Miscellaneous Fedor v. United Healthcare, Inc. (10th Cir., September 16, 2020) (vacating order compelling arbitration claims against Fedor’s former employer: the district court impermissibly compelled arbitrarion before finding an arbitration agreement existed) Workers Compensation ~ Occupational Safety and Disease Aubrey v. Koppes (10th Cir., September 18, 2020) (reversing summary judgment in favor of the county […]
Discrimination~Retaliation *Tastan v. Los Alamos National Security, LLC (10th Cir., April 15, 2020) (affirming summary judgment for Los Alamos on Tastan’s disability discrimination and retaliation claims: Tastan’s evidence was insufficient to prove discrimination or pretext) Miscellaneous *Palmer v. City and County of Denver (10th Cir., April 13, 2020) (affirming dismissal of Palmer’s second amended complaint […]
Miscellaneous Kansas v. Garcia (U.S., March 3, 2020) (reversing Kansas supreme court determination that federal law prohibits information on an I-9 form being used as the basis for state-law identity theft prosecution, in connection with the hiring of unauthorized aliens: Kansas statutes were not expressly preempted, and the assertion that information placed on an I-9 […]
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 […]
Miscellaneous Salt Lake City v. Kidd (Utah, January 23, 2019) (Kidd failed to preserve or to brief her equal protection or First Amendment claims in connection with her conviction for working as an escort without a license) Wages Cummings v. Dean (10th Cir., January 24, 2019) (reversing denial of qualified immunity to Dean, director of Labor […]
Miscellaneous Culbertson v. Berryhill (U.S., January 8, 2019) (reversing 11th Circuit decision in a disability benefit proceeding under the Social Security Act: The section 406 25% cap applies only to fees for court representation, not to aggregate fees)
Contract/Noncompete/Trade Secret/Wrongful Termination *Hawg Tools, LLC, v. Newsco International (10th Cir., December 18, 2018) (affirming denial of motion to reopen claims for trade secret misappropriation of a trade secret; the district court correctly held it barred by claim preclusion)Discrimination/Retaliation*Medearis v. City of Tahlequah (10th Cir., December 21, 2018) (affirming summary judgment in favor of the […]
Discrimination/Retaliation Payan v. United Parcel Service (10th Cir., October 4, 2018) (affirming summary judgment in favor of UPS on Payan’s racial discrimination and breach of both contract and the covenant of good faith and fair dealing: critical elements were missing from each claim)*Jara v. Standard Parking (10th Cir., October 2, 2018) (affirming dismissal of discrimination claim […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Johns Manville Corporation v. Knauf Insulation, LLC (10th Cir., September 5, 2018) (affirming denial of Manville’s motion for a new trial on its trade secrets claim—lengthy procedural discussion) Miscellaneous Kyco Services, LLC, v. Department of Workforce Services (Utah Ct. App., September 7, 2018) (affirming, as supported by substantial evidence, determination that Kyco failed […]
MiscellaneousVander Veur v. Groove Entertainment Technologies (Utah Ct. App., August 9, 2018) (breach of the implied covenant of good faith may be asserted after termination to protect from opportunistic interference an at-will employee’s justified expectation of the fruit of a compensation agreement)
