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 […]
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 […]
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 […]
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 […]
Discrimination ~ Retaliation Greer v. City of Witchita (10th Cir., December 3, 2019) (reversing summary judgment in defendants’ favor on Greer’s claims under the Uniformed Services Employment and Reemployment Rights Act: the factfinder could reasonably infer that military status motivated denial of interview, and that Greer would have obtained interview had she not been military) […]
Discrimination ~ Retaliation *Gaskin v. Science Applications International, Inc. (10th Cir., November 8, 2019) (affirming summary judgment in favor of SAI on Gaskin’s sex discrimination claim: SAI had a legitimate nondiscriminatory reason—inappropriate conduct—to terminate Gaskin) Tesone v. Empire Marketing Strategies (10th Cir., November 8, 2019) (reversing summary judgment in favor of Empire on Tesone’s ADA […]
