Contract / Noncompetition C.R. England v. Swift Transportation Company (Utah, February 27, 2019) (to prove intentional interference with an employment contract by improper means, based on violation of an established industry standard, the plaintiff must provide evidence of an objective, industry-wide standard) Discrimination / Retaliation *Davis v. BAE Systems Technology Solutions & Services Inc. (10th […]
Discrimination/Retaliation *Franken v. Bernhardt (10th Cir., February 11, 2019) (affirming dismissal of sexual-orientation discrimination and retaliation complaint by former Yellowstone Park employee: the district court was correct in holding the claims preempted by the Civil Service Reform Act) Bekkem v. Wilkie (10th Cir., February 12, 2019) (affirming summary judgment for Wilkie on Bekkem’s unequal pay […]
Contract/Noncompete/Trade Secret/Wrongful TerminationSkolnick v. Exodus Healthcare Network, PLLC (Utah Ct. App., November 8, 2018) (affirming summary judgment in favor of Skolnick on her claim for breach of contract: Exodus’s obligation to pay Skolnick was not subject to any condition precedent) Discrimination/Retaliation *Ombe v. State of New Mexico (10th Cir., November 8, 2018) (affirming judgment against […]
Discrimination/RetaliationSmith v. Cheyenne Retirement Investors (10th Cir., September 25, 2018) (affirming dismissal of Smith’s Title VII retaliation suit because she failed to exhaust her administrate remedies)ERISA*Green v. Life Insurance Company of North America (10th Cir., September 26, 2018) (affirming denial of long-term disability benefits under ERISA)*Cases marked with an asterisk are 10th Circuit cases the […]
Discrimination/Retaliation*Kent v. Commissioner (10th Cir., September 20, 2018) (affirming dismissal for failure to state a claim, based on his not meeting pleading requirements or alleging facts sufficient for a prima facie case)*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of […]
Discrimination/Retaliation*Salemi v. Colorado Public Employees’ Retirement Association (10th Cir., August 17, 2018) (affirming summary judgment for the Association as to Salemi’s discrimination and retaliation claims under under Title VII, § 1981, the First Amendment, and the FMLA)*McFarland v. City and County of Denver (10th Cir., August 17, 2018) (affirming summary judgment for Denver on McFarland’s failure-to-accommodate claim)Wages*Acosta v. […]
Discrimination/Retaliation*Muller v. Perdue (10th Cir., August 1, 2018) (affirming dismissal of retaliation and defamation claims: the court below did not abuse its discretion)*Williams v. SKF USA, Inc. (10th Cir., August 1,2018) (affirming final judgment against him on his hostile-work-environment claims: there is no basis for reversal)Workers Compensation/Occupational Safety and Disease*Otero v. Commissioner, SSA (10th Cir., August […]
Discrimination/Retaliation Bailey v. Independent School District (10th Cir., July 24, 2018) (reversing summary judgment in favor of school district: public employee’s letter seeking a reduced sentence for his relative is speech on a matter of public concern for First Amendment purposes)Armstrong v. the Arcanum Group, Inc. (10th Cir., July 27, 2018) (affirming summary judgment for […]
Discrimination/Retaliation*Dulany v. Brennan (10th Cir., June 7, 2018) (affirming summary judgment against Dulany on her retaliation and FMLA claims: Dulany could not show either retaliation or constructive discharge)*The court declared this case not to be binding precedent except under the doctrines of law of the case, res judicata, and/or collateral estoppel. It may be cited, […]
Discrimination/Retaliation*Harrington v. Ozark Waffle, LLC (10th Cir., May 29, 2018) (affirming dismissal: Harrington did not show any abuse of discretion in the trial court’s dismissal of his employment discrimination claim)*Rolland v. Carnation Building Services, Inc. (10th Cir., May 30, 2018) (affirming summary judgment in favor of Carnation: its reasons for terminating Rolland were consistent, and Rolland […]
