CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION *Hunter v. HCA (10th Cir., May 18, 2020) (dismissing Hunter’s appeal: because Hunter failed to object to the magistrate’s recommending summary judgment in favor of HCA, he waived his right to appellate review) ERISA *Moon v. Tall Tree Administrators, LLC (10th Cir., May 19, 2020) (affirming denial of benefits under ERISA: the […]
Discrimination ~ Retaliation Marks v. Colorado Department of Corrections (10th Cir., May 12, 2020) (reversing summary judgment in favor of the Department of Corrections on Marks’s claims under the Rehabilitation Act and the ADA: the defendants receive federal funding and could reasonably be held liable for the discrimination) ERISA Ellis v. Liberty Life Assurance Company […]
CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION *Peterson v. XPO Logistics, Inc. (10th Cir., May 4, 2020) (reversing dismissal of Peterson’s claims: based on Peterson’s failure to specifically claim fraud, the district court had applied Utah’s judicial proceedings privilege to exclude emails from XPO to Peterson’s new employer claiming Peterson was in violation of his employment contract. But the […]
Discrimination ~ Retaliation *Sampson v. Kane is Able, Inc. (10th Cir., April 30, 2020) (affirming summary judgment in favor of Kane on Sampson’s claim for retaliatory termination: Sampson failed to demonstrate that he had actually or constructively discharged) *Padilla v. Mnuchin (10th Cir., April 27, 2020) (affirming two separate judgments dismissing employment discrimination claims: Padilla […]
Discrimination~Retaliation *Benjamin v. Board of Trustees (10th Cir., April 24, 2020) (reversing summary judgment against Benjamin: he produced sufficient evidence—though far from conclusive—to raise an issue of material fact) *Cai v. Huntsman Corporation (10th Cir., April 20, 2020) (affirming judgment on the pleadings in favor of Huntsman on Cai’s breach of contract retaliation claim: Cai […]
Discrimination~Retaliation *Tastan v. Los Alamos National Security, LLC (10th Cir., April 15, 2020) (affirming summary judgment for Los Alamos on Tastan’s disability discrimination and retaliation claims: Tastan’s evidence was insufficient to prove discrimination or pretext) Miscellaneous *Palmer v. City and County of Denver (10th Cir., April 13, 2020) (affirming dismissal of Palmer’s second amended complaint […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Cook Martin Poulson v. Smith (Utah Ct. App., April 9, 2020) (affirming in part and reversing in part findings of contempt, entry of sanctions, and summary and final judgments in connection with injunction regarding noncompete agreement) Discrimination ~ Retaliation Babb v. Wilkie (U.S., April 6, 2020) […]
Discrimination ~ Retaliation *Fuller v. Kansas Department of Children and Families (10th Cir., March 30, 2020) (affirming dismissal and summary judgment in favor of Kansas on Fuller’s race, sex, and age discrimination claims: her challenges to the district court’s orders were either waived or meritless) Graham v. Albertson’s, LLC (Utah, March 31, 2020) (reversing partial […]
Defamation *Quigley v. Sporting Kansas City Soccer Club (10th Cir., March 25, 2020) (affirming dismissal of Quigley’s claims under FRCP 12(h)(3): Quigley raised only state-law claims, and there was insufficient diversity for jurisdiction) Discrimination and Retaliation *Zu v. Avalon Health Care, Inc. (10th Cir., March 23, 2020) (affirming summary judgment in favor of Avalon: Zu […]
Discrimination and Retaliation *Altschwager v. Progressive Casualty Insurance Company (10th Cir., March 19, 2020) (dismissing Altschwager’s appeal on her claims for age, gender, and disability discrimination, and retaliation for engaging in protected activities: Altschwager’s brief failed to adequately frame or develop any issues) *O’Kane v. Mead Johnson Nutrition Company (10th Cir., March 19, 2020) (affirming […]
