Cases — June 4th through 10th

Discrimination/Retaliation *Yinger v. Postal Presort, Inc. (10th Cir., June 9, 2017) (reversing and remanding summary judgment against Yinger on his disability discrimination and retaliatory discharge claims) *Pittman v. American Airlines, Inc. (10th Cir., June 8, 2017) (affirming summary judgment in favor of American Airlines on Pittman’s race and disability discrimination and retaliation because she failed […]

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Cases — April 23rd through 29th

Discrimination/Retaliation *Craine v. National Science Foundation (10th Cir., April 26, 2017) (denying Craine’s petition for review:  his disclosures, as a former employee of Kansas State University, did not fall within the whistleblower protections of 41 U.S.C. ss. 4712) *Jackson v. The Education and Employment Ministry (10th Cir., April 27, 2017) (affirming summary judgment in favor […]

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Cases — November 13th through 19th

Contract/Noncompete/Trade Secret/Wrongful TerminationAcha v. Dept. of Agriculture (10th Cir., November 14, 2016) (vacating MeritSystems Protection Board decision:  the MSPB lacked jurisdiction to consider whether Acha had been terminated for disclosure of Federal Acquisition Regulation violation)Discrimination/Retaliation*Palzer v. Cox Oklahoma Telecom, LLC (10th Cir., November 18, 2016) (reversing dismissal of Palzer’s suit for failure of timely service, instead of giving […]

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Cases — September 25th through October 1st

Discrimination/Retaliation *Walker v. Balco (10th Cir., September 26, 2016) (finding no error in the dismissal of Walker’s retaliatory discharge complaint for failure to allege facts sufficient to show his discharge to be contrary to compelling public policy)  Workers Compensation/Occupational Safety & Disease *Allen v. Colvin (10th Cir., September 27, 2016) (affirming denial of disability benefits […]

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Cases — July 10th through 16th

Contract/Noncompete/Trade Secret/Wrongful TerminationWest Valley City v. Coyle (Utah Ct. App., July 14, 2016) (upholding City Civil Service Commission decision reinstating Coyle as a police lieutenant after the city demoted him: the Commission acted within its discretion in determining that Coyle’s violations did not warrant demotion) Maiteki v. Marten Transport Ltd. (10th Cir., July 13, 2016) (affirming […]

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Cases — June 21st through 27th

Discrimination & Retaliation Teufel v. Dept. of the Army (10th Cir., June 26, 2015 — persusasive) (denying Teufel’s petition for review because all the points raised are “committed by law to the appropriate agency of the Executive branch”) Billy v. Curry County Board of Commissioners (10th Cir., June 25, 2015 — persuasive) (very brief case upholding Billy’s […]

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Cases — February 8th through 14th

False Claim Act  Vanlangingham v. Grand Junction Regional Airport Authority (10th Cir., February 11, 2015) (affirming a Rule 12(b)(6) dismissal of False Claims Act suit because of Vanlandingham’s knowing and voluntary execution of a release of all claims)   Discrimination Avington v. Metropolitan Tulsa Urban League (10th Cir., February 11, 2015) (affirming summary judgement in favor […]

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Claims under Utah Whistleblower Act Must be Filed Within 180 Days or They Are Barred

In Thorpe v. Washington City, the Utah Court of Appeals declared that an employee who failed to file a complaint in a court raising his Utah Protection of Public Employees Act (“Whistleblower Act”) claims within 180 days was barred.  The employee attempted to circumvent the requirements of the Whistleblower Act by claiming that a Notice […]

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