Workers Compensation/Occupational Safety and DiseaseCox v. Labor Commission (Utah Ct. App., July 20, 2017) (setting aside denial of Cox’s workers’ compensation claim because the Commission didn’t apply the correct medical causation standard)
Discrimination/Retaliation *Herrera v. Las Cruces Public Schools (10th Cir., June 13, 2017) (affirming dismissal of Herrera’s disability discrimination and retaliatory discharge claims as untimely: “date of service” is the date of mailing, not receipt) *Jones v. Price (10th Cir., June 13, 2017) (affirming summary judgment in favor of Price, the Secretary of Health & Human […]
Discrimination/RetaliationMcLane Co., Inc., v. Equal Employment Opportunity Commission (U.S. Supreme Court, April 3, 2017) (reversing 9th Circuit de novo review and reversal of district court refusal to enforce EEOC subpoenas: such a decision must be reviewed for abuse of discretion, not de novo)*Clincy v. Transunion, LLC (10th Cir., April 4, 2017) (affirming summary judgement in […]
Discrimination/Retaliation *Chaney v. Wal-Mart Stores, Inc. (10th Cir., February 14, 2017) (affirming dismissal with prejudice for failure to file amended complaint because there was no abuse of discretion, and claims of potential bias were entirely speculative) *Huggins v. Reilly (10th Cir., February 15, 2017) (affirming summary judgment in favor of defendant on inmate Huggins’ s.1983 discrimination and retaliation employment […]
Contract/Noncompete/Trade Secret/Wrongful Termination Washington v. Unified Government of Wyandotte County (10th Cir., February 6, 2017) (affirming summary judgement in favor of the County because the County’s random drug test violated neither the Fourth Amendment nor any other constitutional or statutory right) Public Employees/Employers Welty v. Retirement Board (Utah Ct. App., February 9, 2017) (declining to […]
Discrimination/Retaliation *Johnson v. Oklahoma Department of Transportation (10th Cir., January 27, 2017) (affirming denial of 60(b) motion for relief from judgement, the purpose of which is not to relitigate the underlying case) *Cvancara v. Reams (10th Cir., January 23, 2017) (affirming summary judgment on Cvancara’s first-amendment retaliation claim, because she was merely airing personal grievances) Public Employers/Employees […]
Contract/Noncompete/Trade Secret/Wrongful TerminationWest Valley City v. Coyle (Utah Ct. App., July 14, 2016) (upholding City Civil Service Commission decision reinstating Coyle as a police lieutenant after the city demoted him: the Commission acted within its discretion in determining that Coyle’s violations did not warrant demotion) Maiteki v. Marten Transport Ltd. (10th Cir., July 13, 2016) (affirming […]
Unemployment AppealsMigenes v. Department of Workforce Services (Utah Ct. App., June 23, 2016) (affirming determination of fraud in overpayment of benefits)WagesEncino Motorcars, LLC v. Navarro et al. (U.S., June 20, 2016) (vacating Ninth Circuit decision that overtime payment exemption does not apply to service advisers. The Department of Labor failed to provide a reasoned explanation […]
Contract/Noncompete/Trade Secret/Wrongful TerminationSalt Lake City Corporation v. Thomas Gallegos (Utah Ct. App., June 3, 2016) (vacating the Commission’s reversal of Gallegos’ termination because the Commission applied the incorrect standard of review) Discrimination and Retaliation *Pretlow v. James (10th Cir., May 31, 2016) (affirming summary judgment in favor of the Air Force on Pretlow’s retaliation claim […]
Contract/Noncompete/Trade Secret/Wrongful Termination Brenner v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming Workforce Appeals Board determination that Brenner had been discharged for just cause was supported by substantial evidence) Needle v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming determination that Needle’s “program advocates” are employees rather than independent […]
