ERISACeco Concrete Construction, LLC, v. Centennial State Carpenters Pension Trust (10th Cir., May 3, 2016) (reversing summary judgement in favor of Ceco, because Ceco failed to comply with the Multiemployer Pension Plan Amendment Act (MPPAA))Miscellaneous*Broughton v. Merit Systems Protection Board (10th Cir., May 5, 2016) (affirming dismissal for failure to state an intelligible claim under Rule […]
Contract/Noncompete/Trade Secret/Wrongful Termination Brenner v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming Workforce Appeals Board determination that Brenner had been discharged for just cause was supported by substantial evidence) Needle v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming determination that Needle’s “program advocates” are employees rather than independent […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Kontgis v. Salt Lake City Corporation (10th Cir., April 18, 2016) (affirming summary judgment in favor of SLC Corp. on Kontgis’s wrongful termination claim because she had had the due process for which the law provided) Discrimination and Retaliation Walton v. Powell (10th Cir., April 19,2016) (affirming district court because firing a civil service […]
Discrimination/Retaliation *Robinson v. St. John Medical Center, Inc. (10th Cir., April 13, 2016) (affirming summary judgment in favor of St. John on Robinson’s claims for race discrimination, retaliation, and wrongful termination) *McGowan v. Board of Trustees (10th Cir., April 13, 2016) (affirming summary judgment in favor of defendant university on McGowan’s claims of racial discrimination […]
Contract/Noncompete/Trade Secret/Wrongful Termination Hollenbach v. Salt Lake City Corporation (Utah, April 7, 2016) (reversing Civil Service Commission determination that it lacked jurisdiction over Hollenbach’s termination appeal because filing applies upon mail cancellation)Discrimination/Retaliation*Tuffa v. Flight Services & Systems, Inc. (10th Cir., April 5, 2016) (affirming exclusion of EEOC letter as to possible discrimination in the termination […]
Contract/Noncompete/Trade Secret/Wrongful TerminationClearOne, Inc., v. Revolabs, Inc. (Utah, April 1, 2016) (Revolabs lacked sufficient contact with Utah for ClearOne to bring suit in Utah for predatory hiring, contractual interference, and abetting breach of fiduciary duty)Labor Unions*Ortega v. New Mexico Legal Aid, Inc. (10th Cir., March 29, 2016) (affirming dismissal of breach-of-contract claim for failure to […]
Discrimination/Retaliation *Poll v. Lew (10th Cir., March 15, 2016) (affirming dismissal, for lack of subject matter jurisdiction, of Poll’s claims for discriminatory retaliation in violation of Title VII, brought 30 years after his termination, and contrary to a settlement agreement and an injunction) Workers Compensation/Occupational Safety and Disease *Bradley v. Colvin (10th Cir., March 15, 2016) […]
ERISAGobeille v. Liberty Mutual Insurance Company (U.S., March 1, 2016) (affirming the 2nd Circuit’s conclusion that ERISA’s reporting, disclosure, and record provisions pre-empt state law (in this case Vermont’s) imposing duties inconsistent therewith, and regardless of ACA pre-emption. Workers Compensation/Occupational Safety & Disease*Lopez v. Colvin (10th Cir., February 29, 2016) (reversing denial of social security benefits […]
Discrimination/Retaliation *Adair v. Wichita Public Schools, District 259 (10th Cir., February 22, 2016) (affirming summary judgment against Adair based upon his failure to present any factual material in opposition) Workers Compensation/Occupational Safety & Disease Allman v. Colvin (10th Cir., February 23, 2016) (affirming denial of benefits)*Fry v. American Home Assurance Company (10th Cir., February 25, 2016) (affirming summary […]
ERISALebahn v. Owens (10th Cir., February 19, 2016) (affirming denial of Lebahn’s untimely 60(b) motion in regard to Owens’ fiduciary status)*Messick v. McKesson Corporation (10th Cir., February 17, 2016) (vacating district court order in light of procedural irregularity an incomplete record, and remanding to insurer for further administrative appeal) Wrongful TerminationReynolds v. Gentry Finance Corporation (Utah […]
