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 […]
Defamation *Williams v. United States (10th Cir., August 28, 2019) (affirming dismissal of defamation claim and Bivens action) Discrimination ~ Retaliation Singh v. Cordle (10th Cir., August 28, 2019) (reversing denial of summary judgment in favor of Cordle on First Amendment retaliation claim, but affirming on remaining claims) Public Employers ~ Employees *Alcorn v. La […]
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/Wrongful TerminationKnopf v. Williams (10th Cir., March 5, 2018) (reversing summary judgment denying Mayor Williams qualified immunity on Knopf’s protected-speech retaliation claim: Knopf did not carry his burden to show violation of an established constitutional right: his speech was not protected private speech)*Sidlo v. MillerCoors, LLC (10th Cir., March 7, 2018) (affirming summary judgment for […]
Contract/Noncompete/Trade Secret/Wrongful Termination Salo v. Tyler (Utah, February 22, 2018) (affirming summary judgment in favor of University of Utah Hospital pharmacy employees on Salo’s defamation and other claims: defendants acted within the scope of their employment: they were engaged in the type of work they were employed to perform and their actions were not willful) […]
Defamation Fox-Rivera v. Colorado Department of Public Health (10th Cir., April 23, 2015) (affirming dismissal for plaintiff’s failure to state a claim that his reputation was impugned) Discrimination Chavez-Acosta v. Southwest Cheese Company, LLC (10th Cir., April 20, 2015) (upholding verdict in favor of Southwest Cheese on claims of hostile work environment and sexual harassment) […]
Giles v. Mineral Resources International, Inc. (Utah Ct. App., October 30, 2014) (breach of fiduciary duty based upon covenant not to compete) Moffett v. Colvin, Acting Commissioner (10th Cir., October 30, 2014) (affirming denial of application for disability insurance benefits) Hutchins v. Cessna Aircraft Company (10th Cir., October 30, 2014) (affirming summary judgement in favor […]
Stewart v. Oklahoma Office of Juvenile Affairs (10thCir., September 25, 2014) (affirming summary judgement on discrimination claim) Collvins v. Hennebold (10th Cir., September 25, 2014)(affirming denial of motion to amend ss. 1983 complaint) Benton v. Town of South Fork (10th Cir., September24, 2014) (affirming dismissal of federal claims and numerous state claims, but remanding on […]
The Utah Court of Appeals upheld a trial court’s summary judgment dismissal of a former employee’s claim against Target for breach of contract, intentional and negligent infliction of emotional distress, and defamation. In a twenty page opinion, the court said that the employee, who had been caught on camera taking a customer’s wallet, had no […]
In a decision issued July 31, 2009, the Utah Supreme Court ruled that in order for an employee to prevail on a defamation claim against his or her former employer, the employee must show that the employer knew the statements were false or acted in reckless disregard of the truth of the statement. The case, […]
