Discrimination/Retaliation/Wrongful TerminationKnopf v. Williams (10th Cir., March 5, 2018) (reversing summary judgment denying Mayor Williams qualified immunity on Knopf’s protected-speech retaliation claim: Knopf did not carry his burden to show violation of an established constitutional right: his speech was not protected private speech)*Sidlo v. MillerCoors, LLC (10th Cir., March 7, 2018) (affirming summary judgment for […]
Labor Unions*Society of Prof’l Eng’g Employees in Aerospace v. Spirit Aerosystems, Inc. (10th Cir., 15 March 2017) (reversing summary judgment in favor of Spirit Aerosystems: an individual employee’s grievance (challenging company-wide policy) was in fact subject to arbitration under the parties’ collective bargaining agreement)Workers Compensation/Occupational Safety and Disease *Williams v. Berryhill (10th Cir., March 17, 2017) (reversing Commissioner denial […]
Workers Compensation/Occupational Safety and Disease *Razo v. Colvin (10th Cir., October 21, 2016) (affirming denial of disability benefits and supplemental income because the ALJ properly addressed Razo’s impairments and the opinions of the treating physician and the vocational expert) *Shelton v. Colvin (10th Cir., October 18, 2016) (affirming denial of disability benefits and supplemental income: […]
Discrimination/Retaliation *Ghogomu v. Delta Airlines (10th Cir., June 16, 2016) (affirming summary judgment in favor of Delta Airlines on Ghogomu’s Title VII and state-law claims) Labor Unions*United Steel Union No. 348 v. Magellan Midstream Holdings (10th Cir., June 16, 2016) (affirming summary judgment in favor of the Union concluding that agreement requiring that certain positions […]
Discrimination / Retaliation*Lewis v. Twenty-First Century Bean Processing (10th Cir., January 5, 2016) (affirming summary judgment in favor of defendant on plaintiff’s age- and race-discrimination claims)WagesNesbitt v. FCNH, Inc. (10th Cir., January 5, 2016) (affirming the district court’s order denying defendant FCNH’s motion to stay the proceedings and to compel arbitration)Workers’ Compensation*Lynn v. Colvin (10th Cir., January […]
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 […]
Workers Compensation/Occupational Safety and Disease Carver v. Colvin (10th Cir., January 20, 2015) (affirming denial of supplemental security income) Contract/Noncompete/Trade Secret/Wrongful Termination Velez v. DeBry & Associates (Utah Ct. App., January 23, 2015) (affirming the lower court’s finding that res judicata barred Velez from litigating his claim in district court because he failed to bring […]
Defamation Singer v. Steidley (10th Cir., December 18, 2014) (dismissing for lack of jurisdiction questions of defamation as well as qualified and absolute immunity) Discrimination Hartigan v. Utah Transit Authority (10th Cir., December 10, 2014) (upholding summary judgement in favor of the UTA on Hartigan’s Title VII claims for gender discrimination and retaliation) Workers’ Compensation […]
In Kepas v. eBay, the Tenth Circuit Court of Appeals, with one judge dissenting, affirmed a district court’s decision to compel an employee to arbitrate a dispute. Applying California law, the Court reasoned that, although the arbitration agreement impermissably allowed the arbitration costs to be shifted to Kepas and the agreement was procedurally unconscionable, the defects were […]
The Tenth Circuit Court of Appeals, the federal appellate court having jurisidiction over Utah, affirmed a district court’s vacation of an arbitrator’s award in a union dispute. While acknowledging that “judicial review of arbitral decisions is among the narrowest known to law,” the Court in Air Methods Corporation v. Office and Professionl Employees International Union […]
