Cases—April 3rd through 9th, 2022

CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION

*Booth v. Home Depot (10th Cir., April 5, 2022) (affirming dismissal of Booth’s complaint for wrongful termination pursuant to Burk v. KMart Corp., 770 P.2d 24 (Okla. 1989), a court-created cause of action to redress a termination in violation of “a clear mandate of public policy”: But Booth’s dismissal, allegedly for reporting fraudulent overcharges, did not involve such a mandate, and so was properly dismissed)

DISCRIMINATION ~ RETALIATION

*Brown v. Titan Protection & Consulting (10th Cir., April 5, 2022) (affirming dismissal of Brown’s discrimination and retaliation claims: Brown could not demonstrate a plausible case for race, gender, or age discrimination, nor for retaliation)

MISCELLANEOUS

*Zemaitiene v. Salt Lake County (10th Cir., April 5, 2022) (affirming judgment for defendants on all but one claim: as to the two relevant employment claims, deliberately indifferent policies and respondeat superior, the court upheld judgment for the county on the former (Zemaitiene’s boilerplate allegations did not state a plausible claim for relief) and vacated and remanded the latter)

PUBLIC EMPLOYERS ~ EMPLOYEES

*Shively v. Utah Valley University (10th Cir., April 6, 2022) (affirming dismissal of Shively’s due process, wrongful death, emotional distress, breach of contract, and civil conspiracy claims in connection with Shively’s husband’s suicide resulting from UVU’s investigation into his alleged misconduct: Shively could not overcome the qualified immunity hurdle to address her due process claim; her other claims suffer from similar deficiencies)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.