Contract/Noncompete/Trade Secret/Wrongful Termination*Coleman v. Utah State Charter School Board (10th Cir., December 16, 2016) (affirming summary judgment in favor of the Board because its members were entitled to qualified immunity)Discrimination/Retaliation*Jackson v. J.R. Simplot Co. (10th Cir., Dec. 15, 2016) (affirming summary judgment in favor of Simplot on Jackson’s pregnancy discrimination claim, under the McDonnell Douglas […]
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 […]
Discrimination/Retaliation*Moore v. Philips Electronics North America Corporation (10th Cir., June 6, 2016) (affirming summary judgement in favor of Philips on Moore’s race discrimination and retaliatory discharge claims since Philips’ reason for the discharge was not pretextual)ERISA and Employee Pension Plans*Jenkins-Dyer v. Exxon Mobil Corporation (10th Cir., June 6, 2016) (affirming summary judgment in favor of […]
Contract/Noncompete/Trade Secret/Wrongful Termination Green v. Brennan (U.S., May 23, 2016) (vacating dismissal ofGreen’s constructive discharge claim. The lower court held his complaintuntimely, having been filed 96 days after he had agreed to retire. The TenthCircuit affirmed. The Supreme Court, however, held that the 45-day limitationsperiod did not begin to run until Green actually submitted his […]
ERISACeco Concrete Construction, LLC, v. Centennial State Carpenters Pension Trust (10th Cir., May 3, 2016) (reversing summary judgement in favor of Ceco, because Ceco failed to comply with the Multiemployer Pension Plan Amendment Act (MPPAA))Miscellaneous*Broughton v. Merit Systems Protection Board (10th Cir., May 5, 2016) (affirming dismissal for failure to state an intelligible claim under Rule […]
ERISALebahn v. Owens (10th Cir., February 19, 2016) (affirming denial of Lebahn’s untimely 60(b) motion in regard to Owens’ fiduciary status)*Messick v. McKesson Corporation (10th Cir., February 17, 2016) (vacating district court order in light of procedural irregularity an incomplete record, and remanding to insurer for further administrative appeal) Wrongful TerminationReynolds v. Gentry Finance Corporation (Utah […]
DiscriminationL’Ggrke v. Asset Plus Corporation (10th Cir., January 20, 2016) (affirming dismissal of L’Ggrke’s employment discrimination complaint for failure to prosecute)ERISAMontanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan (U.S., January 20, 2016) (reversing an 11th-Circuit decision holding that when an ERISA-plan participant wholly dissipates a third-party settlement on nontraceable items, the plan […]
ERISAMartinez v. the Plumbers and Pipefitters National Pension Plan (10th Cir., July 29, 2015) (upholding denial of request to convert early retirement pension to disability pension) Miscellaneous*Janczak v. Tulsa Winch (10th Cir., July 30, 2015)(reversing and remanding summary judgment against Janczak on claim of interference with FMLA leave) Discrimination and Retaliation*Didier v. Abbott Laboratories (10th Cir., July 31, 2015)(affirming summary judgement […]
