CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION Atlas Biologicals v. Biowest, et al. (10th Cir., October 11, 2022) (affirming summary judgment in favor of Atlas on its claim for declaratory judgment that former employee’s transfer of 7% interest in Atlas to Atlas’s rival Biowest was legally invalid) *Cases marked with an asterisk are […]
Workers Compensation ~ Occupational Safety and Disease *Gielissen v. Reliance Standard Life Insurance Company (10th Cir., October 7, 2022) (affirming Reliance Standard’s decision to terminate benefits: Reliance Standard properly relied on the evidence of the surveillance videos to determine that Gielissen was no longer restricted from performing any occupation) *Cases marked with an asterisk are […]
Discrimination~Retaliation Parker v. United Airlines, Inc. (10th Cir., September 26, 2022) (affirming summary judgment in favor of United: United’s seeking independent review of Parker’s misconduct broke any causal chain between Parker’s FMLA leave and any retaliatory action by her supervisors) Workers Compensation ~ Occupational Safety and Disease Energy West Mining Company v. Bristow (10th Cir., […]
Labor Unions *Hampton v. Bakery, Confectionery & Tabacco Workers (10th Cir., September 21, 2022) (affirming dismissal, for failure to state a claim, of Hampton’s complaint alleging breach of the duty of fair representation and race discrimination) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res […]
Discrimination ~ Retaliation *Crews v. Austin (10th Cir., September 12, 2022) (affirming summary judgment in favor of Crews’s employer, the Department of Defense, on her claims for Title VII retaliation, intentional infliction of emotional distress, and disability discrimination: Crews did not offer sufficient justification for her delay in seeking Rule 60(b) relief) *Braithwaite v. United […]
Discrimination~Retaliation Sorenson v. Wadsworth Brothers Construction Company (10th Cir., September 9, 2022) (affirming summary judgment in favor of Wadsworth on Sorenson’s retaliation claim based on the whistleblower provisions of the federal false claims act: Sorenson failed to put Wadsworth on notice his protected activities were related to purported violations of the FCA and failed to […]
Discrimination~Retaliation *Bisconte v. Sandia National Laboratories (10th Cir., August 31, 2022) (affirming summary judgment in favor of Sandia on Bisconte’s state law claims claims for discrimination and retaliation: Sandia operates predominately on an air force base in a federal enclave; Bisconte’s claims rely on state law adopted after the enclave was created, and are thus […]
Discrimination~Retaliation *Gabriel v. Trans Am Trucking Co. (10th Cir., August 25, 2022) (affirming dismissal of Gabriel’s complaint under the ADA and motion to recuse: The complaint was incomprehensible, and Gabriel showed no viable evidence of bias) Ford v. Jackson National Life Insurance Co. (10th Cir., August 23, 2022) (affirming dismissal of Ford’s discrimination claim, but […]
Contract~Noncompete~Trade Secrets~Wrongful Termination *Parmenter v. City of Nowata (10th Cir., August 19, 2022) (reversing summary judgment in favor of Nowata on Parmenter’s claim that the city denied him procedural due process, and remanding for determination as to whether Parmenter had a protected interest in his position and, if so, whether hereceived appropriate process) *LS3, Inc. […]
Discrimination~Retaliation *Nortey v. St. John Medical Center, Inc. (10th Cir., August 11, 2022) (affirming summary judgment in favor of St. John on Nortey’s discrimination, retaliation, and other claims: Nortey’s only claims on appeal—that the judge was biased and that St. John’s counsel improperly deposed her while her cognition was impaired—were not presented below and could […]
