Workers Compensation

Cases — January 1st through 7th, 2017

admin - January 10, 2017 - Americans with Disabilities Act (ADA), Discrimination, Fifth Amendment, First Amendment, Retaliation, Workers Compensation, Wrongful Termination

Contract/Noncompete/Trade Secret/Wrongful Termination *Armstrong v. Wyoming Dept of Environmental Quality (10th Cir., January 5, 2017) (affirming dismissal of Armstrong’s numerous claims—including defamation based on wrongful termination, among other things—because Armstrong failed to identify any basis for reversal) Vogt v. City of Hays (10th Cir., January 4, 2017) (reversing dismissal of Vogt’s 5th-Amendment compelled self-incrimination claim against Hays)Helget […]

Cases — November 27th through December 3rd

admin - December 7, 2016 - Disability, Discrimination, Procedure, Retaliation, Tenth Circuit, Workers Compensation

Discrimination/Retaliation *Gaige v. SAIA Motor Freight Line, LLC (10th Cir., November 29, 2016) (affirming denial of Gaige’s motion for new trial: lower court was within its discretion in finding that the proposed evidence’s unfair prejudice substantially outweighed its probative value) Workers Compensation/Occupational Safety and Disease*Patterson v. Colvin (10th Cir., November 30, 2016) (affirming denial of […]

Cases — October 30th through November 5th

admin - November 5, 2016 - Disability, Procedure, Tenth Circuit, Wages, Workers Compensation

WagesSharp v. CGG Land (U.S.), Inc. (10th Cir., November 4, 2016) (affirming exclusion of meal allowance from time-and-a-half overtime calculation)Workers Compensation/Occupational Safety and DiseasePetersen v. Labor Commission (Utah Ct. App., November 3, 2016) (affirming commission determination that surgeries were unnecessary and thus incompensable)*Paulsen v. Colvin (10th Cir., November 1, 2016) (affirming denial of disability benefits […]

Cases — October 9th through 15th

admin - October 15, 2016 - Age Discrimination in Employment Act (ADEA), Discrimination, Equal Pay Act, Procedure, Retaliation, Tenth Circuit, Workers Compensation

Discrimination/Retaliation*Ayalla v. U.S. Postmaster General (10th Cir., October 12, 2016) (affirming dismissal of Ayalla’s claims under the Age Discrimination in Employment Act and the Equal Pay Act, for failure to state a claim)Workers Compensation/Occupational Safety and Disease*Kirkpatrick v. Colvin (10th Cir., October 11, 2016)(affirming denial of disability benefits because Kirkpatrick failed to show that his RFC […]

Cases — September 25th through October 1st

admin - October 7, 2016 - Disability, Discrimination, Retaliation, Whistleblower Protection, Workers Compensation

Discrimination/Retaliation *Walker v. Balco (10th Cir., September 26, 2016) (finding no error in the dismissal of Walker’s retaliatory discharge complaint for failure to allege facts sufficient to show his discharge to be contrary to compelling public policy) Workers Compensation/Occupational Safety & Disease *Allen v. Colvin (10th Cir., September 27, 2016) (affirming denial of disability benefits […]

Cases — August 28th through September 3rd

admin - September 4, 2016 - Breach of Contract, Confidentiality Agreements, Covenants not to Compete, Fair Labor Standards Act (FLSA), Procedure, Workers Compensation

Miscellaneous Brown v. Perez (10th Cir., August 29, 2016) (reversing summary judgment against plaintiffs—federal employees eligible for workers compensation—because genuine issues of critical fact existed) Heartwood Home Health and Hospice v. Huber (Utah Ct. App., September 1, 2016) (dismissing motion for rule 11 sanctions in a case involving claims of breach-of-confidentiality and -loyalty, intentional interference with […]

Cases — August 7th through 13th

admin - August 16, 2016 - Disability, Discrimination, Hostile Work Environment, Retaliation, Summary Judgment, Tenth Circuit, Workers Compensation

Discrimination/RetaliationBird v. West Valley City (10th Cir., August 8, 2016) (affirming summary judgment in favor of West Valley on Bird’s gender-discrimination and hostile-work-environment claims; but reversing on Bird’s claim of First-Amendment retaliation claim) *Ridgell-Boltz v. Colvin (10th Cir., August 10, 2016) (affirming denial of attorneys’ fees, but reversing the district court’s order dismissing Ridgell-Boltz’s hostile-work-environment […]

Cases — July 17th through 23rd

admin - July 28, 2016 - Americans with Disabilities Act (ADA), Disability, Discrimination, Due Process, Hostile Work Environment, Retaliation, Tenth Circuit, Workers Compensation, Wrongful Termination

Contract/Noncompete/Trade Secret/Wrongful Termination*Williams v. McKee (10th Cir., July 20, 2016) (affirming dismissal of Williams’ ss 1983 claims for termination in violation of due process because his complaint failed to state any constitutional violation, and refusal to exercise jurisdiction of Williams’ state-law retaliation claim)Discrimination / Retaliation*Hollis v. Aerotek, Inc. (10th Cir., July 19, 2016) (affirming summary judgement in […]

Cases — July 10th through 16th

admin - July 15, 2016 - Discrimination, ERISA, Retaliation, Tenth Circuit, Utah Court of Appeals, Whistleblower Protection, Workers Compensation, Wrongful Termination

Contract/Noncompete/Trade Secret/Wrongful TerminationWest Valley City v. Coyle (Utah Ct. App., July 14, 2016) (upholding City Civil Service Commission decision reinstating Coyle as a police lieutenant after the city demoted him: the Commission acted within its discretion in determining that Coyle’s violations did not warrant demotion) Maiteki v. Marten Transport Ltd. (10th Cir., July 13, 2016) (affirming […]

Cases — May 29th through June 4th

admin - June 26, 2016 - Disability, Retaliation, Tenth Circuit, Utah Court of Appeals, Workers Compensation, Wrongful Termination

Contract/Noncompete/Trade Secret/Wrongful TerminationSalt Lake City Corporation v. Thomas Gallegos (Utah Ct. App., June 3, 2016) (vacating the Commission’s reversal of Gallegos’ termination because the Commission applied the incorrect standard of review) Discrimination and Retaliation *Pretlow v. James (10th Cir., May 31, 2016) (affirming summary judgment in favor of the Air Force on Pretlow’s retaliation claim […]