Discrimination~Retaliation Parker v. United Airlines, Inc. (10th Cir., September 26, 2022) (affirming summary judgment in favor of United: United’s seeking independent review of Parker’s misconduct broke any causal chain between Parker’s FMLA leave and any retaliatory action by her supervisors) Workers Compensation ~ Occupational Safety and Disease Energy West Mining Company v. Bristow (10th Cir., […]
Contract ~ Noncompete ~ Trade Secrets ~ Wrongful Termination *Donez v. Leprino Foods, Inc. (10th Cir., February 18, 2022) (affirming summary judgment for Leprino on Donez’s claims for wrongful-termination against public policy and discrimination: even if Colorado recognized self-defense as an exception to at-will termination, Donez failed to show that he was fired due to […]
Workers’ Compensation ~ Occupational Safety and Disease *Mares v. Colorado Coalition for the Homeless (10th Cir., December 7, 2021) (affirming summary judgment for the CCH on Mares’s claim that she was fired in violation of the ADA: Mares did have approval for intermittent FMLA leave, but she she was still required to give CCH notice, […]
Miscellaneous Fedor v. United Healthcare, Inc. (10th Cir., September 16, 2020) (vacating order compelling arbitration claims against Fedor’s former employer: the district court impermissibly compelled arbitrarion before finding an arbitration agreement existed) Workers Compensation ~ Occupational Safety and Disease Aubrey v. Koppes (10th Cir., September 18, 2020) (reversing summary judgment in favor of the county […]
Discrimination ~ Retaliation *Simon v. City and County of Denver (10th Cir., September 24, 2019) (affirming summary judgment in favor of Denver on former police officer Simon’s claim that Denver fired her for taking FMLA leave: the record does not show that her termination was retaliatory) *Cases marked with an asterisk are not binding precedent, […]
Businesses throughout this country—whether small, medium, or large—are busy trying to make money by providing goods and services to their customers and clients. Charities, schools, governmental entities are also trying to provide services to their constituencies to help them. It is fair to say that all such organizations—at least the ones that intend to survive—are […]
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 […]
Discrimination/Retaliation*Dulany v. Brennan (10th Cir., June 7, 2018) (affirming summary judgment against Dulany on her retaliation and FMLA claims: Dulany could not show either retaliation or constructive discharge)*The court declared this case not to be binding precedent except under the doctrines of law of the case, res judicata, and/or collateral estoppel. It may be cited, […]
Discrimination/Retaliation *Campos v. Mantech International Corporation (10th Cir., February 13, 2018) (affirming denial of Rule 60(b) motion for reconsideration: such a motion is not the appropriate way to present arguments that could have been raised previously, nor as a substitute for taking an appeal) *Gatewood v. VA GOV. Compensation (10th Cir., February 13, 2018) (affirming dismissal of […]
Contract/Noncompete/Trade Secret/Wrongful Termination*Utter v. Amie Rose Colclazier (10th Cir., November 6, 2017) (affirming dismissal of implied employment contract and FMLA retaliation claims, but reversing dismissal of breach of contract and First Amendment claims)*Rael v. Smith’s Food and Drug Centers, Inc. (10th Cir., November 7, 2017) (affirming dismissal of Rael’s state law harassment and emotional distress claims as preempted […]
