Discrimination ~ Retaliation *Bond v. Wormuth (10th Cir., December 14, 2022) (affirming summary judgment in favor of defendant on Bond’s employment discrimination claims: Bond failed to exhaust her administrative remedies.)’: Bond failed to exhaust her administrative remedies.) Public Employers~Employees *Pigeon v. Oklahoma City (10th Cir., December 14, 2022) (affirming summary judgment in favor of the […]
Public Employers ~ Employees Hunt v. Montano (10th Cir., July 6, 2022) (reversing denial of qualified immunity on child-abuse and wrongful death as to employees of the New Mexico Children, Youth and Families Department, but reversing and remanding as to two of them to determine whether they had violated clearly established law) *Cases marked with […]
CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION *Booth v. Home Depot (10th Cir., April 5, 2022) (affirming dismissal of Booth’s complaint for wrongful termination pursuant to Burk v. KMart Corp., 770 P.2d 24 (Okla. 1989), a court-created cause of action to redress a termination in violation of “a clear mandate of public policy”: […]
Discrimination~Retaliation *Benaissa v. Salina Regional Health Center, Inc. (10th Cir., December 2, 2021) (affirming summary judgment in favor of Salina on Benaissa’s Title VII discrimination and retaliation claims: The EEOC and, later, the District Court, correctly concluded that, since Benaissa was not an employee of Salina, all of his Title VII discrimination and retaliation claims […]
Discrimination ~ Retaliation *Davis v. State of Utah (10th Cir., September 2, 2021) (affirming dismissal of plaintiffs’ employment-related claims against Utah and the University of Utah: plaintiffs’ First-Amendment allegations failed to overcome their qualified-immunity burden, and plaintiffs’ state-law claims were untimely) *Guy v. McDonough (10th Cir., August 30, 2021) (affirming summary judgment in favor of […]
Public Employers/Employees *Ratheal v. United States (10th Cir., August 16, 2021) (affirming dismissal of Ratheal’s negligence, misrepresentation, and abuse of process claims for lack of subject matter jurisdiction: the claims were barred under the discretionary function exception to the Federal Tort Claims Act’s waiver of sovereign immunity) *Cases marked with an asterisk are not binding […]
Discrimination ~ Retaliation *Lister v. Western Industries Corporation (10th Cir., July 19, 2021) (affirming summary judgment in favor of Western Industries on Lister’s claim of racial discrimination: Western’s stated reason for terminating Lister—violation of safety protocol—was not pretextual) Public Employers/Employees *Blackburn v. U.S. (10th Cir., July 19, 2021) (reversing dismissal of the Blackburns’ negligent performance […]
Miscellaneous Sheppard v. Geneva Rock (Utah, July 15, 2021) (reversing the district court’s grant of Geneva Rock‘s motion in limine excluding, as irrelevant, all liability evidence, and holding as error the court’s exclusion of Geneva Rock‘s employment practices: that evidence was still relevant after Geneva Rock had admitted liability) Public Emloyers ~ Employees Ramon v. […]
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. […]
Public Employer ~ Employees Brownback v. King (U.S., February 25, 2021) (reversing the Sixth Circuit’s determination that the district court’s dismissal of King’s Federal Tort Claims Act claims did not trigger the 28 USC §1346(b) judgment bar to block his Bivens claims: The District Court’s order was a judgment on the merits of the FTCA […]
