Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Williams v. United States (10th Cir., April 22, 2021) (dismissing Williams’ appeal for lack of subject matter jurisdiction: Williams raised no nonfrivolous argument for reversal of the the district court’s grant of summary judgment in favor of the United States on his claims for tortious interference […]
Discrimination ~ Retaliation *Thomas v. Farmers Insurance Exchange (10th Cir., April 14, 2021) (affirming summary judgment in favor of Farmers on Thomas’s sexual-orientation discrimination and retaliation claims: there was no direct evidence of discrimination or retaliation, and no showing of pretext) Workers’ Compensation ~ Occupational Safety and Disease *Keenan, Hopkins, Suder, and Stowell Contractors, Inc. […]
Discrimination ~ Retaliation *Fisher v. Basehor-Linwood Unified School District (10th Cir., March 16, 2021) (affirming summary judgment in favor of the school district on Fisher’s claims for disability discrimination and retaliation: Fisher presented no evidence that her the principal’s inquiry regarding her disability was inconsistent with the District’s business needs, and thus proper, nor could […]
Discrimination ~ Retaliation *Dennis v. Fitzsimons (10th Cir., March 3, 2021) (affirming summary judgment in favor of Fitzsimons on Dennis’s disability discrimination claim: Dennis failed to offer any evidence of a causal connection between his alcoholism and his discharge) Miscellaneous Tanner v. McMurray (10th Cir., March 2, 2021) (reversing summary judgment granting defendants qualified immunity […]
Discrimination ~ Retaliation *DeSanzo v. AHS Southcrest Hospital, LLC (10th Cir., January 28, 2021) (affirming summary judgment in favor of AHS on DeSanzo’s age discrimination an retaliation claims: DeSanzo could not establish that AHS’s reason for her termination was pretextual) Miscellaneous *Oldenburg v. American Modern Insurance Company, Inc. (10th Cir., January 26, 2021) (reversing summary […]
Discrimination ~ Retaliation *English v. Small Business Administration (10th Cir., January 5, 2021) (affirming summary judgment to the SBA on English’s Civil Rights claims of race discrimination and retaliation: English could not establish a genuine issue of material fact as to SBA’s rationale for his termination being illegitimate or discriminatory) *Bowles v. Grant Trucking (10th […]
Discrimination ~ Retaliation Baca v. Department of the Army (10th Cir., December 22, 2020) (affirming Merit Systems Protection Board determination that Baca’s termination was not unlawful retaliation for whistleblowing: Baca made no disclosure that would trigger whistleblower protection; rather, he attempted to intimidate a witness into making a false statement) [Revising opinion of September 2, […]
Contract~Noncompete~Trade Secret~Wrongful Termination Alfaro-Huitron v. Cervantes Agribusiness (10th Cir., December 11, 2020) (reversing summary judgment in favor of Cervantes on Plaintiff’s claims for breach of contract and violation of the Migrant and Seasonal Agricultural Worker Protection Act: the evidence suffices for a finding that the hiring contractor was acting as Cervantes’s agent when it […]
Discrimination~Retaliation *Kawahara v. Guaranty Bank and Trust (10th Cir., December 2, 2020) (affirming summary judgment in favor of Guaranty on Kawahara’s gender-, race-, and age-discrimination claims: Kawahara could not demonstrate pretext) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
Discrimination~Retaliation *Padilla v. Mnuchin (10th Cir., November 25, 2020) (affirming summary judgment against Padilla on her retaliation and discrimination claims based on her employment with the IRS: Padilla failed to refute the district court determination; she failed to exhaust her administrative remedies; and she failed to demonstrate any discrimination or unreasonableness in the IRS denial […]
