Contract ~ Noncompete ~ Trade-Secret ~ Wrongful Termination Heartwood Home v. Huber (Utah Ct. App., January 24, 2020) (affirming summary judgment in favor of defendants: Heartwood failed to include the contract in the record; nor did it carry its burden of persuasion on its claims for breach of confidentiality and loyalty) Workers Compensation ~ Occupational […]
ERISA & Employee Pension Plans Retirement Plans Committee of IBM v. Jander (U.S., January 14, 2020) (vacating judgment below and remanding for the 2nd Circuit to address arguments not addressed below regarding ERISA fiduciaries duty of prudence) Worker’ Compensation ~ Occupational Safety and Disease *Gutierrez v. Commissioner (10th Cir., January 13, 2020) (affirming decision below […]
Discrimination ~ Retaliation *Deere v. XPO Logistics Freight, Inc. (10th Cir., January 9, 2020) (affirming summary judgment in favor of XPO on his sex- and age-discrimination and retaliation claims: XPO’s actions were legitimate and nonpretextual) *Jackson v. Kansas City Kansas Public Schools Unified School District No. 500 (10th Cir., January 7, 2020) (affirming summary judgment […]
Workers’ Compensation ~ Occupational Safety and Disease Nielsen v. Labor Commission (Utah Ct. App., January 3, 2020) (Declining to disturb denial of claim for benefits: substantial evidence supported the Board determination that Nielsen’s back pain was not caused by his work at Walmart)
Discrimination ~ Retaliation *Dodson v. Flying Dove, Inc. (10th Cir., December 17, 2019) (affirming summary judgment in favor of flying dove (aka IHOP): Dodson could show no reversible error in the district court decision) *Miller v. Institute for Defense Analyses (10th Cir., December 20, 2019) (affirming summary judgment in favor of IDA on his false […]
Discrimination ~ Retaliation Greer v. City of Witchita (10th Cir., December 3, 2019) (reversing summary judgment in defendants’ favor on Greer’s claims under the Uniformed Services Employment and Reemployment Rights Act: the factfinder could reasonably infer that military status motivated denial of interview, and that Greer would have obtained interview had she not been military) […]
Discrimination~Retaliation *Payan v. UPS (10th Cir., November 25, 2019) (affirming summary judgment in favor of UPS on Payan’s racial discrimination and retaliation claims: UPS offered consistent justifications for its disciplinary decision, committed no procedural irregularities, and treated Payan no differently than similarly-situated employees) *Cases marked with an asterisk are not binding precedent, except under the […]
Unemployment Appeals Utah Paiute Tribal Housing Authority, Inc., v. Dept. of Workforce Services (Utah Ct. App., November 21, 2019) (affirming the Workforce Appeals Board decision that the Housing Authority’s employee was terminated without just cause and is thus entitled to unemployment benefits) *Cases marked with an asterisk are not binding precedent, except under the doctrines […]
