Discrimination/Retaliation *Walker v. Balco (10th Cir., September 26, 2016) (finding no error in the dismissal of Walker’s retaliatory discharge complaint for failure to allege facts sufficient to show his discharge to be contrary to compelling public policy) Workers Compensation/Occupational Safety & Disease *Allen v. Colvin (10th Cir., September 27, 2016) (affirming denial of disability benefits […]
Miscellaneous *Wyles v. Sussman (10th Cir., September 13, 2016) (vacating dismissal of federal suit: the pending state-court action did not preclude the parallel federal-court action) *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 estoppel. They […]
Labor Unions American Federation of Gov’t Employees, Local 1592, v. Federal Labor Relations Authority (10th Cir., September 7, 2016) (denying the union’s petition to review an FLRA decision denying a union member a union representative during interrogation)
Miscellaneous Brown v. Perez (10th Cir., August 29, 2016) (reversing summary judgment against plaintiffs—federal employees eligible for workers compensation—because genuine issues of critical fact existed) Heartwood Home Health and Hospice v. Huber (Utah Ct. App., September 1, 2016) (dismissing motion for rule 11 sanctions in a case involving claims of breach-of-confidentiality and -loyalty, intentional interference with […]
Discrimination/Retaliation *Panicker v. Oklahoma City (10th Cir., August 23, 2016) (affirming dismissal of Panicker’s discrimination and hostile work environment claims for failure to obtain service (on individual defendants) and for expiration of the applicable statute of limitations (on the city)) Workers Compensation/Occupational Safety & Disease *Jazvin v. Colvin (10th Cir., August 24, 2016) (affirming denial […]
On Tuesday, December 6th, D. Scott Crook will be a presenter in a two-day Continuing Education event hosted by the National Business Institute entitled Advanced Employment Law: What You Need to Know. Mr. Crook will be instructing on important topics for lawyers and human resource professionals: LGBT/Sexual Orientation Discrimination: Navigating the Changing Legal Landscape, and […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Retiree, Inc. v. Anspach (10th Cir., August 17, 2016) (affirming damages on Anspach’s breach of confidentiality agreement, but reversing as to improper disclosure. Additionally, in a nondisclosure agreement (rather than a noncompete covenant), an indefinite term is permissible.) *Cases marked with an asterisk are cases the 10th Circuit does not consider binding […]
D. Scott Crook, the creator of The Utah Employment Lawyer and president of D. Scott Crook Law, PC, was nominated by his peers for inclusion in the 2017 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 […]
Discrimination/RetaliationBird v. West Valley City (10th Cir., August 8, 2016) (affirming summary judgment in favor of West Valley on Bird’s gender-discrimination and hostile-work-environment claims; but reversing on Bird’s claim of First-Amendment retaliation claim) *Ridgell-Boltz v. Colvin (10th Cir., August 10, 2016) (affirming denial of attorneys’ fees, but reversing the district court’s order dismissing Ridgell-Boltz’s hostile-work-environment […]
