Cases — December 12th through 18th, 2021

Discrimination~Retaliation *Flores v. City of Farmington (10th Cir., December 13, 2021) (affirming judgment on the pleadings and summary judgment in favor of Farmington on the plaintiffs’ claims of First-Amendment free-speech retaliation and religious discrimination: because the first defendant’s speech was made pursuant to his official duties, it did not enjoy First-Amendment protection; the second defendant’s […]

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Former CEO not Entitled to Indemnification at this Point

In Flood v. ClearOne Communications, Inc., the Tenth Circuit Court of Appeals—the appellate court having jurisdiction over Utah—-overruled a Utah district court judges decision that an employer was required to continue to pay its former CEO’s criminal defense costs.  The district court had concluded that the agreement that the former CEO and ClearOne had reached […]

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Be Careful When You Negotiate Severance Agreements!

In Creative Consumer Concepts, Inc. v. Kreisler, the Tenth Circuit—the federal court having jurisdiction over Utah—discussed several evidentiary matters arising out of a severance agreement gone bad. Creative Consumer Concepts, Inc., terminated the employment of one of its vice presidents in 2004. In terminating the relationship, the company offered the vice president a severance agreement. […]

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