MiscellaneousVander Veur v. Groove Entertainment Technologies (Utah Ct. App., August 9, 2018) (breach of the implied covenant of good faith may be asserted after termination to protect from opportunistic interference an at-will employee’s justified expectation of the fruit of a compensation agreement)
Discrimination/Retaliation*Muller v. Perdue (10th Cir., August 1, 2018) (affirming dismissal of retaliation and defamation claims: the court below did not abuse its discretion)*Williams v. SKF USA, Inc. (10th Cir., August 1,2018) (affirming final judgment against him on his hostile-work-environment claims: there is no basis for reversal)Workers Compensation/Occupational Safety and Disease*Otero v. Commissioner, SSA (10th Cir., August […]
Discrimination/Retaliation Bailey v. Independent School District (10th Cir., July 24, 2018) (reversing summary judgment in favor of school district: public employee’s letter seeking a reduced sentence for his relative is speech on a matter of public concern for First Amendment purposes)Armstrong v. the Arcanum Group, Inc. (10th Cir., July 27, 2018) (affirming summary judgment for […]
Discrimination/Retaliation *Nicholson v. Mnuchin (10th Cir., July 17, 2018) (affirming dismissal of complaint as frivolous) *Cases marked with an asterisk are 10th Circuit cases the court declared not to be 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. […]
Labor UnionsTeamsters Local 222 v. Utah Transit Authority (Utah, July 9, 2018) (dismissing as moot teamsters’ appeal as to the right to unionize: UTA supervisors voted not to unionize before the district court ever entered final judgment)
Discrimination/Retaliation*Peavy v. Labor Source, LLC (10th Cir., June 26, 2018) (affirming denial of Peavy’s “collateral attack” on dismissal of his discrimination suit from 2015: he presented no fact or law permitting reversal) Labor Unions Janus v. American Federation of State, County, and Municipal Employees, Council 31 (U.S., June 27, 2018) (States and public-sector unions may not […]
D. Scott Crook, the creator of The Utah Employment Lawyer and the Managing Attorney of Crook & Taylor Law PLLC, was nominated by his peers for inclusion in the 2019 Edition of Best Lawyers in America for Labor and Employment Litigation. Mr. Crook, who has also been named as a Mountain States Super Lawyer and as Utah Legal Elite by Utah Business Magazine, has […]
Discrimination/Retaliation *Mielnicki v. Wal-Mart Stores, Inc. (10th Cir., June 20, 2018) (affirming summary judgment in favor of Wal-Mart on ADA claim: she failed to raise an issue of material fact as to her ability as a maintenance associate)ERISA and Employee Pension Plans Wisconsin Central Ltd., et al., v. United States (U.S., June 21, 2018) (reversing […]
Contract/Noncompete/Trade Secret/Wrongful Termination Grimm v. DxNA LLC (Utah Ct. App., June 14, 2018) (affirming determination that Grimm had an enforceable employment agreement with DxNA)
