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was terminated without just cause and is thus entitled to unemployment benefits) *Cases marked with an asterisk are not binding precedent, except under the doctrines […]
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 […]
Miscellaneous*Racher v. Lusk (10th Cir., Dec. 30, 2016) (as the highest-ranking employee of the nursing home at issue, Lusk had sufficient contacts with Oklahoma to justify the exercise of personal jurisdiction)United States v. Gonzalez (10th Cir., Dec. 29, 2016) (affirming conviction and sentence of Gonzalez on his defrauding of unemployment agencies in three states by obtaining […]
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 […]
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 […]
Unemployment AppealsFallstrom v. Department of Workforce Service (Utah Ct. App., February 4, 2016) (declining to disturb the board’s determination that Fallstrom was ineligible for unemployment benefits because he quit his job voluntarily, without good cause)
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)
Discrimination & Retaliation *McElroy v. American Family Insurance (10th Cir., October 30, 2015) (affirming summary judgment in favor of defendant on McElroy’s hostile work environment and retaliation claims) False Claims *Troxler v. Warren Clinic, Inc. (10th Cir.,October 28, 2015) (affirming dismissal of qui tam claim of fraudulent billing under Rule 12(b)(6)) Miscellaneous *Peavy v. Labor Source, LLC (10th Cir., October 27, 2015)(declining […]
