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 *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 […]
Public Employees *Drown v. Utah State Office of Education (10th Cir., April 8, 2019) (affirming dismissal of Drown’s ADA, Rehabilitation Act, and § 1983 claims against the Utah Board of Education, the school district, and employees: her claims were untimely and improperly prospective) Contract / Noncompete / Trade Secret / Wrongful Termination *Romero v. Helmerich […]
Public Employees Lindsey v. Hyler (10th Cir., March 19, 2019) (a municipality may not be held liable for the actions of its employees if those actions do not constitute a violation of a plaintiff’s constitutional rights)
Discrimination/Retaliation *Franken v. Bernhardt (10th Cir., February 11, 2019) (affirming dismissal of sexual-orientation discrimination and retaliation complaint by former Yellowstone Park employee: the district court was correct in holding the claims preempted by the Civil Service Reform Act) Bekkem v. Wilkie (10th Cir., February 12, 2019) (affirming summary judgment for Wilkie on Bekkem’s unequal pay […]
Discrimination/Retaliation *Christmon v. B&B Airparts, Inc. (10th Cir., May 24, 2018) (affirming summary judgment in favor of B&B on Christmon’s religious discrimination claim: B&B reasonably accommodated Christmon’s beliefs) Labor Unions Epic Systems Corp. v. Lewis (U.S., May 21, 2018) (The Federal Arbitration Act mandates that arbitration agreements providing for individual proceedings be enforced as written) […]
The Utah Legislature recently passed legislation, SB 199, requiring all public employers in the state to give a copy of the Utah Protection of Public Employees Act to all employees when they are hired and, once again, if they file a complaint or grievance alleging retaliatory action for whistleblowing. Before the amendment, an employer was […]
Contract/Noncompete/Trade Secret/Wrongful TerminationAiono v. Department of Corrections (Utah Ct. App., August 10, 2017) (setting aside the decision to terminate Aiono for violating policy governing contact with incarcerated relatives: the policy’s plain language did not prohibit Aiono’s contact nor specify a time frame for disclosure form submittal. An employee cannot be fired for conduct that is […]
Discrimination/Retaliation*Henson v. Amerigas Propane, Inc. (10th Cir., March 10, 2017) (affirming summary judgment in favor of Amerigas: Henson failed to show Amerigas’s stated reasons for firing him were pretexts for unlawfuldiscrimination and retaliation)ERISA and Employee Pension PlansSEC v. DeYoung (10th Cir., March 9, 2017) (affirming district court approval of a settlement including a bar to […]
Contract/Noncompete/Trade Secret/Wrongful Termination Washington v. Unified Government of Wyandotte County (10th Cir., February 6, 2017) (affirming summary judgement in favor of the County because the County’s random drug test violated neither the Fourth Amendment nor any other constitutional or statutory right) Public Employees/Employers Welty v. Retirement Board (Utah Ct. App., February 9, 2017) (declining to […]
