Cases — December 6th through 12th, 2020

Contract~Noncompete~Trade Secret~Wrongful Termination  

Alfaro-Huitron v. Cervantes Agribusiness (10th Cir., December 11, 2020) (reversing summary judgment in favor of Cervantes on Plaintiff’s claims for breach of contract and violation of the Migrant and Seasonal Agricultural Worker Protection Act: the evidence suffices for a finding that the hiring contractor was acting as Cervantes’s agent when it recruited the Plaintiffs)

Discrimination~Retaliation

*Clancy v. Miller (10th Cir., December 8, 2020) (affirming summary udgment in favor of Defendant on Clancy’s disability discrimination and hostile-work-environment claims: Clancy offered no expert evidence of disability)

ERISA

Rutledge v. Pharmaceutical Care Management Association (U.S., December 10, 2020) (reversing 8th Circuit determination that ERISA preempted Arkansas Act 900, which required Arkansas pharmacies be reimbursed at or above wholesale cost: As Act 900 has no connection with, and makes no reference to ERISA, it cannot be preempted by it)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.