Cases — April 22nd through 28th, 2018

Workers Compensation/Occupational Safety & DiseaseDavis v. Labor Commission (Utah Ct. App., April 26, 2018) (declining to disturb Commission determination that worker was not acting in the course of his employment at the time of his accident:  discussion of the instrumentality exception to the “going and coming” rule—the truck was not an instrumentality of company’s business)Pittman v. Berryhill […]

Read More

Cases — April 1st through 7th, 2018

Workers Compensation/Occupational Safety and Disease*Morgan v. Baker Hughes Incorporated (10th Cir., April 3, 2018) (reversing judgment as a matter of law: material disputes remain forresolution as to Baker Hughes’ forklift safety procedures)WagesEncino Motorcars, LLC, v. Navarro (U.S., April 2, 2018) (reversing 9th Circuit and holding that service advisors are “salesm[e]n . . . primarily engaged in. […]

Read More

Cases — March 25th through 31st, 2018

Discrimination/Retaliation*Milam v. Pafford EMS (10th Cir., March 30, 2018) (affirming summary judgment in favor of Pafford on Milam’s hostile environment and religious and national-origin discrimination claims)ERISA and Employee Pension PlansDeseret Book Company v. Dept. of Workforce Services (Utah Ct. App., March 29, 2018) (declining to disturb determination that holiday actress was Deseret employee: the Board’s conclusion […]

Read More

Cases — March 18th through 24th, 2018

Contract/Noncompete/Trade Secret/Wrongful TerminationBeckman v. Cybertary Franchising (Utah Ct App, March 22, 2018) (reversing and remanding for new trial decision against Beckman on her wrongful termination claim and denial of her request for prejudgment interest, vacating award for attorney fees to Cybertary, and reversing fee award to other defendants)ERISA and Employee Pension PlanCyan, Inc., v. Beaver […]

Read More

Cases — March 11th through 17th, 2018

Contract/Noncompete/Trade Secret/Wrongful Termination*Nolan-Bey v. Wickham Glass, Inc. (10th Cir., March 15, 2018) (affirming dismissal of Nolan-Bey’s frivolous failure-to-train and termination claims)Discrimination/Retaliation*Balding v. Sunbelt Steel Texas, Inc. (10th Cir., March 13, 2018) (affirming summary judgent in favor of Sunbelt on Balding’s FMLA and ADA claims, but reversing on his state breach of contract claim)*Trimble v. Board […]

Read More

Cases — March 4th through 10th, 2018

Discrimination/Retaliation/Wrongful TerminationKnopf v. Williams (10th Cir., March 5, 2018) (reversing summary judgment denying Mayor Williams qualified immunity on Knopf’s protected-speech retaliation claim: Knopf did not carry his burden to show violation of an established constitutional right:  his speech was not protected private speech)*Sidlo v. MillerCoors, LLC (10th Cir., March 7, 2018) (affirming summary judgment for […]

Read More

Cases — February 25th through March 3rd, 2018

Discrimination/Retaliation*Starr v. Quiktrip Corporation (10th Cir., March 1, 2018) (affirming judgment in favor of Quiktrip on Starr’s Uniformed Services Employment & Reemployment Rights Act:  Starr did not show any reversible error.*Winston v. Ross (10th Cir., February 27, 2018) (affirming summary judgment in favor of the National Weather Service (Ross): Winston did not establish a prima facie discrimination […]

Read More