Cases — October 29th through November 4th (2017)
First Western Capital Management Co. v. Malamed (10th Cir., October 30, 2017) (reversing grant of preliminary injunction: First Western should have been required to demonstrate irreparable harm from alleged misappropriation of trade secrets;because it could not, the preliminary injunction was unwarranted.)
Discrimination/Retaliation
*Johnston v. Hunter Douglas Window Fashions, Inc. (10th Cir., November 2, 2017) (affirming dismissal of Johnston’s age discrimination, retaliation, and disability discrimination under the ADA: the amended complaint failed to allege facts sufficient to establish plausible claims)
Workers Compensation/Occupational Safety and Disease
*Harrold v. Berryhill (10th Cir., October 31, 2017) (reversing and remanding denial of disability benefits because the ALJ below failed to apply the appropriate legal standards in considering the evidence of mental impairments)
*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1.