Workers Compensation ~ Occupational Safety and Disease Medina v. Dumas Concrete Construction LLC (Utah Ct. App., December 17, 2020) (reversing summary judgment in favor of Dumas on Medina’s claim that he was terminated for seeking workers compensation benefits: Medina presented sufficient circumstantial evidence that his seeking benefits was a substantial factor in his termination) *Mannan […]
Contract~Noncompete~Trade Secret~Wrongful Termination Alfaro-Huitron v. Cervantes Agribusiness (10th Cir., December 11, 2020) (reversing summary judgment in favor of Cervantes on Plaintiff’s claims for breach of contract and violation of the Migrant and Seasonal Agricultural Worker Protection Act: the evidence suffices for a finding that the hiring contractor was acting as Cervantes’s agent when it […]
Discrimination~Retaliation *Kawahara v. Guaranty Bank and Trust (10th Cir., December 2, 2020) (affirming summary judgment in favor of Guaranty on Kawahara’s gender-, race-, and age-discrimination claims: Kawahara could not demonstrate pretext) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
Discrimination~Retaliation *Padilla v. Mnuchin (10th Cir., November 25, 2020) (affirming summary judgment against Padilla on her retaliation and discrimination claims based on her employment with the IRS: Padilla failed to refute the district court determination; she failed to exhaust her administrative remedies; and she failed to demonstrate any discrimination or unreasonableness in the IRS denial […]
Discrimination~Retaliation *Jim v. Shiprock Associated Schools, Inc. (10th Cir., November 10, 2020) (affirming summary judgment in favor of Shiprock on Jim’s discrimination claim: the Equal Employment Opportunities Act includes an exception for Indian Tribes; here, the corporation constitutes an “indian tribe” because of its many links to the Navajo Nation) *Cases marked with an asterisk […]
Discrimination ~ Retaliation *Burton v. Vectrus Systems Corporation (10th Cir., November 2, 2020) (affirming award of costs to Vectrus on Burton’s whistleblower retaliation claim: Defendant need not be awarded damages to be considered the “prevailing party” for purposes of awarding costs) *Cases marked with an asterisk are not binding precedent, except under the doctrines of […]
Discrimination~ Retaliation *Palzer v. Coxcom, LLC (10th Cir., October 23, 2020) (affirming summary judgment in favor of Coxcom on Palzer’s age- and race-discrimination claims: Coxcom showed a legitimate, nondiscriminatory reason for Palzer’s termination, which Palzer failed to prove pretextual) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of […]
Discrimination~Retaliation Bird v. West Valley City (10th Cir., October 14, 2020) (affirming verdict in favor of West Valley on Bird’s first amendment retaliation claim: the district court did not err in denying a new trial, nor was the language in the verdict form erroneous)
