Contract/Noncompete/Trade Secret/Wrongful Termination Salo v. Tyler (Utah, February 22, 2018) (affirming summary judgment in favor of University of Utah Hospital pharmacy employees on Salo’s defamation and other claims: defendants acted within the scope of their employment: they were engaged in the type of work they were employed to perform and their actions were not willful) […]
Discrimination/Retaliation *Campos v. Mantech International Corporation (10th Cir., February 13, 2018) (affirming denial of Rule 60(b) motion for reconsideration: such a motion is not the appropriate way to present arguments that could have been raised previously, nor as a substitute for taking an appeal) *Gatewood v. VA GOV. Compensation (10th Cir., February 13, 2018) (affirming dismissal of […]
Discrimination/Retaliation *Gardenhire v. Manville (10th Circuit, February 7, 2018) (affirming summary judgment in favor of Manville on Gardenhire’s ADA claims (Manville made reasonable accommodations) and his FMLA claims for retaliation (lack of causation), interference (none with his FMLA rights), and Title VII racial discrimination (white employees were not similarly situated)) Workers Compensation/Occupational Safety and Disease Spring Creek […]
Workers Compensation/Occupational Safety and Disease*Streeter v. Berryhill (10th Cir., February 2, 2018) (affirming denial of disability benefits: Streeter failed to assert any factual or legal challengeto the decision)*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral […]
Contract/Noncompete/Trade Secret/Wrongful Termination Zimmerman v. University of Utah (Utah, January 23, 2018) (notice of termination may be an adverse employment action (independent of actual termination) sufficient to trigger the running of the 180-day filing limitation) Discrimination/Retaliation*Young v. City of Idabel (10th Cir., January 26, 2018) (affirming summary judgment in favor of Idabel: Young failed to show […]
Discrimination/RetaliationLincoln v. Maketa (10th Cir., January 17, 2018) (reversing denial of qualified immunity to defendants on plaintiffs’ claim of retaliation for protected speech)Tabura v. Kellogg (10th Cir., January 17, 2018) (reversing summary judgment in favor of Kellogg on Plaintiffs’ religious failure-to-accommodate claims)
Contract/Noncompete/Trade Secret/Wrongful Termination*Pliuskaitis v. USA Swimming (10th Cir., January 2, 2018) (affirming dismissal of Pliuskaitis’s damages claims for lack of subject matter jurisdiction: he failed to challenge the arbitrator’s denial of damages)Discrimination/Retaliation*Black v. Larimer (10th Cir., January 3, 2018) (affirming dismissal for Black’s failure to prosecute her sexual harassment claim)ERISAVan Steen v. Life Insurance Company […]
Discrimination/RetaliationEqual Employment Opportunity Commission v. Ali (10th Cir., December 28, 2017) (affirming judgment for Jetstream on Muslim women’s discrimination claim: disposal of records was not in bad faith; refusal to give adverse-inference instruction was not abuse of discretion) *Mottas v. Department of the Army (10th Cir., December 27, 2017) (affirming Merit Systems Protection Board denial of […]
ERISAMedina v. Catholic Health Initiatives (10th Cir., December 19, 2017) (affirming summary judgment in favor of Catholic Health: ERISA’s church-plan exemption does not fall foul of the Establishment Clause)Discrimination/Retaliation *Jones v. Berryhill (10th Cir., December 21, 2017) (affirming denial of disability benefits: any step-four error wsa harmless)*Montano v. Brennan (10th Cir., December 20, 2017) (affirming […]
