ERISA *Weiss v. Banner Health (10th Cir., February 9, 2021) (affirming denial of her request for pre-authorization of knee surgery: Weiss did not show that Banner’s plan administrator abused its discretion) Miscellaneous *Livingstone v. University of Kansas Hospital Authority (10th Cir., February 11, 2021) (affirming lower court’s disallowing leave to amend response brief: Livingstone sought […]
Contract~Noncompete~Trade Secret~Wrongful Termination Alfaro-Huitron v. Cervantes Agribusiness (10th Cir., December 11, 2020) (reversing summary judgment in favor of Cervantes on Plaintiff’s claims for breach of contract and violation of the Migrant and Seasonal Agricultural Worker Protection Act: the evidence suffices for a finding that the hiring contractor was acting as Cervantes’s agent when it […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Wyles v. Brady (10th Cir., July 22, 2020) (affirming dismissal of Wyles’s claims against Brady for malicious prosecution and outrageous conduct in connection with Wyles’s termination (for fraud and misappropriation of trade secrets) after seeking to reveal misconduct by corporate officers: Insufficient contacts existed between Brady and Colorado to establish personal […]
Discrimination ~ Retaliation Our Lady of Guadalupe School v. Morrissey-Berru (U.S., July 8, 2020) (reversing judgment in favor of plaintiffs on their disability- and age-discrimination claims: as employees of religious institutions, the First Amendment’s religion clauses foreclose the adjudication of their employment-discrimination claims) *Wilson v. Textron Aviation, Inc. (10th Cir., July 8, 2020) (affirming summary […]
Discrimination ~ Retaliation Bussey v. Esper (10th Cir., June 5, 2020) (affirming dismissal of Bussey’s retaliation claim: He waived this argument because he raised it for the first time on appeal; moreover, substantial evidence indicated that his supervisors knew nothing of his complaints before firing him) ERISA Thole v. U.S. Bank (U.S., June 1, 2020) […]
CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION *Hunter v. HCA (10th Cir., May 18, 2020) (dismissing Hunter’s appeal: because Hunter failed to object to the magistrate’s recommending summary judgment in favor of HCA, he waived his right to appellate review) ERISA *Moon v. Tall Tree Administrators, LLC (10th Cir., May 19, 2020) (affirming denial of benefits under ERISA: the […]
Discrimination ~ Retaliation Marks v. Colorado Department of Corrections (10th Cir., May 12, 2020) (reversing summary judgment in favor of the Department of Corrections on Marks’s claims under the Rehabilitation Act and the ADA: the defendants receive federal funding and could reasonably be held liable for the discrimination) ERISA Ellis v. Liberty Life Assurance Company […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Cook Martin Poulson v. Smith (Utah Ct. App., April 9, 2020) (affirming in part and reversing in part findings of contempt, entry of sanctions, and summary and final judgments in connection with injunction regarding noncompete agreement) Discrimination ~ Retaliation Babb v. Wilkie (U.S., April 6, 2020) […]
Discrimination ~ Retaliation *Fuller v. Kansas Department of Children and Families (10th Cir., March 30, 2020) (affirming dismissal and summary judgment in favor of Kansas on Fuller’s race, sex, and age discrimination claims: her challenges to the district court’s orders were either waived or meritless) Graham v. Albertson’s, LLC (Utah, March 31, 2020) (reversing partial […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Rivero v. Board of Regents (10th Cir., February 24, 2020) (affirming summary judgment in favor of defendants: Rivero’s claim that his psychiatric examinations violated the Rehabilitation Act was untimely, and his constructive discharge claim failed because his working conditions were not objectively intolerable) ERISA and Employee […]
