Discrimination ~ Retaliation Baca v. Department of the Army (10th Cir., December 22, 2020) (affirming Merit Systems Protection Board determination that Baca’s termination was not unlawful retaliation for whistleblowing: Baca made no disclosure that would trigger whistleblower protection; rather, he attempted to intimidate a witness into making a false statement) [Revising opinion of September 2, […]
Workers Compensation ~ Occupational Safety and Disease Medina v. Dumas Concrete Construction LLC (Utah Ct. App., December 17, 2020) (reversing summary judgment in favor of Dumas on Medina’s claim that he was terminated for seeking workers compensation benefits: Medina presented sufficient circumstantial evidence that his seeking benefits was a substantial factor in his termination) *Mannan […]
Miscellaneous Fedor v. United Healthcare, Inc. (10th Cir., September 16, 2020) (vacating order compelling arbitration claims against Fedor’s former employer: the district court impermissibly compelled arbitrarion before finding an arbitration agreement existed) Workers Compensation ~ Occupational Safety and Disease Aubrey v. Koppes (10th Cir., September 18, 2020) (reversing summary judgment in favor of the county […]
Workers’ Compensation ~ Occupational Safety and Disease White v. Labor Commission (Utah Ct. App., September 11, 2020) (Declining to disturb the Commission appellate board determination that White had failed to show that his injury was legally caused by his employment: White failed to satisfy the heightened causation standard applicable because of his preexisting injury)
Discrimination ~ Retaliation Bunn v. Perdue (10th Cir., July 28, 2020) (dismissing as untimely Bunn’s challenge to summary judgment in favor of Perdue) *Jorita v. Gray-Little (10th Cir., July 27, 2020) (reversing denial of qualified immunity to administrators of the University of Kansas on Jorita’s claim that she was fired in retaliation for exercising her […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Wyles v. Brady (10th Cir., July 22, 2020) (affirming dismissal of Wyles’s claims against Brady for malicious prosecution and outrageous conduct in connection with Wyles’s termination (for fraud and misappropriation of trade secrets) after seeking to reveal misconduct by corporate officers: Insufficient contacts existed between Brady and Colorado to establish personal […]
Discrimination ~ Retaliation Our Lady of Guadalupe School v. Morrissey-Berru (U.S., July 8, 2020) (reversing judgment in favor of plaintiffs on their disability- and age-discrimination claims: as employees of religious institutions, the First Amendment’s religion clauses foreclose the adjudication of their employment-discrimination claims) *Wilson v. Textron Aviation, Inc. (10th Cir., July 8, 2020) (affirming summary […]
Discrimination ~ Retaliation *Wu v. Bernhardt (10th Cir., June 26, 2020) (dismissing appeal for lack of jurisdiction and affirming dismissal for improper claim splitting) Public Employers / Employees Sawyers v. Norton (10th Cir., June 23, 2020) (affirming denial of qualified immunity to Defendant detention officers: the appellate court lacked jurisdiction on interlocutory review to address […]
Workers Compensation ~ Occupational Safety and Disease *Castille v. Commissioner, SSA (10th Cir., June 10, 2020) (affirming denial of disability benefits and social security income: there was no error in the ALJ’s decision that Castille was not disabled) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the […]
Discrimination ~ Retaliation *Fuller v. Kansas Department of Children and Families (10th Cir., March 30, 2020) (affirming dismissal and summary judgment in favor of Kansas on Fuller’s race, sex, and age discrimination claims: her challenges to the district court’s orders were either waived or meritless) Graham v. Albertson’s, LLC (Utah, March 31, 2020) (reversing partial […]
