Discrimination/Retaliation*Gale v. Uintah County (10th Cir., December 15, 2017) (remanding for reevaluation of the limitations placed on testimony by the trial court: its unanalyzed evidence exclusion and unexplained change from denial to grant of motion constituted abuses of discretion) *Garcia v. Recondo Technologies (10th Cir., December 14, 2017) (affirming summary judgment in favor of Recondo on Garcia’s […]
Discrimination/Retaliation*Bright v. University of Oklahoma Board of Regents (10th Cir., December 5, 2017) (vacating sovereign-immunity dismissal of Bright’s ADA claim: the dismissal was proper but should have been without prejudice)Miscellaneous*Iglesia Pentecostal Casa de Dios para las Naciones, Inc. v. Duke (10th Cir., December 6, 2017) (affirming denial of visa for music director employee on Iglesia’s violation […]
Discrimination/Retaliation*Smith v. Sprint/United Management Company (10th Cir., December 1, 2017) (affirming summary judgment in favor of Sprint on Smith’s racial discrimination and retaliation claims: he failed to establish a prima facie claim of Title VII discrimination and failed to show that Sprint’s nondiscriminatory reason for terminating his was pretextual)Workers Compensation/Occupational Safety and DiseasePetersen v. Utah […]
Workers Compensation/Occupational Safety and Disease Rojas v. Utah Labor Commission (Utah Ct. App., November 16., 2017) (leaving undisturbed the Labor Commission’s decision denying Rojas a 15% increase in disability compensation because his workplace injury didn’t occur because of a willful safety violation by his employer)
Contract/Noncompete/Trade Secret/Wrongful Termination*Utter v. Amie Rose Colclazier (10th Cir., November 6, 2017) (affirming dismissal of implied employment contract and FMLA retaliation claims, but reversing dismissal of breach of contract and First Amendment claims)*Rael v. Smith’s Food and Drug Centers, Inc. (10th Cir., November 7, 2017) (affirming dismissal of Rael’s state law harassment and emotional distress claims as preempted […]
Contract/Noncompete/Trade Secret/Wrongful Termination First Western Capital Management Co. v. Malamed (10th Cir., October 30, 2017) (reversing grant of preliminary injunction: First Western should have been required to demonstrate irreparable harm from alleged misappropriation of trade secrets;because it could not, the preliminary injunction was unwarranted.) Discrimination/Retaliation *Johnston v. Hunter Douglas Window Fashions, Inc. (10th Cir., November 2, […]
Contract/Noncompete/Trade Secret/Wrongful TerminationAugustus v. Vernal City (Utah Ct. App., October 26, 2019) (declining to disturb the city’s decision to uphold Augustus’s termination: the city’s board did not violate Augustus’s due process notice right)Lamont v. Riverton City Board of Appeals (Utah Ct. App., October 26, 2017) (declining to overturn Lamont’s termination for his refusal to take an alcohol […]
Discrimination/Retaliation*Garcia v. City of Farmington (10th Cir., October 20, 2017) (affirming summary judgment in favor of Farmington: Garcia’s characterization of Farmington’s perception of her cannot support liability for either discrimination or retaliation)ERISAOwings v. United of Omaha (10th Cir., October 17, 2017) (reversing summary judgment in favor of United, which was arbitrary and capricious in determining the date […]
Workers Compensation/Occupational Safety and DiseaseSnyder v. Labor Commission (Utah Ct. App., October 13, 2017) (declining to disturb Commission denial of permanent partial disability: substantial evidence supported determination that the accident at issue did not cause Snyder’s degenerative arthritis)
