January Was A Busy Month for the Courts!

D. Scott Crook - February 7, 2011 - Tenth Circuit, United States Supreme Court, Utah Court of Appeals, Utah Supreme Court

As you have probably noticed, it has been a long time since I posted anything on my blog. Please excuse me for failing to do so. From December 23rd to February 7th was an exceptionally busy time for me. It included year-end partner meetings, a trial, and deposition preparations.

In any event, in the approximate six week span, there were twenty-seven new employment law cases decided by the Utah Supreme Court, Utah Court of Appeals, United States Supreme Court, and Tenth Circuit Court of Appeals. Although I wish that I could give them all individual treatment, I have simply listed them here. There were significant cases that decided issues of employee privacy, retaliation claims, trade-secret violation claims, and the Utah governmental employees’ right to reimbursement of attorney fees. I have linked to all of the cases.

Stevens-Henager College v. Eagle Gate College (Utah Ct. App. Feb. 3, 2011) (damages from violation of trade secrets allegedly stolen by former employees)
Fields v. Walgreen Company (10th Cir. Feb. 3, 2011) (discrimination and retaliation claims)
Muller v. Culbertson (10th Cir. Feb. 1, 2011) (discrimination and 14th Amendment claims)
Nanomantube v. Kickapoo Tribe (10th Cir. Jan. 31, 2011) (immunity of tribe from Title VII claims after agreeing to comply with Title VII)
Acor v. Salt Lake City School District (Utah Jan. 28, 2011) (action for reimbursement of attorney fees from public school district based on Utah reimbursement statute)
Shaw v. Tulsa Dynaspan Arrow Concrete (10th Cir. Jan. 28, 2011) (race discrimination claim)
Aguiar v. Bartlesville Care Center (10th Cir. Jan. 28, 2011) (sexual harassment and retaliation claims)
Carr v. DWS (Utah Ct. App. Jan. 27, 2011) (unemployment appeal of untimely appeal filing)
Farm Bureau Life Insurance Co. v. American National Insurance Co. (10th Cir. Jan. 26, 2011) (claim of trade secrets violations, inducement of breaches of fiduciary duties, civil conspiracy, and tortious interference with prospective economic relations arising out of employee defection)
Thompson v. North American Stainless, LP (U.S. Jan. 24, 2011) (retaliation claim)
Thomas v. Avis Rent A Car (10th Cir. Jan. 24, 2011) (ADA and retaliation claims)
Dennis v. Watco Companies, Inc. (10th Cir. Jan. 21, 2011) (overtime claims)
NASA v. Nelson (U.S. Jan. 19, 2011) (whether background checks of governmental employees violated a constitutional right to privacy)
Carroll v. Los Alamos National Security, LLC (10th Cir. Jan. 19, 2011) (negligent misrepresentation claims regarding statements made by employer regarding benefits)
Dasgupta v. Harris (10th Cir. Jan. 14, 2011) (race discrimination claims)
Salt Lake Donated Dental Services, Inc. v. DWS (Jan. 13, 2011) (unemployment appeal of just cause determination)
Kivalu v. Labor Commission (Utah Ct. App. Jan. 13, 2011) (workers compensation appeal)
Logan v. Cox Communications Kansas LLC (10th Cir. Jan. 13, 2011) (age discrimination claims)
Robinson v. BNSF Railway Co. (10th Cir. Jan 13, 2011) (claim for injuries sustained by employee under the LIA and FELA acts)
Chavez v. Albuquerque (10th Cir. Jan. 12, 2011) (overtime claims)
Mayo Foundation v. U.S. (U.S. Jan. 11, 2011) (definition of wages for withholding purposes)
Faragalla v. Douglas County School District (10th Cir. Jan. 12, 2011) (national origin discrimination and retaliation claims)
Andrews v. Central Parking System, Inc. (10th Cir. Jan. 7, 2011) (race discrimination, wrongful termination, and retaliation claims)
Matthews v. Labarge, Inc. (10th Cir. Jan. 7, 2011) (wrongful termination, fraudulent hiring, and deceitful hiring claims)
Bronakowski v. Boulder Valley School District (10th Cir. Jan. 4, 2011) (national origin discrimination claims)
Naylor v. DWS (Utah Ct. App. Dec. 30, 2011) (unemployment appeal of excusable neglect determination)
Armstrong v. Wyoming (10th Cir. Dec. 30, 2010) (Free Speech and Due Process rights claims)