Discrimination~Retaliation Tucker v. Faith Bible Chapel International (10th Cir., June 7, 2022) (dismissing, for lack of jurisdiction, Faith Bible’s interlocutory appeal of Tucker’s claim that he was fired for opposing alleged race discrimination at the school: under the “ministerial exception” defense, anti-discrimination laws do not apply to employment disputes between religious employers and their ministers; […]
Miscellaneous Schvaneveldt v. South Davis Metro Fire Service Area (Utah Ct. App., January 6, 2022) (granting South Davis’s motion for summary disposition and dismissing for lack of jurisdiction: astonishingly, no statute in the Utah Code confers jurisdiction on the courts over South Davis’s final decision to terminate Schvaneveldt—a serious gap in Utah statutory law: employees […]
Discrimination ~ Retaliation *Wu v. Bernhardt (10th Cir., June 26, 2020) (dismissing appeal for lack of jurisdiction and affirming dismissal for improper claim splitting) Public Employers / Employees Sawyers v. Norton (10th Cir., June 23, 2020) (affirming denial of qualified immunity to Defendant detention officers: the appellate court lacked jurisdiction on interlocutory review to address […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Cook Martin Poulson v. Smith (Utah Ct. App., April 9, 2020) (affirming in part and reversing in part findings of contempt, entry of sanctions, and summary and final judgments in connection with injunction regarding noncompete agreement) Discrimination ~ Retaliation Babb v. Wilkie (U.S., April 6, 2020) […]
Miscellaneous Kansas v. Garcia (U.S., March 3, 2020) (reversing Kansas supreme court determination that federal law prohibits information on an I-9 form being used as the basis for state-law identity theft prosecution, in connection with the hiring of unauthorized aliens: Kansas statutes were not expressly preempted, and the assertion that information placed on an I-9 […]
Discrimination/Retaliation*Bryant v. United States Postal Service (10th Cir., November 2, 2018) (reversing dismissal based on lack of jurisdiction and remanding for dismissal for failure to exhaust administrative remedies)*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of the case, res judicata, or […]
Contract/Noncompete/Trade Secret/Wrongful TerminationBeckman v. Cybertary Franchising (Utah Ct App, March 22, 2018) (reversing and remanding for new trial decision against Beckman on her wrongful termination claim and denial of her request for prejudgment interest, vacating award for attorney fees to Cybertary, and reversing fee award to other defendants)ERISA and Employee Pension PlanCyan, Inc., v. Beaver […]
ERISA and Employee Pension Plans GCIU-Employer Retirement Fund v. Coleridge Fine Arts (10th Cir., August 16, 2017) (reversing dismissal, based on lack of personal jurisdiction, of GCIU’s attempt to collect withdrawal liability from defendants)Miscellaneous Aura Spa & Boutique v. Department of Workforce Services (Utah Ct. App., August 17, 2017) (declining to disturb Workforce Appeals Board […]
Discrimination/Retaliation *Jackson v. Besecker (10th Cir., July 5, 2017) (dismissing appeal for lack of jurisdiction: sheriff fired deputy after deputy ran against him in election; deputy sued for retaliation; the sheriff claimed qualified immunity, and the court dismissed)Punt v. Kelly Services (10th Cir., July 6, 2017) (affirming summary judgment in favor of Kelly Services, although an […]
Unemployment Appeals *Board of Education v. Henderson (10th Cir., June 19, 2017) (unhappy with the Navajo Nation’s determination that it had jurisdiction, the school district sought relief in federal court, which dismissed for lack of standing) Workers Compensation/Occupational Safety and Disease *Bell v. Social Security Administration (10th Cir., June 20, 2017) (affirming denial of social security […]
