Monday, December 19, 2016

Cases --- December 11th through 17th

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 test)

*Ewing v. Doubletree DTWC (10th Cir., Dec. 14, 2016) (affirming summary judgement in favor of Doubltree on Ewings three ADA claims, because Doubletree had no knowledge of the disability and “[t]he ADA does not require clairvoyance”)

ERISA and Employee Pension Plans

*Amador v. Boilermaker-Blacksmith National Pension Trust (10th Cir., December 16, 2016) (affirming summary judgment against plaintiffs because the trust was neither arbitrary nor capricious in withholding benefits for failure to complete necessary IRS levy forms)

*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, December 15, 2016

Cases --- December 4th through 10th

Discrimination/Retaliation

*Stapp v. Curry County Board of Commissioners (10th Cir., December 6, 2016) (affirming summary judgement for Curry County on Stapp's Age Discrimination claims: constructive discharge, hostile work environment, and retaliation)

*Dye v. Moniz (10th Cir., December 6, 2016) (affirming summary judgment in favor of Moniz on Dye's disability discrimination and hostile work environment claims because the undisputed evidence showed that Dye chose to retire)

Labor Unions

*United States v. Grigsby (10th Cir., December 7, 2016) (affirming district court order that Grigsby's union retirement account be liquidated to satisfy the restitution judgement against him)

Miscellaneous

*McCune v. U.S. Securities and Exchange Commission (10th Cir., December 6, 2016) (affirming the SEC's disciplinary suspension of McCune (resulting in his being 'permitted to resign' from his employment) because he failed to ‘observe high standards of commercial honor and just and equitable principles of trade’)


*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, December 9, 2016

Note to Self: Next Jury Trial!!!!


Always remember this!!!!  (Picture from Reader's Digest, Life in these United States, at 37(Dec 2016/Jan 2017).)

Monday, November 28, 2016

Cases --- November 20th through 26th

Discrimination/Retaliation

*Lancaster v. Sprint/United Management Co. (10th Cir., November 23, 2016) (affirming summary judgment in favor of Sprint: Lancaster failed to timely serve process and unwarrantedly sought indeterminate leave under the ADA)


*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.

Wednesday, November 23, 2016

Cases --- November 13th through 19th

Contract/Noncompete/Trade Secret/Wrongful Termination

Acha v. Dept. of Agriculture (10th Cir., November 14, 2016) (vacating MeritSystems Protection Board decision:  the MSPB lacked jurisdiction to consider whether Acha had been terminated for disclosure of Federal Acquisition Regulation violation)

Discrimination/Retaliation

*Palzer v. Cox Oklahoma Telecom, LLC (10th Cir., November 18, 2016) (reversing dismissal of Palzer's suit for failure of timely service, instead of giving him opportunity to effect service under federal law)

*Lister v. City of Wichita (10th Cir., 2016, November 15, 2016) (affirming dismissal of discrimination claim (harassment) as time barred (85 days after the statutory filing deadline))

Miscellaneous

Mojsilovic v. Board of Regents, University of Oklahoma (10th Cir., November 17, 2016) (affirming dismissal of claim under the Trafficking Victims Protection Reauthorization Act. The Mojsilovics claimed that an agent of the University of Oklahoma forced them to work by threatening their immigration status.  The district court, however, concluded the university was entitled to sovereign immunity)

*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, November 4, 2016

Cases --- October 30th through November 5th

Wages

Sharp v. CGG Land (U.S.), Inc. (10th Cir., November 4, 2016) (affirming exclusion of meal allowance from time-and-a-half overtime calculation)

Workers Compensation/Occupational Safety and Disease

Petersen v. Labor Commission (Utah Ct. App., November 3, 2016) (affirming commission determination that surgeries were unnecessary and thus incompensable)

*Paulsen v. Colvin (10th Cir., November 1, 2016) (affirming denial of disability benefits and supplemental income: the ALJ properly evaluated credibility, weighed the medical evidence, and properly denied her motion to strike the vocational expert's testimony)

*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.

