Cases — October 24th through 30th, 2021

Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination

Tomkins v. U.S. Department of Veterans Affairs (10th Cir., October 25, 2021) (affirming dismissal of Tompkins’ administrative procedures act and due process claims for lack of jurisdiction: the Veterans’ Benefit Act is Tompkins’ exclusive remedy, Tompkins failed to identify an applicable waiver of sovereign immunity, and Tompkins’ arguments failed to overcome the presumption against federal-court jurisdiction)

Discrimination ~ Retaliation

Roberts v. Winder (10th Cir., October 26, 2021) (affirming summary judgment in favor of defendants on Roberts’ various 42 USC § 1983 claims and his claim for age discrimination against the Salt Lake County Sheriff and the Unified Police Department: Roberts had no property interest in his merit position, and thus his reassignment did not violate due process; nor were his support of an opposing candidate or his request for a pay raise motivating factors in his reassignment, negating his First Amendment retaliation and age discrimination claims)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.