Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Conner v. Department of Commerce (Utah Ct. App., May 23, 2019) (affirming dismissal of Conner’s wrongful termination claim: Conner failed to show that the Utah State Personnel Management Act (Utah Code ยง 67-19-15) creates a private right of action) Discrimination ~ Retaliation Sasser v. Salt Lake […]
Discrimination / Retaliation *Braxton v. Nortek Air Solutions, LLC (10th Cir., April 23, 2019) (affirming summary judgment for Nortek: Plaintiffs could not state a prima facie case for discrimination or retaliation) ERISA Teets v. Great-West Life and Annuity (10th Cir., April 22, 2019) (denying en-banc rehearing: the original holding stands: Great-West does not act as […]
Labor Unions*National Labor Relations Board v. Wolf Creek Nuclear Operating Corporation (10th Cir., January 29, 2019) (Granting the Board’s application for enforcement of 2018 decision holding the Buyers were nonmanagerial employees representable by the union)Workers Compensation/Occupational Safety and Disease*Deardorff v. Commissioner, SSA (10th Cir., January 29, 2019) (reversing denial of disability benefits: the ALJ failed to consider […]
Miscellaneous Salt Lake City v. Kidd (Utah, January 23, 2019) (Kidd failed to preserve or to brief her equal protection or First Amendment claims in connection with her conviction for working as an escort without a license) Wages Cummings v. Dean (10th Cir., January 24, 2019) (reversing denial of qualified immunity to Dean, director of Labor […]
WagesNew Prime, Inc., v. Oliveira (U.S., January 15, 2019) (affirming decision that the Federal Arbitration Act excepts from coverage disputes involving “contracts of employment” and that the term “contracts of employment” covers, not just employer-employee relationships, but contracts with independent contractors, as well)Workers Compensation/Occupational Safety and Disease Liberty Mutual Fire Insurance Company v. Woolman (10th Cir., […]
Contract/Noncompete/Trade Secret/Wrongful TerminationDTC Energy Group, Inc., v. Hirschfeld (10th Cir., December 28, 2018) (affirming denial of DTC’s motion for preliminary injunction for, inter alia, breach of contract and misappropriation of trade secrets: DTC could not show that Hirschfeld’s ongoing solicitation of DTC clients violated his employment agreement)Workers Compensation/Occupational Safety and DiseaseSchulenberg v. BNSF Railway Company (10th Cir., December 27, […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Hawg Tools, LLC, v. Newsco International (10th Cir., December 18, 2018) (affirming denial of motion to reopen claims for trade secret misappropriation of a trade secret; the district court correctly held it barred by claim preclusion)Discrimination/Retaliation*Medearis v. City of Tahlequah (10th Cir., December 21, 2018) (affirming summary judgment in favor of the […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Jones v. Office of Administrative Hearings (10th Cir., December 11, 2018) (affirming dismissal of Jones’s equal protection and due process claims after she was fired after failing a drug test) Workers Compensation/Occupational Safety and Disease *Vigil v. Commissioner, SSA (10th Cir., December 11, 2018) (affirming denial of disability benefits: Vigil failed to satisfy the […]
Workers Compensation/Occupational Safety and DiseaseStraub v. BNSF Railway Company (10th Cir., December 3, 2018) (reversing dismissal of Straub’s FELA claim insofar as it is based on Locomotive Inspection Act strict liability)
Wages*Agrawal v. Ogden (10th Cir., November 28, 2018) (affirming latest dismissal in a lengthy series of actions seeking to void the results of an unpaid wage dispute) *The 10th Circuit has declared this case not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, […]
