Discrimination~Retaliation *Kahler v. Walmart, Inc. (10th Cir., January 3, 2023) (affirming dismissal of Kahler’s complaint for retaliation, wrongful termination, and failure to rehire: Kahler’s only claims not barred by res judicata fail to state a cause of action) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the […]
Contract~Noncompete~Trade Secrets~Wrongful Termination *Parmenter v. City of Nowata (10th Cir., August 19, 2022) (reversing summary judgment in favor of Nowata on Parmenter’s claim that the city denied him procedural due process, and remanding for determination as to whether Parmenter had a protected interest in his position and, if so, whether hereceived appropriate process) *LS3, Inc. […]
DISCRIMINATION ~ RETALIATION *Peterson v. Williams (10th Cir., May 5, 2022) (affirming defendants’ motion to dismiss Peterson’s first-amendment retaliation claim: Peterson failed to plausibly plead that he spoke as a citizen on a matter of public concern) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, […]
CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION *Wilson v. IC Bus (10th Cir., April 19, 2022) (affirming summary judgment in favor of IC Bus: Wilson could show no error in the trial court’s determination that Wilson was fired for violations of its sexual harassment policy and failure to report others’ violations; his motions […]
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”: […]
Contract~Noncompete~Trade Secret~Wrongful Termination *Clarkson v. Board of Regents (10th Cir., March 31, 2022) (affirming summary judgment in favor of the Board of Regents on Clarkson’s breach of contract and § 1983 claims: The defendants were not “persons” amenable to suit under § 1983, and the evidence did not show a violation of Clarkson’s constitutional rights. […]
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 […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Ostler v. Department of Public Safety (Utah Ct. App., January 21, 2022) (reversing denial of Ostler’s motion to amend his complaint after dismissal: Because both sides put forth reasonable interpretations of the contact provision at issue, the provision was, by definition, ambiguous. Thus, Ostler’s amended complaint […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Tomkins v. U.S. Department of Veterans Affairs (10th Cir., October 25, 2021) (affirming dismissal of Tompkins’ administrative procedures act and due process claims for lack of jurisdiction: the Veterans’ Benefit Act is Tompkins’ exclusive remedy, Tompkins failed to identify an applicable waiver of sovereign immunity, and […]
Contract~Noncompete~Trade-Secret~Wrongful Termination *Williams v. Keller (10th Cir., October 1, 2021) (affirming dismissal of Williams’ malicious prosecution claim after his dismissal and later the indictment brought against him as a result of his alleged unlawful exportation of goods in connection with his employer’s F-16 foreign military sales program: the indictment was dismissed, but Williams failed to […]
