Discriminationm~ Retaliation *Wu v. Haaland (10th Cir., July 8, 2021) (affirming denial of 60(b) motion to reconsider and to set aside settlement agreement as to her discrimination, retaliation, and negligence claims: aside from the various jurisdictional issues, Wu offered no valid reason to set aside the settlement agreement she had agreed to three-and-a-half years earlier) […]
Defamation *Quigley v. Sporting Kansas City Soccer Club (10th Cir., March 25, 2020) (affirming dismissal of Quigley’s claims under FRCP 12(h)(3): Quigley raised only state-law claims, and there was insufficient diversity for jurisdiction) Discrimination and Retaliation *Zu v. Avalon Health Care, Inc. (10th Cir., March 23, 2020) (affirming summary judgment in favor of Avalon: Zu […]
Unemployment Appeals Utah Paiute Tribal Housing Authority, Inc., v. Dept. of Workforce Services (Utah Ct. App., November 21, 2019) (affirming the Workforce Appeals Board decision that the Housing Authority’s employee was terminated without just cause and is thus entitled to unemployment benefits) *Cases marked with an asterisk are not binding precedent, except under the doctrines […]
Unemployment Appeals *Board of Education v. Henderson (10th Cir., June 19, 2017) (unhappy with the Navajo Nation’s determination that it had jurisdiction, the school district sought relief in federal court, which dismissed for lack of standing) Workers Compensation/Occupational Safety and Disease *Bell v. Social Security Administration (10th Cir., June 20, 2017) (affirming denial of social security […]
Discrimination/Retaliation *Johnson v. Oklahoma Department of Transportation (10th Cir., January 27, 2017) (affirming denial of 60(b) motion for relief from judgement, the purpose of which is not to relitigate the underlying case) *Cvancara v. Reams (10th Cir., January 23, 2017) (affirming summary judgment on Cvancara’s first-amendment retaliation claim, because she was merely airing personal grievances) Public Employers/Employees […]
Unemployment AppealsMigenes v. Department of Workforce Services (Utah Ct. App., June 23, 2016) (affirming determination of fraud in overpayment of benefits)WagesEncino Motorcars, LLC v. Navarro et al. (U.S., June 20, 2016) (vacating Ninth Circuit decision that overtime payment exemption does not apply to service advisers. The Department of Labor failed to provide a reasoned explanation […]
Discrimination/RetaliationTalovic v. Department of Workforce Services (Utah Ct. App., March 10, 2016) (leaving undisturbed the Workforce Appeals Board’s decision denying him unemployment benefits and assessing a fraud overpayment)Unemployment Appeals Winkler v. Department of Workforce Services (Utah Ct. App., March 10, 2016) (leaving undisturbed the Appeals Board’s decision that Winkler was not entitled to benefits and requiring her to […]
Discrimination/Retaliation *Herndon v. Best Buy Co., Inc. (10th Cir., December 15, 2015) (affirming dismissal of plaintiff’s claim of retaliatory discharge for hiring a former felon) Unemployment Appeals Martin v. Department of Workforce Services (Utah Ct. App., December 17, 2015) (untimely filed appeal dismissed for lack of jurisdiction) Yudin v. Department of Workforce Services (UtahCt. App., […]
Discrimination / Retaliation *Morman v. Campbell County Memorial Hospital (10th Cir., December 2, 2015) (failure to plead plausible gender-discrimination claim, and defendants are individually entitled to qualified immunity) Labor Unions *International Union of Operating Engineers, Local 627 v. NLRB (10th Cir., December 3, 2015) (affirming NLRB finding that the union violated the National Labor Relations […]
Unemployment AppealsWhite v. Department of Workforce Services (Utah Ct. App., November 19, 2015) (declining to disturb the decision of the Workforce Services Board denying White unemployment benefits)
