Cases — September 13th through 19th

admin - October 18, 2015 - At-Will Employment, Disability, Procedure, Public Policy, Social Security, Tenth Circuit, Utah Court of Appeals, Utah Supreme Court, Wrongful Termination

Contract/Noncompete/Trade Secret/Wrongful Termination

Ray v. Wal-Mart Stores (Utah S.Ct., September 17, 2015) (answering question certified by the federal district court in the affirmative: “We conclude that the policy favoring the right of self-defense is a public policy of sufficient clarity and weight to qualify as an exception to the at-will employment doctrine,” limited to situations in which an employee reasonably believes that force is necessary to defend against an imminent threat of serious bodily harm and the employee has no opportunity to withdraw)

Discrimination & Retaliation

Zisumbo v. Ogden Regional Medical Center (Utah Ct. App., September 17, 2015) (reversing dismissal of amended complaint because it satisfied Utah’s liberal pleading rules)

Workers Compensation/Occupational Safety and Disease

*Smith v. Colvin (10th Cir., September 14, 2015) (affirming denial of Smith’s application for disability benefits and supplemental security income)

*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for persuasive value under Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.