Contract / Noncompetition C.R. England v. Swift Transportation Company (Utah, February 27, 2019) (to prove intentional interference with an employment contract by improper means, based on violation of an established industry standard, the plaintiff must provide evidence of an objective, industry-wide standard) Discrimination / Retaliation *Davis v. BAE Systems Technology Solutions & Services Inc. (10th […]
Discrimination/Retaliation *Franken v. Bernhardt (10th Cir., February 11, 2019) (affirming dismissal of sexual-orientation discrimination and retaliation complaint by former Yellowstone Park employee: the district court was correct in holding the claims preempted by the Civil Service Reform Act) Bekkem v. Wilkie (10th Cir., February 12, 2019) (affirming summary judgment for Wilkie on Bekkem’s unequal pay […]
Discrimination/Retaliation Payan v. United Parcel Service (10th Cir., October 4, 2018) (affirming summary judgment in favor of UPS on Payan’s racial discrimination and breach of both contract and the covenant of good faith and fair dealing: critical elements were missing from each claim)*Jara v. Standard Parking (10th Cir., October 2, 2018) (affirming dismissal of discrimination claim […]
Workers Compensation/Occupational Safety and Disease*Keller v. Commissioner (10th Cir., September 13, 2018) (affirming dismissal of Keller’s pro se social-security-benefits complaint for failure of the short-and-plain-statement requirement)*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 […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Johns Manville Corporation v. Knauf Insulation, LLC (10th Cir., September 5, 2018) (affirming denial of Manville’s motion for a new trial on its trade secrets claim—lengthy procedural discussion) Miscellaneous Kyco Services, LLC, v. Department of Workforce Services (Utah Ct. App., September 7, 2018) (affirming, as supported by substantial evidence, determination that Kyco failed […]
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 […]
Discrimination/Retaliation*Dulany v. Brennan (10th Cir., June 7, 2018) (affirming summary judgment against Dulany on her retaliation and FMLA claims: Dulany could not show either retaliation or constructive discharge)*The court declared this case not to be binding precedent except under the doctrines of law of the case, res judicata, and/or collateral estoppel. It may be cited, […]
Discrimination/Retaliation *Christmon v. B&B Airparts, Inc. (10th Cir., May 24, 2018) (affirming summary judgment in favor of B&B on Christmon’s religious discrimination claim: B&B reasonably accommodated Christmon’s beliefs) Labor Unions Epic Systems Corp. v. Lewis (U.S., May 21, 2018) (The Federal Arbitration Act mandates that arbitration agreements providing for individual proceedings be enforced as written) […]
