Tuesday, May 3, 2016

Cases --- April 24th through 30th

Contract/Noncompete/Trade Secret/Wrongful Termination

Brenner v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming Workforce Appeals Board determination that Brenner had been discharged for just cause was supported by substantial evidence)


Workers Compensation/Occupational Safety and Disease

Nichols v. Jacobsen Construction Co. (Utah, April 28, 2016) (affirming district court decision (reversing court of appeals in part) that Jacobsen had satisfied the requirements of the Workers Compensation Act and was thus an employer and immune from suit under the exclusive remedy provisions)


Adkins v. Colvin (10th Cir., April 27, 2016) (affirming denial of disability benefits)




Wednesday, April 27, 2016

Cases --- April 17th through 23rd

Thursday, April 14, 2016

Cases --- April 10th through 16th

Discrimination/Retaliation

*Robinson v. St. John Medical Center, Inc. (10th Cir., April 13, 2016) (affirming summary judgment in favor of St. John on Robinson's claims for race discrimination, retaliation, and wrongful termination)

*McGowan v. Board of Trustees (10th Cir., April 13, 2016) (affirming summary judgment in favor of defendant university on McGowan's claims of racial discrimination and retaliation, as the university's claim of "poor performance" was not pretextual)

Moe v. Dillon Companies, Inc. (10th Cir., April 15, 2016) (affirming judgment in favor of Dillon on Moe's various discrimination and retaliation claims, based on Moe's insufficient allegations)

ERISA

*Mid-South Iron Workers Welfare Plan v. Harmon (10th Cir., April 13, 2016) (affirming dismissal of plaintiffs' claim for breach of fiduciary duty)

Workers Compensation/Occupational Safety & Disease

*Cudd Pressure Control, Inc., v. New Hampshire Insurance Company (10th Cir., April 15, 2016) (affirming summary judgement in favor of insurer on Cudd's breach of contract and breach of good faith and fair dealing claims)

*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel.  They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1.

Cases --- April 3rd through 9th

Contract/Noncompete/Trade Secret/Wrongful Termination

Hollenbach v. Salt Lake City Corporation (Utah, April 7, 2016) (reversing Civil Service Commission determination that it lacked jurisdiction over Hollenbach's termination appeal because filing applies upon mail cancellation)

Discrimination/Retaliation

*Tuffa v. Flight Services & Systems, Inc. (10th Cir., April 5, 2016) (affirming exclusion of EEOC letter as to possible discrimination in the termination of 22 African employees, based on likelihood of juror confusion) 

Miscellaneous

Crane-Jenkins v. Mikarose, LLC (Utah, April 7, 2016) (reversing award of attorneys fees under federal Fair Labor Standards Act, 29 USC Chap. 8)

Workers Compensation/Occupational Safety and Disease

Bade-Brown v. Labor Commission (Utah, April 7, 2016) (upholding Commission order denying hearing because of based on glaring deficiency and potential bias)

Bell v. Colvin (10th Cir., April 7, 2016) (affirming denial of disability benefits because ALJ credibility determinations are entitled to special deference)

*Ringgold v. Colvin (10th Cir., April 4, 2016) (reversing judgment in favor of Commissioner because the ALJ failed to properly evaluate consulting psychologist's opinion)



*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel.  They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1.

Thursday, March 31, 2016

Cases --- March 27th through April 2nd

Contract/Noncompete/Trade Secret/Wrongful Termination

ClearOne, Inc., v. Revolabs, Inc. (Utah, April 1, 2016) (Revolabs lacked sufficient contact with Utah for ClearOne to bring suit in Utah for predatory hiring, contractual interference, and abetting breach of fiduciary duty)

Labor Unions

*Ortega v. New Mexico Legal Aid, Inc. (10th Cir.,  March 29, 2016) (affirming dismissal of breach-of-contract claim for failure to exhaust the collective bargaining agreement's grievance procedure)


Wages

Castaneda vs. JBS USA, LLC (10th Cir., March 31, 2016) (affirming judgement in favor of JBS regarding compensable time during production breaks)

Workers Compensation/Occupational Safety and Disease

*Lane v. Colvin (10th Cir., March 29, 2016) (affirming denial of benefits because any ALJ error as to a limitation on supervisor interaction was harmless)

*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel.  They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1

Cases --- March 20th through 26th

No Cases