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*Arbogast v. State of Kansas (10th Cir., October 10, 2018) (affirming 12(b)(6) dismissal based on Arbogast’s failure to satisfy the Rehabilitation Act’s statute of limitations)First American Title Insurance Company v. Northwest Title Insurance Agency (10th Cir., October 9, 2018) (affirming jury award against former employees who left to form a competing company, encouraging others […]
Discrimination/Retaliation*Salemi v. Colorado Public Employees’ Retirement Association (10th Cir., August 17, 2018) (affirming summary judgment for the Association as to Salemi’s discrimination and retaliation claims under under Title VII, ยง 1981, the First Amendment, and the FMLA)*McFarland v. City and County of Denver (10th Cir., August 17, 2018) (affirming summary judgment for Denver on McFarland’s failure-to-accommodate claim)Wages*Acosta v. […]
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 *Gardenhire v. Manville (10th Circuit, February 7, 2018) (affirming summary judgment in favor of Manville on Gardenhire’s ADA claims (Manville made reasonable accommodations) and his FMLA claims for retaliation (lack of causation), interference (none with his FMLA rights), and Title VII racial discrimination (white employees were not similarly situated)) Workers Compensation/Occupational Safety and Disease Spring Creek […]
Discrimination/Retaliation*Bright v. University of Oklahoma Board of Regents (10th Cir., December 5, 2017) (vacating sovereign-immunity dismissal of Bright’s ADA claim: the dismissal was proper but should have been without prejudice)Miscellaneous*Iglesia Pentecostal Casa de Dios para las Naciones, Inc. v. Duke (10th Cir., December 6, 2017) (affirming denial of visa for music director employee on Iglesia’s violation […]
Discrimination/Retaliation *Brown v. LaFerry’s LP Gas Co., Inc. (10th Cir., September 19, 2017) (affirming dismissal, for failure to state a claim, of Brown’s racial discrimination and retaliation claims under Title VII of the Civil Rights Act: his coworkers refusal to speak to him did not, in the court’s opinion, create a hostile work environment or […]
In a decision issued on February 27, 2017, the Tenth Circuit Court of Appeals, the federal appellate court with jurisdiction over Utah, ruled that an employer justifiably refused to comply with an EEOC subpoena that sought information in an investigation into company-wide discrimination spurred by what the EEOC alleged was a company’s admission of wrongdoing […]
Discrimination/Retaliation*Johnston v. Mini Mart, Inc. (10th Cir., January 9, 2017) (affirming summary judgement in favor of Mini Mart on Johnston’s ADA claim; Johnston raised no genuine issues of material fact)*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, […]
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 […]
