Contract/Noncompete/Trade Secret/Wrongful Termination Green v. Brennan (U.S., May 23, 2016) (vacating dismissal ofGreen’s constructive discharge claim. The lower court held his complaintuntimely, having been filed 96 days after he had agreed to retire. The TenthCircuit affirmed. The Supreme Court, however, held that the 45-day limitationsperiod did not begin to run until Green actually submitted his […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Winger v. Meade District Hospital (10th Cir., May 12, 2016) (affirming summary judgment in favor of the hospital on Winger’s liberty interest claim, but reversing as to Winger’s property interest claim in continued employment) Discrimination/Retaliation *Glapion v. Castro (HUD Secretary) (10th Cir., May 12, 2016) (affirming summary judgment in favor of HUD on Glapion’s […]
ERISACeco Concrete Construction, LLC, v. Centennial State Carpenters Pension Trust (10th Cir., May 3, 2016) (reversing summary judgement in favor of Ceco, because Ceco failed to comply with the Multiemployer Pension Plan Amendment Act (MPPAA))Miscellaneous*Broughton v. Merit Systems Protection Board (10th Cir., May 5, 2016) (affirming dismissal for failure to state an intelligible claim under Rule […]
Contract/Noncompete/Trade Secret/Wrongful Termination Brenner v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming Workforce Appeals Board determination that Brenner had been discharged for just cause was supported by substantial evidence) Needle v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming determination that Needle’s “program advocates” are employees rather than independent […]
Contract/Noncompete/Trade Secret/Wrongful TerminationClearOne, Inc., v. Revolabs, Inc. (Utah, April 1, 2016) (Revolabs lacked sufficient contact with Utah for ClearOne to bring suit in Utah for predatory hiring, contractual interference, and abetting breach of fiduciary duty)Labor Unions*Ortega v. New Mexico Legal Aid, Inc. (10th Cir., March 29, 2016) (affirming dismissal of breach-of-contract claim for failure to […]
Discrimination/Retaliation *Poll v. Lew (10th Cir., March 15, 2016) (affirming dismissal, for lack of subject matter jurisdiction, of Poll’s claims for discriminatory retaliation in violation of Title VII, brought 30 years after his termination, and contrary to a settlement agreement and an injunction) Workers Compensation/Occupational Safety and Disease *Bradley v. Colvin (10th Cir., March 15, 2016) […]
Discrimination/RetaliationTalovic v. Department of Workforce Services (Utah Ct. App., March 10, 2016) (leaving undisturbed the Workforce Appeals Board’s decision denying him unemployment benefits and assessing a fraud overpayment)Unemployment Appeals Winkler v. Department of Workforce Services (Utah Ct. App., March 10, 2016) (leaving undisturbed the Appeals Board’s decision that Winkler was not entitled to benefits and requiring her to […]
ERISAGobeille v. Liberty Mutual Insurance Company (U.S., March 1, 2016) (affirming the 2nd Circuit’s conclusion that ERISA’s reporting, disclosure, and record provisions pre-empt state law (in this case Vermont’s) imposing duties inconsistent therewith, and regardless of ACA pre-emption. Workers Compensation/Occupational Safety & Disease*Lopez v. Colvin (10th Cir., February 29, 2016) (reversing denial of social security benefits […]
Discrimination/Retaliation *Adair v. Wichita Public Schools, District 259 (10th Cir., February 22, 2016) (affirming summary judgment against Adair based upon his failure to present any factual material in opposition) Workers Compensation/Occupational Safety & Disease Allman v. Colvin (10th Cir., February 23, 2016) (affirming denial of benefits)*Fry v. American Home Assurance Company (10th Cir., February 25, 2016) (affirming summary […]
Discrimination/Retaliation*Farris v. Garden City, Kansas (10th Cir., February 9, 2016) (affirming dismissal because Farris failed to sufficiently allege he was a qualified individual with adisability or that he suffered intentional discrimination)Workers Compensation/Occupational Safety and Disease*Johnson v. Colvin (10th Cir., February 10, 2016) (affirming the judgement of the district court upholding the Commissioner’s denial of benefits […]
