Wages Williamson v. MGS by Design, Inc. (Utah, November 25, 2022) (reversing dismissal of Williamson’s claim that MGS violated the Utah Sales Representative Commission Payment Act by failing to pay commissions for sales she made as an MGS sales agents: under the Act’s plain text, the requirement that a business relationship be in writing is […]
Discrimination~Retaliation *Gabriel v. Trans Am Trucking Co. (10th Cir., August 25, 2022) (affirming dismissal of Gabriel’s complaint under the ADA and motion to recuse: The complaint was incomprehensible, and Gabriel showed no viable evidence of bias) Ford v. Jackson National Life Insurance Co. (10th Cir., August 23, 2022) (affirming dismissal of Ford’s discrimination claim, but […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination General Water Technologies, Inc., v. Van Zweden (Utah Ct. App., July 14, 2022) (affirming jury determination that defendants were liable for misappropriation of trade secret design of water-filtration system, but reversing its determination of liability for misappropriation of secret pricing information) Discrimination ~ Retaliation *Drevaleva v. […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Kennedy v. Bremerton School District (U.S., June 27, 2022) (reversing summary judgment in favor of the school district on Kennedy’s first-amendment religious-freedom claim: the free-exercise and free-speech clauses of the first amendment protect an individual engaging in a personal religious observance (prayer)from government reprisal; the Constitution […]
Discrimination~Retaliation Tucker v. Faith Bible Chapel International (10th Cir., June 7, 2022) (dismissing, for lack of jurisdiction, Faith Bible’s interlocutory appeal of Tucker’s claim that he was fired for opposing alleged race discrimination at the school: under the “ministerial exception” defense, anti-discrimination laws do not apply to employment disputes between religious employers and their ministers; […]
DISCRIMINATION ~ RETALIATION *Glapion-Pressley v. City and County of Denver (10th Cir., April 14, 2022) (Glapion-Pressley failed to show error in the dismissal of her claims for failure to satisfy Title VII’s verification requirement before the EEOC) MISCELLANEOUS *Hurst v. McDonough (10th Cir., April 12, 2022) (affirming summary judgment in favor of McDonough on Hurst’s […]
Wages Butler v. Mediaport Entertainment, Inc. (Utah Ct. App., March 24, 2022) (affirming summary judgment dismissing Butler’s counterclaims against his former employer in their litigation over the validity of an employment agreement: Butler failed to show sufficient evidence of damages) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Keybank Nat’l Assoc. v. Williams (10th Cir., February 10, 2022) (affirming denial of Keybank’s motion for preliminary injunction to prevent defendants from doing business with and soliciting KeyBank’s customers and misappropriating its trade secret and confidential information: KeyBank failed to show a probability of irreparable harm) […]
ERISA and Employee Pension Plans Babcock v. Kijakazi (U.S., January 13, 2022) (affirming determination that Babcock’s retirement benefits should be reduced (a “windfall elimination”) to reflect his receipt of both a civil-service pension and military pension payments for his work as a dual-status National Guard technician: Civil-service pension payments based on employment as a dual-status […]
Discrimination~Retaliation *Flores v. City of Farmington (10th Cir., December 13, 2021) (affirming judgment on the pleadings and summary judgment in favor of Farmington on the plaintiffs’ claims of First-Amendment free-speech retaliation and religious discrimination: because the first defendant’s speech was made pursuant to his official duties, it did not enjoy First-Amendment protection; the second defendant’s […]
