliation *Martin v. Public Service Company of Colorado (10th Cir., July 28, 2022) (affirming judgment in favor of defendant on Martin’s race- and sex-discrimination claims: Martin failed to demonstrate that the trial court abused its discretion in giving the statute-of-limitation instruction to the jury) *Cases marked with an asterisk are not binding precedent, except under […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination General Water Technologies, Inc., v. Van Zweden (Utah Ct. App., July 14, 2022) (affirming jury determination that defendants were liable for misappropriation of trade secret design of water-filtration system, but reversing its determination of liability for misappropriation of secret pricing information) Discrimination ~ Retaliation *Drevaleva v. […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Kennedy v. Bremerton School District (U.S., June 27, 2022) (reversing summary judgment in favor of the school district on Kennedy’s first-amendment religious-freedom claim: the free-exercise and free-speech clauses of the first amendment protect an individual engaging in a personal religious observance (prayer)from government reprisal; the Constitution […]
Discrimination ~ Retaliation *Rushing v. Granholm (10th Cir., May 27, 2022) (affirming summary judgment in favor of the defendants on Rushing’s claims for disability, national-origin, and sexual-orientation discrimination and retaliation for his filing an equal employment opportunity complaint: Rushing failed to present sufficient evidence of an adverse employment action, nor did he demonstrate pretext on […]
DISCRIMINATION ~ RETALIATION Cummings v. Premier Rehab Keller, PLLC (U.S., April 28, 2022) (affirming denial of emotional distress damages in connection with Cummings’ claim of disability discrimination for Premier Rehab’s failure to provide an ASL interpreter in violation of the Rehabilitation Act of 1973 and the Affordable Care Act: damages for emotional harm are not […]
