Workers’ Compensation / Occupational Safety and Disease *Alford v. Commissioner, SSA (10th Cir., April 5, 2019) (affirming dismissal, for lack of jurisdiction, of Alford’s suit seeking disability and social security benefits) Clean Harbors Environmental Services v. Labor Commission (Utah Ct. App., April 4, 2019) (upholding award of permanent total disability benefits: considering applicable medical evidence […]
ERISA Teets v. Great-West Life & Annuity Insurance Company (10th Cir., March 27, 2019) (affirming summary judgment for Great-West: GW was not a fiduciary, and Teets did not adduce sufficient evidence to impose liability as a nonfiduciary party in interest) Miscellaneous Zak v. Department of Workforce Services (Utah Ct. App., March 28, 2019) (declining to […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Hawg Tools, LLC, v. Newsco International (10th Cir., December 18, 2018) (affirming denial of motion to reopen claims for trade secret misappropriation of a trade secret; the district court correctly held it barred by claim preclusion)Discrimination/Retaliation*Medearis v. City of Tahlequah (10th Cir., December 21, 2018) (affirming summary judgment in favor of the […]
Retirement, ERISA and Employee Pension PlansHackford v. Utah State Retirement Board (Utah Ct. App., November 16, 2018) (declining to disturb the Board’s decision that Hackford’s early retirement is subject to the early retirement reduction)Workers Compensation*Lauer v. Commissioner (10th Cir., November 14, 2018) (reversing denial of disability benefits: the ALJ failed to properly take into account Lauer’s […]
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 […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Johns Manville Corporation v. Knauf Insulation, LLC (10th Cir., September 5, 2018) (affirming denial of Manville’s motion for a new trial on its trade secrets claim—lengthy procedural discussion) Miscellaneous Kyco Services, LLC, v. Department of Workforce Services (Utah Ct. App., September 7, 2018) (affirming, as supported by substantial evidence, determination that Kyco failed […]
MiscellaneousVander Veur v. Groove Entertainment Technologies (Utah Ct. App., August 9, 2018) (breach of the implied covenant of good faith may be asserted after termination to protect from opportunistic interference an at-will employee’s justified expectation of the fruit of a compensation agreement)
Discrimination/Retaliation *Mielnicki v. Wal-Mart Stores, Inc. (10th Cir., June 20, 2018) (affirming summary judgment in favor of Wal-Mart on ADA claim: she failed to raise an issue of material fact as to her ability as a maintenance associate)ERISA and Employee Pension Plans Wisconsin Central Ltd., et al., v. United States (U.S., June 21, 2018) (reversing […]
Contract/Noncompete/Trade Secret/Wrongful Termination Grimm v. DxNA LLC (Utah Ct. App., June 14, 2018) (affirming determination that Grimm had an enforceable employment agreement with DxNA)
Discrimination/Retaliation *Christmon v. B&B Airparts, Inc. (10th Cir., May 24, 2018) (affirming summary judgment in favor of B&B on Christmon’s religious discrimination claim: B&B reasonably accommodated Christmon’s beliefs) Labor Unions Epic Systems Corp. v. Lewis (U.S., May 21, 2018) (The Federal Arbitration Act mandates that arbitration agreements providing for individual proceedings be enforced as written) […]
