DISCRIMINATION ~ RETALIATION *Glapion-Pressley v. City and County of Denver (10th Cir., April 14, 2022) (Glapion-Pressley failed to show error in the dismissal of her claims for failure to satisfy Title VII’s verification requirement before the EEOC) MISCELLANEOUS *Hurst v. McDonough (10th Cir., April 12, 2022) (affirming summary judgment in favor of McDonough on Hurst’s […]
Wages Butler v. Mediaport Entertainment, Inc. (Utah Ct. App., March 24, 2022) (affirming summary judgment dismissing Butler’s counterclaims against his former employer in their litigation over the validity of an employment agreement: Butler failed to show sufficient evidence of damages) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law […]
Discrimination~Retaliation *Joritz v. The University of Kansas (10th Cir., March 18, 2022) (affirming dismissal of Joritz’s retaliation, sex discrimination, and national-origin discrimination claims: Joritz’s claims were barred by res judicata) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
Discrimination~Retaliation Stroup v. United Airlines, Inc. (10th Cir., February 28, 2022) (affirming district court judgment, and denial of United’s motion for judgment as a matter of law: there was sufficient evidence for the jury to reasonably find not only that United violated the Age Discrimination in Employment Act, but that it did so willfully (lengthy […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Keybank Nat’l Assoc. v. Williams (10th Cir., February 10, 2022) (affirming denial of Keybank’s motion for preliminary injunction to prevent defendants from doing business with and soliciting KeyBank’s customers and misappropriating its trade secret and confidential information: KeyBank failed to show a probability of irreparable harm) […]
Discrimination ~ Retaliation *Barker v. Utah Department of Environmental Quality (10th Cir., January 28, 2022) (affirming dismissal Barker’s complaint for retaliation against her because of her earlier, settled lawsuit from 2015: Barker failed to name the DEQ as the defendant in her amended complaint, did not timely file her discrimination charge with the EEOC, and […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Ostler v. Department of Public Safety (Utah Ct. App., January 21, 2022) (reversing denial of Ostler’s motion to amend his complaint after dismissal: Because both sides put forth reasonable interpretations of the contact provision at issue, the provision was, by definition, ambiguous. Thus, Ostler’s amended complaint […]
Miscellaneous Schvaneveldt v. South Davis Metro Fire Service Area (Utah Ct. App., January 6, 2022) (granting South Davis’s motion for summary disposition and dismissing for lack of jurisdiction: astonishingly, no statute in the Utah Code confers jurisdiction on the courts over South Davis’s final decision to terminate Schvaneveldt—a serious gap in Utah statutory law: employees […]
Discrimination~Retaliation *Flores v. City of Farmington (10th Cir., December 13, 2021) (affirming judgment on the pleadings and summary judgment in favor of Farmington on the plaintiffs’ claims of First-Amendment free-speech retaliation and religious discrimination: because the first defendant’s speech was made pursuant to his official duties, it did not enjoy First-Amendment protection; the second defendant’s […]
Discrimination~Retaliation *Rohwedder v. Rocky Mountain Pies, LLC (10th Cir., November 23, 2021) (affirming dismissal with prejudice of Rohwedder’s employment-discrimination suit: although failure to exhaust administrative remedies is no longer a jurisdictional defect, it can be and was properly raised as an affirmative defense by Rocky Mountain; Rohwedder thus failed to state a claim under 12(b)(6); […]
