Miscellaneous Salt Lake City v. Kidd (Utah, January 23, 2019) (Kidd failed to preserve or to brief her equal protection or First Amendment claims in connection with her conviction for working as an escort without a license) Wages Cummings v. Dean (10th Cir., January 24, 2019) (reversing denial of qualified immunity to Dean, director of Labor […]
WagesNew Prime, Inc., v. Oliveira (U.S., January 15, 2019) (affirming decision that the Federal Arbitration Act excepts from coverage disputes involving “contracts of employment” and that the term “contracts of employment” covers, not just employer-employee relationships, but contracts with independent contractors, as well)Workers Compensation/Occupational Safety and Disease Liberty Mutual Fire Insurance Company v. Woolman (10th Cir., […]
Wages*Agrawal v. Ogden (10th Cir., November 28, 2018) (affirming latest dismissal in a lengthy series of actions seeking to void the results of an unpaid wage dispute) *The 10th Circuit has declared this case not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, […]
Contract/Noncompete/Trade Secret/Wrongful TerminationSkolnick v. Exodus Healthcare Network, PLLC (Utah Ct. App., November 8, 2018) (affirming summary judgment in favor of Skolnick on her claim for breach of contract: Exodus’s obligation to pay Skolnick was not subject to any condition precedent) Discrimination/Retaliation *Ombe v. State of New Mexico (10th Cir., November 8, 2018) (affirming judgment against […]
Wages Dish Network, L.L.C., v. Ray (10th Cir., August 21, 2018) (affirming denial of Dish Network’s petition to vacate class arbitration award)Workers Compensation/Occupational Safety and DiseaseF.H. Coatings, LLC, v. Acosta (10th Cir., August 20, 2018) (affirming OSH commission order penalizing F.H. Coatings for violation of the Occupational Safety and Health Act, resulting in the death of […]
Discrimination/Retaliation*Salemi v. Colorado Public Employees’ Retirement Association (10th Cir., August 17, 2018) (affirming summary judgment for the Association as to Salemi’s discrimination and retaliation claims under under Title VII, § 1981, the First Amendment, and the FMLA)*McFarland v. City and County of Denver (10th Cir., August 17, 2018) (affirming summary judgment for Denver on McFarland’s failure-to-accommodate claim)Wages*Acosta v. […]
Discrimination/Retaliation*Peavy v. Labor Source, LLC (10th Cir., June 26, 2018) (affirming denial of Peavy’s “collateral attack” on dismissal of his discrimination suit from 2015: he presented no fact or law permitting reversal) Labor Unions Janus v. American Federation of State, County, and Municipal Employees, Council 31 (U.S., June 27, 2018) (States and public-sector unions may not […]
Workers Compensation/Occupational Safety and Disease*Morgan v. Baker Hughes Incorporated (10th Cir., April 3, 2018) (reversing judgment as a matter of law: material disputes remain forresolution as to Baker Hughes’ forklift safety procedures)WagesEncino Motorcars, LLC, v. Navarro (U.S., April 2, 2018) (reversing 9th Circuit and holding that service advisors are “salesm[e]n . . . primarily engaged in. […]
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 Termination*Nolan-Bey v. Wickham Glass, Inc. (10th Cir., March 15, 2018) (affirming dismissal of Nolan-Bey’s frivolous failure-to-train and termination claims)Discrimination/Retaliation*Balding v. Sunbelt Steel Texas, Inc. (10th Cir., March 13, 2018) (affirming summary judgent in favor of Sunbelt on Balding’s FMLA and ADA claims, but reversing on his state breach of contract claim)*Trimble v. Board […]
