Discrimination & Retaliation Osborne v. Baxter Healthcare Corporation (10th Cir.,August 24, 2015) (reversing summary judgement in favor of Baxter Healthcare because there remains a genuine issue of material fact as to Osborne’s ability to perform the work at issue) *Macias v. Southwest Cheese Company, LLC (10th Cir.,August 24, 2015) (reversing summary judgement for Southwest Cheese […]
Wages Utley v. Mill Man Steel, Inc. (Utah S.Ct., August 20,2015) (reversing summary judgment in Utley’s favor, allowing a determination asto whether evidence warranted an offset against Utley’s unpaid commission) Workers’ Compensation Right Way Trucking v. Labor Commission (Utah Ct. App., August20, 2015) (affirming ALJ’s denial of motion for reconsideration and admittingthe medical panel report)
Unemployment Unck v. Department of Workforce Services (Utah Ct. App., August 13, 2015)(upholding Board order that Unck repay unemployment benefits and imposing afraud penalty) Discrimination *Grubbs v. The Salvation Army (10th Cir., August 13, 2015) (affirmingsummary judgment in favor of the Salvation Army because Grubbs failed to show adiscriminatory pretext) Miscellaneous—Procedure *Martinv. Mt. St. Mary’s […]
Workers Compensation/Occupational Safety and Disease Brooks v. Commissioner (10th Cir., July 17, 2015) (affirming the Commission determination that Brooks had received an overpayment of Disability benefits) Santos v. Colvin (10th Cir., July 15, 2015) (affirming dismissal of complaint challenging the denial of disability insurance benefits) Discrimination and Retaliation Bandi v. Colvin (10th Cir., July 16, 2015) (affirming summary […]
Workers Compensation/Occupational Safety and Disease Bainbridge v. Colvin (10th Cir., July 7, 2015) (affirming denial of disability benefits) Discrimination/Retaliation Jordan v. Dillon Companies (10th Cir., July 9, 2015) (affirming summary judgment in favor of Dillon as Jordan could not show pretext for termination under a subordinate bias theory) Bennett v. Windstream Communications, Inc. (10th Cir., July […]
Contract/Noncompete Anderson v. Larry H. Miller Communications (Utah Ct. App., May 29, 2015) (affirming summary judgment in favor of Larry H. Miller based upon the absence of a contract) Pre-Paid Legal Services, Inc,, v. Cahill (10th Cir., May 26, 2015) (affirming lower court’s lifting stay pending arbitration and resuming litigation because defendant failed to […]
ERISA Tibble v. Edison International (U.S., May 18, 2015) (vacating 9th-Circuit decision as to six-year statute of limitations, because fiduciary has a continuing obligation to review and discard imprudent investments) Wages Baker v. Labor Commission (Utah Ct. App., May 21, 2015) (setting aside decision below because petitioner’s withdrawal of her wage claim came after respondent’s […]
Contract/Noncompete/Trade Secret/Wrongful Termination Francis v. National DME (Utah Ct. App., May 7, 2015) (federal and state claims arising originally from a dispute over a covenant not to compete, ultimately reduced to claims or intentional interference with economic relations, breach of contract, and attorney’s fees) Discrimination Hare v. Donahoe (10th Cir., May 4, 2015) (affirming dismissal, under Rule 12(b)(6), […]
Workers Compensation Jones v. Colvin (10th Cir., May 1, 2015) (affirming denial of social security, disability benefits, and disabled widows benefits based on weight given to the treating physician’s testimony) Public Employees Hollenbach v. Salt Lake City Civil Service Commission (Utah Ct. App., April 30, 2015) (declining to disturb commission’s approval of 60-hour suspension against […]
Defamation Fox-Rivera v. Colorado Department of Public Health (10th Cir., April 23, 2015) (affirming dismissal for plaintiff’s failure to state a claim that his reputation was impugned) Discrimination Chavez-Acosta v. Southwest Cheese Company, LLC (10th Cir., April 20, 2015) (upholding verdict in favor of Southwest Cheese on claims of hostile work environment and sexual harassment) […]
