Cases — September 26th through October 2nd, 2021

Contract~Noncompete~Trade-Secret~Wrongful Termination

*Williams v. Keller (10th Cir., October 1, 2021) (affirming dismissal of Williams’ malicious prosecution claim after his dismissal and later the indictment brought against him as a result of his alleged unlawful exportation of goods in connection with his employer’s F-16 foreign military sales program: the indictment was dismissed, but Williams failed to state a plausible Bivens claim: among other things, the Federal Tort Claims Act does not waive claims arising from malicious prosecution)

Discrimination~Retaliation

*Fulkerson v. Commissioner (10th Cir., September 27, 2021) (affirming res judicata dismissal of Fulkerson’s Title VII, Rehabilitation Act, and Due process claims, and reversing dismissal of his whistleblowing claim, but only so that it can be dismissed for lack of jurisdiction)

Workers Compensation~Occupational Safety and Disease

Stevenson v. Labor Commission (Utah Ct. App., September 30. 2021) (affirming dismissal of Stevenson’s workers’-compensation claim regarding his chronic lung disease: the Commission correctly interpreted the relevant statute in finding Stevenson’s claim untimely, and its findings were supported by substantial evidence)

Hayden v. Burt & Payne PC (Utah Ct. App., September 30, 2021) (affirming dismissal of Hayden’s complaint against her employer for its failure to notify her of her right to extend her group insurance coverage within 30 days after termination: Utah’s mini-COBRA statute does not create a private right of action; thus, dismissal for failure to state a claim was proper)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.