Discrimination~Retaliation *Gabriel v. Trans Am Trucking Co. (10th Cir., August 25, 2022) (affirming dismissal of Gabriel’s complaint under the ADA and motion to recuse: The complaint was incomprehensible, and Gabriel showed no viable evidence of bias) Ford v. Jackson National Life Insurance Co. (10th Cir., August 23, 2022) (affirming dismissal of Ford’s discrimination claim, but […]
DISCRIMINATION ~ RETALIATION *Glapion-Pressley v. City and County of Denver (10th Cir., April 14, 2022) (Glapion-Pressley failed to show error in the dismissal of her claims for failure to satisfy Title VII’s verification requirement before the EEOC) MISCELLANEOUS *Hurst v. McDonough (10th Cir., April 12, 2022) (affirming summary judgment in favor of McDonough on Hurst’s […]
Contract~Noncompete~Trade Secret~Wrongful Termination Jensen Tech Services v. Labor Commission (Utah Ct. App., February 3, 2022) (setting aside Commission decision identifying respondent Herrera as Jensen’s employee for workers’ compensation purposes: the Commission failed to properly and completely apply the legal standards that govern employee-vs.-independent-contractor determinations; its right-to-control analysis, moreover, was faulty) Workers Compensation ~ Occupational Safety […]
ERISA Teets v. Great-West Life & Annuity Insurance Company (10th Cir., March 27, 2019) (affirming summary judgment for Great-West: GW was not a fiduciary, and Teets did not adduce sufficient evidence to impose liability as a nonfiduciary party in interest) Miscellaneous Zak v. Department of Workforce Services (Utah Ct. App., March 28, 2019) (declining to […]
ERISA and Employee Pension Plans GCIU-Employer Retirement Fund v. Coleridge Fine Arts (10th Cir., August 16, 2017) (reversing dismissal, based on lack of personal jurisdiction, of GCIU’s attempt to collect withdrawal liability from defendants)Miscellaneous Aura Spa & Boutique v. Department of Workforce Services (Utah Ct. App., August 17, 2017) (declining to disturb Workforce Appeals Board […]
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 […]
