Discrimination ~ Retaliation *Rushing v. Granholm (10th Cir., May 27, 2022) (affirming summary judgment in favor of the defendants on Rushing’s claims for disability, national-origin, and sexual-orientation discrimination and retaliation for his filing an equal employment opportunity complaint: Rushing failed to present sufficient evidence of an adverse employment action, nor did he demonstrate pretext on […]
DISCRIMINATION ~ RETALIATION *Peterson v. Williams (10th Cir., May 5, 2022) (affirming defendants’ motion to dismiss Peterson’s first-amendment retaliation claim: Peterson failed to plausibly plead that he spoke as a citizen on a matter of public concern) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, […]
DISCRIMINATION ~ RETALIATION Cummings v. Premier Rehab Keller, PLLC (U.S., April 28, 2022) (affirming denial of emotional distress damages in connection with Cummings’ claim of disability discrimination for Premier Rehab’s failure to provide an ASL interpreter in violation of the Rehabilitation Act of 1973 and the Affordable Care Act: damages for emotional harm are not […]
CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION *Booth v. Home Depot (10th Cir., April 5, 2022) (affirming dismissal of Booth’s complaint for wrongful termination pursuant to Burk v. KMart Corp., 770 P.2d 24 (Okla. 1989), a court-created cause of action to redress a termination in violation of “a clear mandate of public policy”: […]
Contract~Noncompete~Trade Secret~Wrongful Termination *Clarkson v. Board of Regents (10th Cir., March 31, 2022) (affirming summary judgment in favor of the Board of Regents on Clarkson’s breach of contract and § 1983 claims: The defendants were not “persons” amenable to suit under § 1983, and the evidence did not show a violation of Clarkson’s constitutional rights. […]
Discrimination ~ Retaliation Equal Employment Opportunity Commission v. Roark-Whitten Hospitality 2, LP (10th Cir., March 10, 2022) (among other things, reversing compensatory damages award against Roark-Whitten on the EEOC’s claims against it for unlawful employment practices: the district court failed to explain why it ordered compensatory damages in the amount of only $35,000 despite the […]
Discrimination~Retaliation Stroup v. United Airlines, Inc. (10th Cir., February 28, 2022) (affirming district court judgment, and denial of United’s motion for judgment as a matter of law: there was sufficient evidence for the jury to reasonably find not only that United violated the Age Discrimination in Employment Act, but that it did so willfully (lengthy […]
Contract ~ Noncompete ~ Trade Secrets ~ Wrongful Termination *Donez v. Leprino Foods, Inc. (10th Cir., February 18, 2022) (affirming summary judgment for Leprino on Donez’s claims for wrongful-termination against public policy and discrimination: even if Colorado recognized self-defense as an exception to at-will termination, Donez failed to show that he was fired due to […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Keybank Nat’l Assoc. v. Williams (10th Cir., February 10, 2022) (affirming denial of Keybank’s motion for preliminary injunction to prevent defendants from doing business with and soliciting KeyBank’s customers and misappropriating its trade secret and confidential information: KeyBank failed to show a probability of irreparable harm) […]
Discrimination ~ Retaliation *Barker v. Utah Department of Environmental Quality (10th Cir., January 28, 2022) (affirming dismissal Barker’s complaint for retaliation against her because of her earlier, settled lawsuit from 2015: Barker failed to name the DEQ as the defendant in her amended complaint, did not timely file her discrimination charge with the EEOC, and […]
