Discrimination~Retaliation *Hill v. SER Jobs for Progress National, Inc. (10th Cir., September 21, 2021) (reversing summary judgment in favor of SER on Hill’s employment discrimination and retaliation claims: although SER claimed Hill was not an employee, the record was inconclusive for purposes of Title VII; the matter was remanded for determination) ERISA and Employee Pension […]
Discrimination ~ Retaliation *Davis v. State of Utah (10th Cir., September 2, 2021) (affirming dismissal of plaintiffs’ employment-related claims against Utah and the University of Utah: plaintiffs’ First-Amendment allegations failed to overcome their qualified-immunity burden, and plaintiffs’ state-law claims were untimely) *Guy v. McDonough (10th Cir., August 30, 2021) (affirming summary judgment in favor of […]
Discrimination ~ Retaliation *Lister v. Western Industries Corporation (10th Cir., July 19, 2021) (affirming summary judgment in favor of Western Industries on Lister’s claim of racial discrimination: Western’s stated reason for terminating Lister—violation of safety protocol—was not pretextual) Public Employers/Employees *Blackburn v. U.S. (10th Cir., July 19, 2021) (reversing dismissal of the Blackburns’ negligent performance […]
Discrimination ~ Retaliation *Fisher v. Basehor-Linwood Unified School District (10th Cir., March 16, 2021) (affirming summary judgment in favor of the school district on Fisher’s claims for disability discrimination and retaliation: Fisher presented no evidence that her the principal’s inquiry regarding her disability was inconsistent with the District’s business needs, and thus proper, nor could […]
Workers’ Compensation ~ Occupational Safety and Disease White v. Labor Commission (Utah Ct. App., September 11, 2020) (Declining to disturb the Commission appellate board determination that White had failed to show that his injury was legally caused by his employment: White failed to satisfy the heightened causation standard applicable because of his preexisting injury)
Discrimination ~ Retaliation *Robinson v. Barrett (10th Cir., August 7, 2020) (affirming summary judgment in favor of Barrett, the secretary of the Air Force, on Robinson’s retaliation claim: she failed to raise a genuine issue of material fact as to whether the reasons for the Air Force’s actions were pretextual) *Cejka v. Vectrus Systems Corporation […]
Workers Compensation ~ Occupational Safety and Disease Oceguera v. Labor Commission (Utah Ct. App., May 29, 2020) (setting aside Commission Appeals Board denial of total disability benefits: Oceguera had to satisfy higher standard, but she did so: she established that her workplace activity was the legal cause of her injury)
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 *Brown v. Keystone Learning Services (10th Cir., February 11, 2020) (affirming summary judgment in favor of Keystone: Brown could not show pretext on his discrimination claim, nor could he show even a prima facie case of retaliation) *Mohn v. Progressive Insurance (10th Cir., February 10, 2020) (affirming summary judgment in favor of […]
Public Employees Haynes v. Department of Public Safety (Utah Ct. App., February 6, 2020) (reversing dismissal of Haynes’s breach of contract action: the relevant terms of the settlement agreement under which Haynes supposedly failed to perform were ambiguous) Wages Aguilar v. Management and Training Corp. (10th Cir., February 4, 2020) (reversing summary judgment in favor […]
