Cases — February 13th through 19th, 2022

Contract ~ Noncompete ~ Trade Secrets ~ Wrongful Termination

*Donez v. Leprino Foods, Inc. (10th Cir., February 18, 2022) (affirming summary judgment for Leprino on Donez’s claims for wrongful-termination against public policy and discrimination: even if Colorado recognized self-defense as an exception to at-will termination, Donez failed to show that he was fired due to an established policy interest—He did not inform anyone that he was acting in self-defense until after Leprino had decided to fire him; nor could he show he was fired for any improper reason)

Discrimination ~ Retaliation

*Lamb v. Montrose County Sheriff’s Office (10th Cir., February 17, 2022) (affirming summary judgment in defendants’ favor: Lamb could not show that the text message upon which his retaliation claim was based was protected activity under Title VII—it did not oppose an unlawful employment practice—nor did it involve a matter of public concern for First-Amendment purposes)

Litzsinger v. Adams County Coroner’s Office (10th Cir., February 15, 2022) (affirming summary judgment in favor of the Coroner’s office on Litzsinger’s FMLA and ADA retaliation claims: a rational jury could not find the Coroner’s reasons for firing Litzsinger—personal internet use during work, secondary employment, and sleeping—were pretextual)

Workers’ Compensation ~ Occupational Safety and Disease

*Turner v. Commissioner, SSA (10th Cir., February 15, 2022) (affirming denial of disability benefits: Turner failed to demonstrate either that the denial was based on an incorrect legal standard or that it was unsupported by substantial evidence)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.