Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination
*Wyles v. Brady (10th Cir., July 22, 2020) (affirming dismissal of Wyles’s claims against Brady for malicious prosecution and outrageous conduct in connection with Wyles’s termination (for fraud and misappropriation of trade secrets) after seeking to reveal misconduct by corporate officers: Insufficient contacts existed between Brady and Colorado to establish personal jurisdiction)
*Piston v. Transamerica Capital, Inc. (10th Cir., July 21, 2020) (affirming arbitration award dismissing Piston’s claim that TCI incorrectly described the reason for his termination, harming his ability to secure employment: Piston failed to comply with discovery orders and did not meet deadlines)
Discrimination ~ Retaliation
*Vazirabadi v. Denver Public Schools (10th Cir., July 23, 2020) (affirming summary judgment in favor of DPS on his national origin and age discrimination claims: He failed to make a showing of pretext and DPS provided a legitimate, nondiscriminatory reason for not hiring him)
*Brown v. Unified School District, No. 501 (10th Cir., July 23, 2020) (affirming summary judgment in favor of the school district: Brown failed to show a factual issue as to pretext and did not establish a prima facie case of retaliation)
Frappied v. Affinity Gaming Black Hawk, LLC (10th Cir., July 21, 2020) (affirming dismissal of Title VII disparate treatment claim but reversing dismissal of Title VII and ADEA disparate impact claims: Plaintiffs failed to state plausile sex-plus-age disparate treatment claim, but sex-plus-age claims are cognizable under Title VII, and the evidence created a genuine issue of fact as to whether Affinity’s reasons for termination were pretextual)
*Stuart v. Erickson Living Management (10th Cir., July 21, 2020) (affirming summary judgment in favor of Erickson on Stuart’s racial discrimination and retaliation claims: Stuart failed to show that her termination was disparate or pretexual)
ERISA
Lyn M. v. Premera Blue Cross (10th Cir., July 24, 2020) (reversing summary judgment in favor of Premera on Lyn’s claim for improper denial of medical benefits: the court below erred by applying the arbitrary-and-capricious standard and concluding that Premera had properly applied its criteria for medical necessity)
Workers Compensation ~ Occupational Safety and Disease
*Trujillo v. Commissioner, S.S.A. (10th Cir., July 22, 2020) (affirming denial of disability benefits: substantial evidence supported the ALJ’s decision below)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
