Contract/Noncompete/Trade Secret/Wrongful Termination *Hawg Tools, LLC, v. Newsco International (10th Cir., December 18, 2018) (affirming denial of motion to reopen claims for trade secret misappropriation of a trade secret; the district court correctly held it barred by claim preclusion)Discrimination/Retaliation*Medearis v. City of Tahlequah (10th Cir., December 21, 2018) (affirming summary judgment in favor of the […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Jones v. Office of Administrative Hearings (10th Cir., December 11, 2018) (affirming dismissal of Jones’s equal protection and due process claims after she was fired after failing a drug test) Workers Compensation/Occupational Safety and Disease *Vigil v. Commissioner, SSA (10th Cir., December 11, 2018) (affirming denial of disability benefits: Vigil failed to satisfy the […]
Workers Compensation/Occupational Safety and Disease*Bryant v. Commissioner (10th Cir., November 23, 2018) (reversing denial of disability benefits: the administrative law judge improperly evaluated her medical provider’s opinions*The 10th Circuit has declared this case not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, […]
Retirement, ERISA and Employee Pension PlansHackford v. Utah State Retirement Board (Utah Ct. App., November 16, 2018) (declining to disturb the Board’s decision that Hackford’s early retirement is subject to the early retirement reduction)Workers Compensation*Lauer v. Commissioner (10th Cir., November 14, 2018) (reversing denial of disability benefits: the ALJ failed to properly take into account Lauer’s […]
Wages Dish Network, L.L.C., v. Ray (10th Cir., August 21, 2018) (affirming denial of Dish Network’s petition to vacate class arbitration award)Workers Compensation/Occupational Safety and DiseaseF.H. Coatings, LLC, v. Acosta (10th Cir., August 20, 2018) (affirming OSH commission order penalizing F.H. Coatings for violation of the Occupational Safety and Health Act, resulting in the death of […]
Discrimination/Retaliation*Muller v. Perdue (10th Cir., August 1, 2018) (affirming dismissal of retaliation and defamation claims: the court below did not abuse its discretion)*Williams v. SKF USA, Inc. (10th Cir., August 1,2018) (affirming final judgment against him on his hostile-work-environment claims: there is no basis for reversal)Workers Compensation/Occupational Safety and Disease*Otero v. Commissioner, SSA (10th Cir., August […]
Discrimination/Retaliation*Peavy v. Labor Source, LLC (10th Cir., June 26, 2018) (affirming denial of Peavy’s “collateral attack” on dismissal of his discrimination suit from 2015: he presented no fact or law permitting reversal) Labor Unions Janus v. American Federation of State, County, and Municipal Employees, Council 31 (U.S., June 27, 2018) (States and public-sector unions may not […]
Discrimination/Retaliation *Mielnicki v. Wal-Mart Stores, Inc. (10th Cir., June 20, 2018) (affirming summary judgment in favor of Wal-Mart on ADA claim: she failed to raise an issue of material fact as to her ability as a maintenance associate)ERISA and Employee Pension Plans Wisconsin Central Ltd., et al., v. United States (U.S., June 21, 2018) (reversing […]
Discrimination/Retaliation*Harrington v. Ozark Waffle, LLC (10th Cir., May 29, 2018) (affirming dismissal: Harrington did not show any abuse of discretion in the trial court’s dismissal of his employment discrimination claim)*Rolland v. Carnation Building Services, Inc. (10th Cir., May 30, 2018) (affirming summary judgment in favor of Carnation: its reasons for terminating Rolland were consistent, and Rolland […]
Discrimination/Retaliation *Christmon v. B&B Airparts, Inc. (10th Cir., May 24, 2018) (affirming summary judgment in favor of B&B on Christmon’s religious discrimination claim: B&B reasonably accommodated Christmon’s beliefs) Labor Unions Epic Systems Corp. v. Lewis (U.S., May 21, 2018) (The Federal Arbitration Act mandates that arbitration agreements providing for individual proceedings be enforced as written) […]
