ERISA Teets v. Great-West Life & Annuity Insurance Company (10th Cir., March 27, 2019) (affirming summary judgment for Great-West: GW was not a fiduciary, and Teets did not adduce sufficient evidence to impose liability as a nonfiduciary party in interest) Miscellaneous Zak v. Department of Workforce Services (Utah Ct. App., March 28, 2019) (declining to […]
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 […]
Businesses throughout this country—whether small, medium, or large—are busy trying to make money by providing goods and services to their customers and clients. Charities, schools, governmental entities are also trying to provide services to their constituencies to help them. It is fair to say that all such organizations—at least the ones that intend to survive—are […]
Discrimination/Retaliation Bailey v. Independent School District (10th Cir., July 24, 2018) (reversing summary judgment in favor of school district: public employee’s letter seeking a reduced sentence for his relative is speech on a matter of public concern for First Amendment purposes)Armstrong v. the Arcanum Group, Inc. (10th Cir., July 27, 2018) (affirming summary judgment for […]
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/Wrongful TerminationKnopf v. Williams (10th Cir., March 5, 2018) (reversing summary judgment denying Mayor Williams qualified immunity on Knopf’s protected-speech retaliation claim: Knopf did not carry his burden to show violation of an established constitutional right: his speech was not protected private speech)*Sidlo v. MillerCoors, LLC (10th Cir., March 7, 2018) (affirming summary judgment for […]
Contract/Noncompete/Trade Secret/Wrongful Termination*Utter v. Amie Rose Colclazier (10th Cir., November 6, 2017) (affirming dismissal of implied employment contract and FMLA retaliation claims, but reversing dismissal of breach of contract and First Amendment claims)*Rael v. Smith’s Food and Drug Centers, Inc. (10th Cir., November 7, 2017) (affirming dismissal of Rael’s state law harassment and emotional distress claims as preempted […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Armstrong v. Wyoming Dept of Environmental Quality (10th Cir., January 5, 2017) (affirming dismissal of Armstrong’s numerous claims—including defamation based on wrongful termination, among other things—because Armstrong failed to identify any basis for reversal) Vogt v. City of Hays (10th Cir., January 4, 2017) (reversing dismissal of Vogt’s 5th-Amendment compelled self-incrimination claim against Hays)Helget […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Kreso v. McDonald (10th Cir.,November 12, 2015) (affirming district court’s refusal to overturn Veteran’s Affairs Disciplinary Appeals Board’s termination of Kreso’s employment) Discrimination & Retaliation *Cory v. City of Basehor (10th Cir.,November 12, 2015) (upholding summary judgment against Cory on his claim that the city terminated him as a police officer in retaliation for exercising his […]
Workers Compensation/Occupational Safety and Disease *Trujillo v. Colvin (10th Cir.,September 24, 2015) (reversing district court affirmation of the ALJ’s denialof social security benefits to Trujillo) Flowell Electric Association, Inc., v. RhodesPump, LLC (Utah S.Ct., September 25, 2015) (reversing grant of summary judgement based onthe presence of unresolved factual issues) Discrimination and Retaliation *Ingila v. Dish Network […]
