Contract/Noncompete/Trade Secret/Wrongful Termination *Jones v. Office of Administrative Hearings (10th Cir., December 11, 2018) (affirming dismissal of Jones’s equal protection and due process claims after she was fired after failing a drug test) Workers Compensation/Occupational Safety and Disease *Vigil v. Commissioner, SSA (10th Cir., December 11, 2018) (affirming denial of disability benefits: Vigil failed to satisfy the […]
On December 4, 2018, Utah Governor Gary Herbert signed H.B. 3001, the Utah Medical Cannabis Act, a bill that authorized the immediate implementation of a system that permits the use of medical cannabis in Utah. Included within the bill are provisions that requires the Utah state government and all Utah political subdivisions to “treat [their] […]
Workers Compensation/Occupational Safety and DiseaseStraub v. BNSF Railway Company (10th Cir., December 3, 2018) (reversing dismissal of Straub’s FELA claim insofar as it is based on Locomotive Inspection Act strict liability)
Wages*Agrawal v. Ogden (10th Cir., November 28, 2018) (affirming latest dismissal in a lengthy series of actions seeking to void the results of an unpaid wage dispute) *The 10th Circuit has declared this case not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, […]
Workers Compensation/Occupational Safety and Disease*Bryant v. Commissioner (10th Cir., November 23, 2018) (reversing denial of disability benefits: the administrative law judge improperly evaluated her medical provider’s opinions*The 10th Circuit has declared this case not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, […]
Retirement, ERISA and Employee Pension PlansHackford v. Utah State Retirement Board (Utah Ct. App., November 16, 2018) (declining to disturb the Board’s decision that Hackford’s early retirement is subject to the early retirement reduction)Workers Compensation*Lauer v. Commissioner (10th Cir., November 14, 2018) (reversing denial of disability benefits: the ALJ failed to properly take into account Lauer’s […]
Contract/Noncompete/Trade Secret/Wrongful TerminationSkolnick v. Exodus Healthcare Network, PLLC (Utah Ct. App., November 8, 2018) (affirming summary judgment in favor of Skolnick on her claim for breach of contract: Exodus’s obligation to pay Skolnick was not subject to any condition precedent) Discrimination/Retaliation *Ombe v. State of New Mexico (10th Cir., November 8, 2018) (affirming judgment against […]
Discrimination/Retaliation*Bryant v. United States Postal Service (10th Cir., November 2, 2018) (reversing dismissal based on lack of jurisdiction and remanding for dismissal for failure to exhaust administrative remedies)*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 […]
Discrimination/Retaliation*Herrera v. United Airlines, Inc. (10th Cir., October 22, 2018) (affirming summary judgment in favor of United: Herrera could show no pretext in his termination, and United’s reasons were legitimate and nondiscriminatory)*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of […]
Discrimination/Retaliation *Palmer v. Kaiser Foundation Hospitals (10th Cir., October 18, 2018) (affirming summary judgment in favor of Kaiser on Palmer’s race discrimination, retaliation, and hostile work environment claims: the differences in job descriptions raised created no issues of fact) Workers Compensation/Occupational Safety and Disease *Praytor v. Commissioner (10th Cir., October 19, 2018) (reversing denial of […]
