Cases—August 21st through 27th, 2022

Discrimination~Retaliation *Gabriel v. Trans Am Trucking Co. (10th Cir., August 25, 2022) (affirming dismissal of Gabriel’s complaint under the ADA and motion to recuse: The complaint was incomprehensible, and Gabriel showed no viable evidence of bias) Ford v. Jackson National Life Insurance Co. (10th Cir., August 23, 2022) (affirming dismissal of Ford’s discrimination claim, but […]

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Cases — April 17th through 23rd, 2022

CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION *Wilson v. IC Bus (10th Cir., April 19, 2022) (affirming summary judgment in favor of IC Bus: Wilson could show no error in the trial court’s determination that Wilson was fired for violations of its sexual harassment policy and failure to report others’ violations; his motions […]

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Cases — September 12th through 18th, 2021

Discrimination~Retaliation Edmonds-Radford v. Southwest Airlines Co. (10th Cir., September 16, 2021) (affirming summary judgment in favor of Southwest on Edmonds-Radford’s disparate treatment, failure to accommodate, and retaliation claims: Edmonds-Radford failed to establish that her disability was a determining factor in her termination) Brown v. Austin (10th Cir., September 15, 2021) (affirming summary judgment for defendant […]

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Cases — June 20th through 26th, 2021

Discrimination~Retaliation *Alabi v. Vilsack (10th Cir., June 21, 2021) (affirming summary judgment in favor of the USDA on Alabi’s claims of retaliation, hostile work environment, and discrimination: Alabi failed to exhaust his administrative remedies on most of his claims, there was no evidence of material disadvantage from the USDA’s letter of warning, and the minor […]

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Cases — June 13th through 19th, 2021

Discrimination ~ Retaliation *Neri v. Board of Education for Albuquerque Public Schools (10th Cir., June 14, 2021) (affirming summary judgment in favor of Board of Education on Neri’s ADA discrimination, hostile work environment, constructive discharge, and failure to accommodate claims, but reversing as to her claim of discrimination by demotion and her retaliation claim: Mrs. […]

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Cases — December 6th through 12th, 2020

Contract~Noncompete~Trade Secret~Wrongful Termination   Alfaro-Huitron v. Cervantes Agribusiness (10th Cir., December 11, 2020) (reversing summary judgment in favor of Cervantes on Plaintiff’s claims for breach of contract and violation of the Migrant and Seasonal Agricultural Worker Protection Act: the evidence suffices for a finding that the hiring contractor was acting as Cervantes’s agent when it […]

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Cases — September 27th through October 3rd, 2020

Discrimination~Retaliation Sanderson v. Wyoming Highway Patrol (10th Cir., September 30, 2020) (affirming dismissal of Sanderson’s retaliation claim but reversing summary judgment on her hostile work environment claim: A reasonable jury could find that she had raised genuine issues of fact as to the severity and pervasiveness prong of her hostile work environment claim)

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2020 Legislation

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 […]

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Cases — September 1st through 7th, 2019

Discrimination / Retaliation *Mestas v. Town of Evansville (10th Cir., September 6, 2019) (reversing summary judgment in favor of Evansville on Mestas’ ADA and Title VII hostile work environment and retaliation claims: genuine issues of material fact preclude summary judgment) Workers Compensation ~ Occupational Safety & Disease *Guice v. Commissioner (10th Cir., September 5, 2019) […]

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Cases — April 28th through May 4th, 2019

Discrimination / Retaliation *Provencio v. Intel Corporation (10th Cir., April 30, 2019) (affirming summary judgment in favor of Intel on her retaliation and hostile work environment claims) False Claim Act United States ex rel. Reed v. Keypoint Government Solutions (10th Cir., April 30, 2019) (vacating summary judgment against Reed on her claim that Keypoint fraudulently […]

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