Contract/Noncompete/Trade Secret/Wrongful Termination*Coleman v. Utah State Charter School Board (10th Cir., December 16, 2016) (affirming summary judgment in favor of the Board because its members were entitled to qualified immunity)Discrimination/Retaliation*Jackson v. J.R. Simplot Co. (10th Cir., Dec. 15, 2016) (affirming summary judgment in favor of Simplot on Jackson’s pregnancy discrimination claim, under the McDonnell Douglas […]
Discrimination/Retaliation *Lancaster v. Sprint/United Management Co. (10th Cir., November 23, 2016) (affirming summary judgment in favor of Sprint: Lancaster failed to timely serve process and unwarrantedly sought indeterminate leave under the ADA) *Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the […]
Contract/Noncompete/Trade Secret/Wrongful Termination*Williams v. McKee (10th Cir., July 20, 2016) (affirming dismissal of Williams’ ss 1983 claims for termination in violation of due process because his complaint failed to state any constitutional violation, and refusal to exercise jurisdiction of Williams’ state-law retaliation claim)Discrimination / Retaliation*Hollis v. Aerotek, Inc. (10th Cir., July 19, 2016) (affirming summary judgement in […]
Discrimination & Retaliation Osborne v. Baxter Healthcare Corporation (10th Cir.,August 24, 2015) (reversing summary judgement in favor of Baxter Healthcare because there remains a genuine issue of material fact as to Osborne’s ability to perform the work at issue) *Macias v. Southwest Cheese Company, LLC (10th Cir.,August 24, 2015) (reversing summary judgement for Southwest Cheese […]
Discrimination and Retaliation Arbogast v. Kansas Department of Labor (10th Cir., June 19, 2015) (court lacked jurisdiction to consider state department of labor’s capacity to be sued, but affirms the department’s nonentitlement to eleventh-amendment immunity) Martinez v. Southwest Cheese Company (10th Cir., June 18, 2015) (affirming exclusion of portions of affidavits and summary judgement in […]
Workers Compensation Jones v. Colvin (10th Cir., May 1, 2015) (affirming denial of social security, disability benefits, and disabled widows benefits based on weight given to the treating physician’s testimony) Public Employees Hollenbach v. Salt Lake City Civil Service Commission (Utah Ct. App., April 30, 2015) (declining to disturb commission’s approval of 60-hour suspension against […]
Discrimination Rowe v. United Airlines (10th Cir., April 16, 2015) (affirming summary judgment in favor of United Airlines on FMLA and ADA claims and Illinois Human Rights Act based on plaintiff dishonesty) Public Employees Valencia v. City of Santa Fe (10th Cir., April 14, 2015) (upholding denial of post-judgment relief and dismissing for lack of […]
Discrimination/Retaliation McDonald v. The Boeing Company (10thCir., March 3, 2015) (affirming summary judgment in favor of Boeing becauseMcDonald could show no pretext for his termination) McCauley v. Board of Commissioners forBernalillo County (10th Cir., March 2, 2015) (affirming summaryjudgment on age discrimination and retaliation claims) Wages Ellis v. J.R.’s Country Stores, Inc. (10th Cir., March […]
Mendez v. Colvin, Acting Commissioner (10th Cir., October 21, 2014) (affirming denial of benefits) Silva v. Colvin, Acting Commissioner (10th Cir., October 21, 2014) (affirming denial of social security benefits: res judicata, no due process violation for notice in English without Spanish translation)Sumrall v. Merit Systems Protection Board (10th Cir., October 23, 2014) (affirming dismissal […]
BLAUER v. DEPARTMENT OF WORKFORCE SERVICES 2014 UT App. 100 (Utah Ct. App., May 1, 2014) When [ironies] come, they come not single spies, but in battalions. — Paraphrasing Hamlet IV.v The Department of Workforce Services, charged with administering Utah employment law, fired Blauer, its legal counsel, for rejecting its proposed accommodations to his […]
