Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination
Cook Martin Poulson v. Smith (Utah Ct. App., April 9, 2020) (affirming in part and reversing in part findings of contempt, entry of sanctions, and summary and final judgments in connection with injunction regarding noncompete agreement)
Discrimination ~ Retaliation
Babb v. Wilkie (U.S., April 6, 2020) (reversing summary judgment against Babb on his age discrimination claim: the plain meaning of Section 633 of the ADEA demands that personnel actions be untainted by any consideration of age; this, however, does not mean that a plaintiff may obtain all forms of relief available for a violation—hiring, reinstatement, back pay, or compensatory damages—without a showing of but-for causation, but if age discrimination plays a lesser part in a violation, other remedies may be appropriate)
ERISA and Employee Pension Plans
GCIU-Employer Retirement Fund v. Coleridge Fine Arts (10th Cir., April 6, 2020) (affirming dismissal of GCIU’s claims against Coleridge for lack of personal jurisdiction: none of the fund’s proof shows any intentional failure to make payments under ERISA)
