Discrimination ~ Retaliation *Cummings v. American Postal Worker’s Union (10th Cir., June 17, 2022) (affirming summary judgment in favor of Union on Cummings’ claims for race and age discrimination: She failed to establish that the USPS had violated the collective bargaining agreement or that it’s reasons for her termination were pretextual) *Pegler v. Doug Smith […]
Workers’ Compensation~Occupational Safety & Disease Boynton v. Kennecott Utah Copper, LLC (Utah, November 18, 2021) (reversing summary judgment in favor of Kennecott on Boynton’s take-home asbestos exposure claim in connection with his wife’s mesothelioma death: premises owners are liable to their employees‘ co-habitants for take-home asbestos exposure) Sysco v. Labor Commission (Utah Ct. App., November […]
Discrimination ~ Retaliation *Earles v. Cleveland (10th Cir., August 28, 2020) (affirming dismissal with prejudice of the due process theories in connection with Earles’s sex discrimination claim: Earles failed to raise a liberty interest worthy of procedural due process protection) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law […]
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 […]
Contract/Noncompete/Trade Secret/Wrongful TerminationAugustus v. Vernal City (Utah Ct. App., October 26, 2019) (declining to disturb the city’s decision to uphold Augustus’s termination: the city’s board did not violate Augustus’s due process notice right)Lamont v. Riverton City Board of Appeals (Utah Ct. App., October 26, 2017) (declining to overturn Lamont’s termination for his refusal to take an alcohol […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Winger v. Meade District Hospital (10th Cir., June 27, 2017) (affirming summary judgment in favor of the hospital on Winger’s due process claim) Bahnmaier v. Northern Utah Healthcare Corporation (Utah Ct. App., June 29, 2017) (affirming summary judgment in favor of Northern Utah: the hospital’s substance abuse policy is not an implied […]
Contract/Noncompete/Trade Secret/Wrongful Termination*Williams v. McKee (10th Cir., July 20, 2016) (affirming dismissal of Williams’ ss 1983 claims for termination in violation of due process because his complaint failed to state any constitutional violation, and refusal to exercise jurisdiction of Williams’ state-law retaliation claim)Discrimination / Retaliation*Hollis v. Aerotek, Inc. (10th Cir., July 19, 2016) (affirming summary judgement in […]
Contract/Noncompete/Trade Secret/Wrongful Termination Green v. Brennan (U.S., May 23, 2016) (vacating dismissal ofGreen’s constructive discharge claim. The lower court held his complaintuntimely, having been filed 96 days after he had agreed to retire. The TenthCircuit affirmed. The Supreme Court, however, held that the 45-day limitationsperiod did not begin to run until Green actually submitted his […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Winger v. Meade District Hospital (10th Cir., May 12, 2016) (affirming summary judgment in favor of the hospital on Winger’s liberty interest claim, but reversing as to Winger’s property interest claim in continued employment) Discrimination/Retaliation *Glapion v. Castro (HUD Secretary) (10th Cir., May 12, 2016) (affirming summary judgment in favor of HUD on Glapion’s […]
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 […]
