Discrimination/RetaliationFassbender v. Correct Care Solutions, LLC (10th Cir., May 15, 2018) (reversing summary judgment in favor of Fassbender on her pregnancy discrimination claim but affirming summary judgment on her retaliation claim as CCS’s explanation could reasonably be seen as pretextual)MiscellaneousXyngular v. Schenkel (10th Cir., May 15, 2018) (affirming imposition of sanctions for prelitigation conduct)
Workers Compensation/Occupational Safety & DiseaseDavis v. Labor Commission (Utah Ct. App., April 26, 2018) (declining to disturb Commission determination that worker was not acting in the course of his employment at the time of his accident: discussion of the instrumentality exception to the “going and coming” rule—the truck was not an instrumentality of company’s business)Pittman v. Berryhill […]
Contract/Noncompete/Trade Secret/Wrongful Termination*Nolan-Bey v. Wickham Glass, Inc. (10th Cir., March 15, 2018) (affirming dismissal of Nolan-Bey’s frivolous failure-to-train and termination claims)Discrimination/Retaliation*Balding v. Sunbelt Steel Texas, Inc. (10th Cir., March 13, 2018) (affirming summary judgent in favor of Sunbelt on Balding’s FMLA and ADA claims, but reversing on his state breach of contract claim)*Trimble v. Board […]
Discrimination/Retaliation/Wrongful TerminationKnopf v. Williams (10th Cir., March 5, 2018) (reversing summary judgment denying Mayor Williams qualified immunity on Knopf’s protected-speech retaliation claim: Knopf did not carry his burden to show violation of an established constitutional right: his speech was not protected private speech)*Sidlo v. MillerCoors, LLC (10th Cir., March 7, 2018) (affirming summary judgment for […]
Discrimination/Retaliation*Starr v. Quiktrip Corporation (10th Cir., March 1, 2018) (affirming judgment in favor of Quiktrip on Starr’s Uniformed Services Employment & Reemployment Rights Act: Starr did not show any reversible error.*Winston v. Ross (10th Cir., February 27, 2018) (affirming summary judgment in favor of the National Weather Service (Ross): Winston did not establish a prima facie discrimination […]
Discrimination/Retaliation *Campos v. Mantech International Corporation (10th Cir., February 13, 2018) (affirming denial of Rule 60(b) motion for reconsideration: such a motion is not the appropriate way to present arguments that could have been raised previously, nor as a substitute for taking an appeal) *Gatewood v. VA GOV. Compensation (10th Cir., February 13, 2018) (affirming dismissal of […]
Discrimination/Retaliation *Gardenhire v. Manville (10th Circuit, February 7, 2018) (affirming summary judgment in favor of Manville on Gardenhire’s ADA claims (Manville made reasonable accommodations) and his FMLA claims for retaliation (lack of causation), interference (none with his FMLA rights), and Title VII racial discrimination (white employees were not similarly situated)) Workers Compensation/Occupational Safety and Disease Spring Creek […]
Contract/Noncompete/Trade Secret/Wrongful Termination Zimmerman v. University of Utah (Utah, January 23, 2018) (notice of termination may be an adverse employment action (independent of actual termination) sufficient to trigger the running of the 180-day filing limitation) Discrimination/Retaliation*Young v. City of Idabel (10th Cir., January 26, 2018) (affirming summary judgment in favor of Idabel: Young failed to show […]
Discrimination/RetaliationLincoln v. Maketa (10th Cir., January 17, 2018) (reversing denial of qualified immunity to defendants on plaintiffs’ claim of retaliation for protected speech)Tabura v. Kellogg (10th Cir., January 17, 2018) (reversing summary judgment in favor of Kellogg on Plaintiffs’ religious failure-to-accommodate claims)
Discrimination/RetaliationEqual Employment Opportunity Commission v. Ali (10th Cir., December 28, 2017) (affirming judgment for Jetstream on Muslim women’s discrimination claim: disposal of records was not in bad faith; refusal to give adverse-inference instruction was not abuse of discretion) *Mottas v. Department of the Army (10th Cir., December 27, 2017) (affirming Merit Systems Protection Board denial of […]
