In Kepas v. eBay, the Tenth Circuit Court of Appeals, with one judge dissenting, affirmed a district court’s decision to compel an employee to arbitrate a dispute. Applying California law, the Court reasoned that, although the arbitration agreement impermissably allowed the arbitration costs to be shifted to Kepas and the agreement was procedurally unconscionable, the defects were […]
In Kosak v. Catholic Health Initiatives, the Tenth Circuit Court of Appeals affirmed judgment against a woman who claimed she was discriminated against because of her age. Despite the woman’s arguments to the contrary, the Tenth Circuit reaffirmed that “an ADEA plaintiff must ordinarily show that her position was filled by a younger person in […]
In Gardner v. Sears Holding Corporation, the Tenth Circuit upheld a trial court’s order granting summary judgment against a man who claimed he was discriminated against on the basis of his age and race when his employment was terminated. The court ruled that because “Kmart had established legitimate, non-discriminatory reasons for reprimanding Mr. Gardner by […]
In Logdson v. Turbines, Inc., the Tenth Circuit Court of Appeals ruled that a former employee who filed a charge of discrimination with the EEOC that contended she had been discriminated against when she was demoted, was not promoted, and was disciplined did not preserve her claims of discriminatory termination. The court ruled that “it […]
In Hall v. Interstate Brands Corporation, the Tenth Circuit Court of Appeals—the federal appellate court having jurisdiction over Utah—recently ruled that a district court correctly dismissed an employee’s discrimination claim against his employer when the employee admitted that he had engaged in misconduct and conceded that there was no evidence other than his own personal […]
The Tenth Circuit Court of Appeals ruled in In re Dittmer that employees who received $34,556 each in payment for their stock appreciation rights (SARs) must return to their employer’s bankruptcy trustee all of the money they received because the SARs were payments from the bankruptcy estate. The employees had argued that the payments were not property of the […]
The Tenth Circuit Court of Appeals—the federal appellate court having jurisdiction over Utah—reversed a district court decision that allowed a former instructor at Utah Valley State College (UVSC) to remove his Age Discrimination in Employment Act and civil rights complaints to state court. In Helmick v. UVSC, the Tenth Circuit ruled that once the trial court […]
In Flood v. ClearOne Communications, Inc., the Tenth Circuit Court of Appeals—the appellate court having jurisdiction over Utah—-overruled a Utah district court judges decision that an employer was required to continue to pay its former CEO’s criminal defense costs. The district court had concluded that the agreement that the former CEO and ClearOne had reached […]
In Jones v. Oklahoma City Public Schools, the Tenth Circuit—the federal appellate court having jurisdiction over Utah— overruled the decision of the trial court dismissing the claims of a school administrator for having too weak of a case of discrimination. Although the trial court ruled that the administrator had presented evidence of discrimination, it ruled that the evidence […]
On August 24, 2010, the Tenth Circuit Court of Appeals—the federal court having jurisdiction over Utah—ruled in Deutsch v. Jordan that a sheriff could continue in his claims against a city manager for firing him for what she claimed was his false testimony in a private law suit he brought against a citizen. The private citizen had […]
