Defamation *Quigley v. Sporting Kansas City Soccer Club (10th Cir., March 25, 2020) (affirming dismissal of Quigley’s claims under FRCP 12(h)(3): Quigley raised only state-law claims, and there was insufficient diversity for jurisdiction) Discrimination and Retaliation *Zu v. Avalon Health Care, Inc. (10th Cir., March 23, 2020) (affirming summary judgment in favor of Avalon: Zu […]
HB 11 — Blood Alcohol Limit Amendments: amends the Workers’ Compensation Act regarding an employee’s blood or breath alcohol concentration. HB 12S2 — Abusive Conduct Reporting Amendments: addresses abusive conduct among state government employees, requiring an investigation if an abusive conduct complaint is made. HB 15 — Labor Commission Amendments: amends the Utah Labor Code […]
Miscellaneous Kansas v. Garcia (U.S., March 3, 2020) (reversing Kansas supreme court determination that federal law prohibits information on an I-9 form being used as the basis for state-law identity theft prosecution, in connection with the hiring of unauthorized aliens: Kansas statutes were not expressly preempted, and the assertion that information placed on an I-9 […]
Discrimination ~ Retaliation *Brown v. Keystone Learning Services (10th Cir., February 11, 2020) (affirming summary judgment in favor of Keystone: Brown could not show pretext on his discrimination claim, nor could he show even a prima facie case of retaliation) *Mohn v. Progressive Insurance (10th Cir., February 10, 2020) (affirming summary judgment in favor of […]
Public Employees Haynes v. Department of Public Safety (Utah Ct. App., February 6, 2020) (reversing dismissal of Haynes’s breach of contract action: the relevant terms of the settlement agreement under which Haynes supposedly failed to perform were ambiguous) Wages Aguilar v. Management and Training Corp. (10th Cir., February 4, 2020) (reversing summary judgment in favor […]
Contract ~ Noncompete ~ Trade-Secret ~ Wrongful Termination Heartwood Home v. Huber (Utah Ct. App., January 24, 2020) (affirming summary judgment in favor of defendants: Heartwood failed to include the contract in the record; nor did it carry its burden of persuasion on its claims for breach of confidentiality and loyalty) Workers Compensation ~ Occupational […]
ERISA & Employee Pension Plans Retirement Plans Committee of IBM v. Jander (U.S., January 14, 2020) (vacating judgment below and remanding for the 2nd Circuit to address arguments not addressed below regarding ERISA fiduciaries duty of prudence) Worker’ Compensation ~ Occupational Safety and Disease *Gutierrez v. Commissioner (10th Cir., January 13, 2020) (affirming decision below […]
Workers’ Compensation ~ Occupational Safety and Disease Nielsen v. Labor Commission (Utah Ct. App., January 3, 2020) (Declining to disturb denial of claim for benefits: substantial evidence supported the Board determination that Nielsen’s back pain was not caused by his work at Walmart)
Discrimination ~ Retaliation Greer v. City of Witchita (10th Cir., December 3, 2019) (reversing summary judgment in defendants’ favor on Greer’s claims under the Uniformed Services Employment and Reemployment Rights Act: the factfinder could reasonably infer that military status motivated denial of interview, and that Greer would have obtained interview had she not been military) […]
Workers’ Compensation ~ Occupational Safety and Disease Pritchard v. Labor Commission (Utah Ct. App., November 15, 2019) (affirming denial of workers’ compensation benefits: Pritchard’s spinal condition was not caused, aggravated, or worsened by her work exposure) *Progressive Northern Insurance Company v. Peavler (10th Cir., November 13, 2019) (affirming summary judgment in favor of Progressive: Peavler’s […]
