Discrimination/Retaliation*Milam v. Pafford EMS (10th Cir., March 30, 2018) (affirming summary judgment in favor of Pafford on Milam’s hostile environment and religious and national-origin discrimination claims)ERISA and Employee Pension PlansDeseret Book Company v. Dept. of Workforce Services (Utah Ct. App., March 29, 2018) (declining to disturb determination that holiday actress was Deseret employee: the Board’s conclusion […]
Contract/Noncompete/Trade Secret/Wrongful TerminationBeckman v. Cybertary Franchising (Utah Ct App, March 22, 2018) (reversing and remanding for new trial decision against Beckman on her wrongful termination claim and denial of her request for prejudgment interest, vacating award for attorney fees to Cybertary, and reversing fee award to other defendants)ERISA and Employee Pension PlanCyan, Inc., v. Beaver […]
Workers Compensation/Occupational Safety and Disease Rojas v. Utah Labor Commission (Utah Ct. App., November 16., 2017) (leaving undisturbed the Labor Commission’s decision denying Rojas a 15% increase in disability compensation because his workplace injury didn’t occur because of a willful safety violation by his employer)
Contract/Noncompete/Trade Secret/Wrongful TerminationAugustus v. Vernal City (Utah Ct. App., October 26, 2019) (declining to disturb the city’s decision to uphold Augustus’s termination: the city’s board did not violate Augustus’s due process notice right)Lamont v. Riverton City Board of Appeals (Utah Ct. App., October 26, 2017) (declining to overturn Lamont’s termination for his refusal to take an alcohol […]
Workers Compensation/Occupational Safety and DiseaseSnyder v. Labor Commission (Utah Ct. App., October 13, 2017) (declining to disturb Commission denial of permanent partial disability: substantial evidence supported determination that the accident at issue did not cause Snyder’s degenerative arthritis)
Discrimination/Retaliation*Barrington v. United Airlines, Inc. (10th Cir., October 4, 2017) (reversing verdict in favor of United because the court erroneously failed to instruct the jury on pretext, which a reasonable jury could have found based on the evidence)Workers Compensation/Occupational Safety and Disease*White v. Berryhill (10th Cir., October 4, 2017) (affirming denial of disability benefits: substantial […]
Discrimination/RetaliationSanchez v. US Department of Energy (10th Circuit, September 11, 2017) (vacating judgment on the pleadings as to Sanchez’s failure-to-accommodate claim, based on his dismissal because his Mixed Receptive-Expressive Language Disorder was a threat to national security. But the court affirmed the dismissal of his retaliation, disparate treatment, and procedural due process claims)Wages*Jimenez and Bustillos v. Board […]
Discrimination/Retaliation EEOC v. College America Denver, Inc. (10th Cir., September 5, 2017) (reversing dismissal as moot of unlawful-interference claim) Workers Compensation/Occupational Safety and Disease Par Electrical v. Labor Commission (Utah Ct. App., September 8, 2017) (declining to disturb Commission affirmance of ALJ order awarding disability compensation under the Workers’ Compensation Act for 2006 work accident: […]
ERISA and Employee Pension Plans GCIU-Employer Retirement Fund v. Coleridge Fine Arts (10th Cir., August 16, 2017) (reversing dismissal, based on lack of personal jurisdiction, of GCIU’s attempt to collect withdrawal liability from defendants)Miscellaneous Aura Spa & Boutique v. Department of Workforce Services (Utah Ct. App., August 17, 2017) (declining to disturb Workforce Appeals Board […]
Contract/Noncompete/Trade Secret/Wrongful TerminationAiono v. Department of Corrections (Utah Ct. App., August 10, 2017) (setting aside the decision to terminate Aiono for violating policy governing contact with incarcerated relatives: the policy’s plain language did not prohibit Aiono’s contact nor specify a time frame for disclosure form submittal. An employee cannot be fired for conduct that is […]
