Cases — January 19th through 25th, 2020

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 […]

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Cases — November 17th through 23rd, 2019

Unemployment Appeals Utah Paiute Tribal Housing Authority, Inc., v. Dept. of Workforce Services (Utah Ct. App., November 21, 2019) (affirming the Workforce Appeals Board decision that the Housing Authority’s employee was terminated without just cause and is thus entitled to unemployment benefits) *Cases marked with an asterisk are not binding precedent, except under the doctrines […]

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Cases — November 10th through 16th, 2019

Workers’ Compensation ~ Occupational Safety and Disease Pritchard v. Labor Commission (Utah Ct. App., November 15, 2019) (affirming denial of workers’ compensation benefits: Pritchard’s spinal condition was not caused, aggravated, or worsened by her work exposure) *Progressive Northern Insurance Company v. Peavler (10th Cir., November 13, 2019) (affirming summary judgment in favor of Progressive: Peavler’s […]

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Cases — August 25th through 31st, 2019

Defamation *Williams v. United States (10th Cir., August 28, 2019) (affirming dismissal of defamation claim and Bivens action) Discrimination ~ Retaliation Singh v. Cordle (10th Cir., August 28, 2019) (reversing denial of summary judgment in favor of Cordle on First Amendment retaliation claim, but affirming on remaining claims) Public Employers ~ Employees *Alcorn v. La […]

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Cases — August 18th through 24th, 2019

Discrimination~Retaliation *Cowley v. West Valley City (10th Cir., August 20, 2019) (affirming summary judgment in favor of West Valley on Cowley’s retaliation/whistleblower claim) McGraw v. University of Utah (Utah Ct. App., August 22, 2019) (reversing denial of University’s motion to dismiss McGraw’s retaliation/whistleblower action: McGraw failed to strictly comply with the Governmental Immunity Act) *Cases […]

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Cases — May 19th through 25th, 2019

Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Conner v. Department of Commerce (Utah Ct. App., May 23, 2019) (affirming dismissal of Conner’s wrongful termination claim: Conner failed to show that the Utah State Personnel Management Act (Utah Code § 67-19-15) creates a private right of action) Discrimination ~ Retaliation Sasser v. Salt Lake […]

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Cases — April 28th through May 4th, 2019

Discrimination / Retaliation *Provencio v. Intel Corporation (10th Cir., April 30, 2019) (affirming summary judgment in favor of Intel on her retaliation and hostile work environment claims) False Claim Act United States ex rel. Reed v. Keypoint Government Solutions (10th Cir., April 30, 2019) (vacating summary judgment against Reed on her claim that Keypoint fraudulently […]

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Cases — April 21st through 27th, 2019

Discrimination / Retaliation *Braxton v. Nortek Air Solutions, LLC (10th Cir., April 23, 2019) (affirming summary judgment for Nortek: Plaintiffs could not state a prima facie case for discrimination or retaliation) ERISA Teets v. Great-West Life and Annuity (10th Cir., April 22, 2019) (denying en-banc rehearing: the original holding stands: Great-West does not act as […]

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Cases — April 14th through 20th, 2019

Discrimination / Retaliation *Cirocco v. McMahon (10th Cir., April 15, 2019) (affirming determination that Cirocco failed to exhaust administrative remedies, but remanding with instructions (a) to vacate dismissal for lack of jurisdiction and (b) to dismiss without prejudice for failure to exhaust) *Phan v. Colorado Legal Services (10th Cir., April 16, 2019) (affirming dismissal of […]

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