Tuesday, August 23, 2016

Cases --- August 14th through 20th

Contract/Noncompete/Trade Secret/Wrongful Termination

*Retiree, Inc. v. Anspach (10th Cir., August 17, 2016) (affirming damages on Anspach's breach of confidentiality agreement, but reversing as to improper disclosure. Additionally, in a nondisclosure agreement (rather than a noncompete covenant), an indefinite term is permissible.)

*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.

Friday, August 19, 2016

D. Scott Crook Named to Best Lawyers in America

D. Scott Crook, the creator of The Utah Employment Lawyer and president of D. Scott Crook Law, PC, was nominated by his peers for inclusion in the 2017 Edition of Best Lawyers in America for Labor and Employment Litigation.  Mr. Crook, who has also been named as a Mountain States Super Lawyer and as Utah Legal Elite by Utah Business Magazine, has been included in The Best Lawyers in America since 2013.

Wednesday, August 3, 2016

Wednesday, July 27, 2016

Cases --- July 17th through 23rd

Friday, July 15, 2016

Cases --- July 10th through 16th


Maiteki v. Marten Transport Ltd. (10th Cir., July 13, 2016) (affirming summary judgment in favor of Marten Transport on Maiteki's claim that Marten violated the FCRA reinvestigation provisions)


*Transam Trucking v. Administrative Review Board (10th Cir., July 15, 2016) (denying Transam's petition for review of a decision concluding that Alphonse Maddin was terminated in violation of statutory whistleblower provisions and ordering him reinstated with back pay)


Discrimination/Retaliation

*Finney v. Lockheed Martin (10th Cir., July 11, 2016) (affirming summary judgment in favor of Lockheed that Finney's layoff was not the result of age discrimination or retaliation in violation of the ADEA)

*Kilcrease v. Domenico Transportation Co. (10th Cir., July 12, 2016) (affirming summary judgment in favor of Domenico because Kilcrease failed to establish that he was a qualified individual under the ADA, and Domenico took no adverse employment action subsequent to the ADA claim)


*Starr v. Quiktrip Corporation (10th Cir., July 13, 2016) (reversing summary judgment in favor of Quiktrip on Starr's premature termination claim, but affirming in favor of Quiktrip on his discrimination claim)


ERISA


Lebahn v. National Farmers Union (10th Cir., July 11, 2016) (affirming determination that pension-plan consultants are not fiduciaries as they do not exercise discretionary authority over plan administration)


Workers Compensation/Occupational Safety and Disease


*Nelson v. Colvin (10th Cir., July 12, 2016) (affirming denial of disability and supplemental security benefits because the agency applied the correct legal standards and its findings were supported by substantial evidence)