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 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 *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 […]
DiscriminationL’Ggrke v. Asset Plus Corporation (10th Cir., January 20, 2016) (affirming dismissal of L’Ggrke’s employment discrimination complaint for failure to prosecute)ERISAMontanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan (U.S., January 20, 2016) (reversing an 11th-Circuit decision holding that when an ERISA-plan participant wholly dissipates a third-party settlement on nontraceable items, the plan […]
Discrimination / Retaliation*Lewis v. Twenty-First Century Bean Processing (10th Cir., January 5, 2016) (affirming summary judgment in favor of defendant on plaintiff’s age- and race-discrimination claims)WagesNesbitt v. FCNH, Inc. (10th Cir., January 5, 2016) (affirming the district court’s order denying defendant FCNH’s motion to stay the proceedings and to compel arbitration)Workers’ Compensation*Lynn v. Colvin (10th Cir., January […]
Workers’ Compensation Guzman v. Labor Commission (Utah Ct. App., December 31, 2015) (setting aside Commission appeals Board’s misapplication of Utah Code Annotated section 34A-2-413(1)(c)(ii))
Workers Compensation *Dutton v. Colvin (10th Cir., December 21, 2015) (reversing denial of Supplemental Security Income benefits because ALJ failed to properly consider treating physician’s opinion) Simmons v. Colvin (10th Cir., December 23, 2015) (affirming denial of disability benefits based on his “impertinent,” “groundless,” and “frivolous”arguments) Discrimination/Retaliation *Amos v. City of Claremore (10th Cir., December […]
WAGES *Evans v. Loveland Automotive Investments, Inc. (10th Cir., December 10, 2015) (adopting the rule that an award of both a state statutory penalty and FLSA liquidated damages does not constitute a double recovery) DISCRIMINATION/RETALIATION *Winters v, Board of County Commissioners of Muskogee County, Oklahoma (10th Cir., December 10, 2015) (reversing summary judgment in the […]
