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 […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Rivero v. Board of Regents (10th Cir., February 24, 2020) (affirming summary judgment in favor of defendants: Rivero’s claim that his psychiatric examinations violated the Rehabilitation Act was untimely, and his constructive discharge claim failed because his working conditions were not objectively intolerable) ERISA and Employee […]
Wages Jordan v. Maxim Healthcare Services, Inc. (10th Cir., February 19, 2020) (reversing judgment in favor of Jordan et al. on their overtime claim: Colorado law carves out several exemptions from overtime wage requirements, including “companions,” even those employed by third parties)
Public Employees Haynes v. Department of Public Safety (Utah Ct. App., February 6, 2020) (reversing dismissal of Haynes’s breach of contract action: the relevant terms of the settlement agreement under which Haynes supposedly failed to perform were ambiguous) Wages Aguilar v. Management and Training Corp. (10th Cir., February 4, 2020) (reversing summary judgment in favor […]
Discrimination ~ Retaliation *Ade v. Conklin Cars Salina, LLC (10th Cir., January 30, 2020) (affirming summary judgment in favor of Conklin on her sex discrimination and retaliatory discharge claims: Ade did not show pretext, nor did the sales contest at issue trigger whistleblower law) *Cases marked with an asterisk are not binding precedent, except under […]
Contract ~ Noncompete ~ Trade-Secret ~ Wrongful Termination Heartwood Home v. Huber (Utah Ct. App., January 24, 2020) (affirming summary judgment in favor of defendants: Heartwood failed to include the contract in the record; nor did it carry its burden of persuasion on its claims for breach of confidentiality and loyalty) Workers Compensation ~ Occupational […]
ERISA & Employee Pension Plans Retirement Plans Committee of IBM v. Jander (U.S., January 14, 2020) (vacating judgment below and remanding for the 2nd Circuit to address arguments not addressed below regarding ERISA fiduciaries duty of prudence) Worker’ Compensation ~ Occupational Safety and Disease *Gutierrez v. Commissioner (10th Cir., January 13, 2020) (affirming decision below […]
Discrimination~Retaliation *Payan v. UPS (10th Cir., November 25, 2019) (affirming summary judgment in favor of UPS on Payan’s racial discrimination and retaliation claims: UPS offered consistent justifications for its disciplinary decision, committed no procedural irregularities, and treated Payan no differently than similarly-situated employees) *Cases marked with an asterisk are not binding precedent, except under the […]
Workers’ Compensation ~ Occupational Safety and Disease Pritchard v. Labor Commission (Utah Ct. App., November 15, 2019) (affirming denial of workers’ compensation benefits: Pritchard’s spinal condition was not caused, aggravated, or worsened by her work exposure) *Progressive Northern Insurance Company v. Peavler (10th Cir., November 13, 2019) (affirming summary judgment in favor of Progressive: Peavler’s […]
Discrimination ~ Retaliation *Gaskin v. Science Applications International, Inc. (10th Cir., November 8, 2019) (affirming summary judgment in favor of SAI on Gaskin’s sex discrimination claim: SAI had a legitimate nondiscriminatory reason—inappropriate conduct—to terminate Gaskin) Tesone v. Empire Marketing Strategies (10th Cir., November 8, 2019) (reversing summary judgment in favor of Empire on Tesone’s ADA […]
