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) […]
Discrimination/Retaliation*Rusk v. State of Utah (10th Cir., October 26, 2016) (affirming dismissal of Rusk’s discrimination/retaliation claim as barred by sovereign immunity)*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for […]
The Tenth Circuit ruled that an arbitrator drew from the essence of the labor contract when he reinstated an employee and imposed a last chance agreement on the employee despite the employee having violated a company rule and then lying about it. In Chevron Mining Inc. v. United Mine Workers of America Local 1307, the […]
In Williams v. Solvay Chemicals Inc., the Tenth Circuit Court of Appeals, the federal court having jurisdiction over Utah, ruled that an employee who was terminated for sleeping on the job did not have a claim against his employer even thought he had an employment contract that only allowed for termination for good cause. The court, […]
The Tenth Circuit ruled in an unpublished decision today that a union member did not have a claim against his union for violating the duty of fair representation. In Menges v. ABF Freight System, Inc., the court ruled that, although the union agent representing an employee in a grievance hearing after the employee was terminated may […]
On May 14, 2010, the Utah Supreme Court ruled that Utah health care facilities are not immune from claims brought by patients against them asserting that the facilities were negligent when they credential doctors or health care professionals at their hospitals. In Archuleta v. St. Mark’s Hospital, the Court stated that “negligent credentialing is ‘simply the […]
In Olson v. Utah Department of Health, the Utah Court of Appeals ruled that the Career Service Review Board (CSRB), established for review of certain disciplinary actions taken against state employees, did not have jurisdiction over the appeal of a disciplinary transfer of an employee. It ruled this way even though when originally transferred the […]
