Contract ~ Noncompete ~ Trade Secret~ Wrongful Termination *Channon v. Tavanger (10th Cir., July 14, 2020) (affirming dismissal: Channon’s claims failed under applicable California law regarding employment questions because he could not show that the federal charges against him did not result in conviction, and his civil conspiracy claims were not actionable) Discrimination ~ Retaliation *Bethscheider v. Westar Energy (10th […]
Contract/Noncompete/Trade Secret/Wrongful Termination Salo v. Tyler (Utah, February 22, 2018) (affirming summary judgment in favor of University of Utah Hospital pharmacy employees on Salo’s defamation and other claims: defendants acted within the scope of their employment: they were engaged in the type of work they were employed to perform and their actions were not willful) […]
Discrimination/Retaliation*Garcia v. City of Farmington (10th Cir., October 20, 2017) (affirming summary judgment in favor of Farmington: Garcia’s characterization of Farmington’s perception of her cannot support liability for either discrimination or retaliation)ERISAOwings v. United of Omaha (10th Cir., October 17, 2017) (reversing summary judgment in favor of United, which was arbitrary and capricious in determining the date […]
Contract/Noncompete Anderson v. Larry H. Miller Communications (Utah Ct. App., May 29, 2015) (affirming summary judgment in favor of Larry H. Miller based upon the absence of a contract) Pre-Paid Legal Services, Inc,, v. Cahill (10th Cir., May 26, 2015) (affirming lower court’s lifting stay pending arbitration and resuming litigation because defendant failed to […]
In Rzepiennik v. Archstone-Smith, Inc., the Tenth Circuit Court of Appeals, the federal circuit having jurisdiction over Utah, considered the question of when a retaliation claim under the Sarbanes-Oxley Act (SOX) is considered timely. The employee in the case contended that his employer had retaliated against him when he reported financial irregularities internally by terminating […]
