Workers Compensation/Occupational Safety & DiseaseDavis v. Labor Commission (Utah Ct. App., April 26, 2018) (declining to disturb Commission determination that worker was not acting in the course of his employment at the time of his accident: discussion of the instrumentality exception to the “going and coming” rule—the truck was not an instrumentality of company’s business)Pittman v. Berryhill […]
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 *Campos v. Mantech International Corporation (10th Cir., February 13, 2018) (affirming denial of Rule 60(b) motion for reconsideration: such a motion is not the appropriate way to present arguments that could have been raised previously, nor as a substitute for taking an appeal) *Gatewood v. VA GOV. Compensation (10th Cir., February 13, 2018) (affirming dismissal of […]
Discrimination/Retaliation *Gardenhire v. Manville (10th Circuit, February 7, 2018) (affirming summary judgment in favor of Manville on Gardenhire’s ADA claims (Manville made reasonable accommodations) and his FMLA claims for retaliation (lack of causation), interference (none with his FMLA rights), and Title VII racial discrimination (white employees were not similarly situated)) Workers Compensation/Occupational Safety and Disease Spring Creek […]
ERISAMedina v. Catholic Health Initiatives (10th Cir., December 19, 2017) (affirming summary judgment in favor of Catholic Health: ERISA’s church-plan exemption does not fall foul of the Establishment Clause)Discrimination/Retaliation *Jones v. Berryhill (10th Cir., December 21, 2017) (affirming denial of disability benefits: any step-four error wsa harmless)*Montano v. Brennan (10th Cir., December 20, 2017) (affirming […]
Discrimination/Retaliation*Smith v. Sprint/United Management Company (10th Cir., December 1, 2017) (affirming summary judgment in favor of Sprint on Smith’s racial discrimination and retaliation claims: he failed to establish a prima facie claim of Title VII discrimination and failed to show that Sprint’s nondiscriminatory reason for terminating his was pretextual)Workers Compensation/Occupational Safety and DiseasePetersen v. Utah […]
Workers Compensation/Occupational Safety and Disease Rojas v. Utah Labor Commission (Utah Ct. App., November 16., 2017) (leaving undisturbed the Labor Commission’s decision denying Rojas a 15% increase in disability compensation because his workplace injury didn’t occur because of a willful safety violation by his employer)
Contract/Noncompete/Trade Secret/Wrongful Termination First Western Capital Management Co. v. Malamed (10th Cir., October 30, 2017) (reversing grant of preliminary injunction: First Western should have been required to demonstrate irreparable harm from alleged misappropriation of trade secrets;because it could not, the preliminary injunction was unwarranted.) Discrimination/Retaliation *Johnston v. Hunter Douglas Window Fashions, Inc. (10th Cir., November 2, […]
Contract/Noncompete/Trade Secret/Wrongful TerminationAugustus v. Vernal City (Utah Ct. App., October 26, 2019) (declining to disturb the city’s decision to uphold Augustus’s termination: the city’s board did not violate Augustus’s due process notice right)Lamont v. Riverton City Board of Appeals (Utah Ct. App., October 26, 2017) (declining to overturn Lamont’s termination for his refusal to take an alcohol […]
Workers Compensation/Occupational Safety and DiseaseSnyder v. Labor Commission (Utah Ct. App., October 13, 2017) (declining to disturb Commission denial of permanent partial disability: substantial evidence supported determination that the accident at issue did not cause Snyder’s degenerative arthritis)