Crook & Taylor Law PLLC ranked as one of the Best Law Firms by U.S. News & World Report and Best Lawyers


On November 1, 2016, U.S. News & World Report and Best Lawyers, released its 2017 list of Best Law Firms.  D. Scott Crook Law, PC, the predecessor firm to Crook & Taylor Law PLLC, was named as a Utah Metropolitan Tier 1 Firm in the area of "Litigation - Labor & Employment."

Firms included in the 2017 "Best Law Firms" are recognized for professional excellence with persistently impressive ratings from clients and peers.  Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.  Ranked firms, presented in tiers, are listed on a national and metropolitan scale.  Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for its abilities, its professionalism and its integrity.  A Metropolitan Tier 1 Ranking is the highest tier ranking a firm can achieve in a metropolitan area

Saturday, October 29, 2016

Cases --- October 23rd through 29th

Discrimination/Retaliation

*Rusk v. State of Utah (10th Cir., October 26, 2016) (affirming dismissal of Rusk's discrimination/retaliation claim as barred by sovereign immunity)

*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.

Monday, September 19, 2016

Cases ---September 11th through 17th


*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 26, 2016

Cases --- August 21st through 27th

Discrimination/Retaliation 

*Panicker v. Oklahoma City (10th Cir., August 23, 2016) (affirming dismissal of Panicker's discrimination and hostile work environment claims for failure to obtain service (on individual defendants) and for expiration of the applicable statute of limitations (on the city))

Workers Compensation/Occupational Safety & Disease

*Jazvin v. Colvin (10th Cir., August 24, 2016) (affirming denial of disability benefits and supplemental security income)

*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.

Advanced Employment Law: What You Need to Know


On Tuesday, December 6th, D. Scott Crook will be a presenter in a two-day Continuing Education event hosted by the National Business Institute entitled Advanced Employment Law:  What You Need to Know.  Mr. Crook will be instructing on important topics for lawyers and human resource professionals: LGBT/Sexual Orientation Discrimination: Navigating the Changing Legal Landscape, and FMLA Complications:  Intermittent Leave, Termination, and More. To gain further information and to register for the event, please visit Advanced Employment Law:  What You Need to Know.

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)

Saturday, July 9, 2016

Cases --- July 3rd through 9th

No Cases

Cases --- June 26th through July 2nd

Workers Compensation/Occupational Safety and Disease 

*Lykins v. Colvin (10th Cir., July 1, 2016) (affirming denial of benefits because of continuing ability to function in various jobs)


*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.

Monday, July 4, 2016

Cases --- June 5th through 11th

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 Exxon Mobil as Jenkins-Dyer was not a named beneficiary)

Miscellaneous

*Mahalaxmi Amba Jewelers v. Johnson (10th Cir.,
June 10, 2016) (affirming Immigration Services refusal to classify owner as a multinational executive or manager over Karats, Inc. (U.S. employer), because of foreign employer Mahalaxmi's failure to establish that Mahalaxmi and Karats are "affiliates")


*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.

Wednesday, June 1, 2016

Cases --- May 22nd through 28th

Contract/Noncompete/Trade Secret/Wrongful Termination


ERISA and Employee Pension Plans

*Romstad v. City of Colorado Springs (10th Cir., May 24, 2016) (affirming dismissal of plaintiffs' breach of contract claim (they did not allege a contract) as well as their due process claim (they did not allege a constitutionally protected right to continue participating in the pension plan at issue)

Workers' Compensation/Occupational Safety and Disease


Adair v. City of Muskogee (10th Cir., May 26, 2016) (affirming summary judgment in favor of Muskogee because Adair could not demonstrate physical qualification as a firefighter, nor that the medical evaluation was illegal, nor that the city's reason for his termination was pretextual)

*Benavidez v. Colvin (10th Cir., May 26, 2016) (reversing denial of disability benefits because the administrative law judge improperly ignored a relevant medical opinion without justification)

Workplace Violence/Weapons

*Kerkhoff v. West Valley City District Court (10th Cir., May 23, 2016) (affirming dismissal for failure to state a claim because Kerkhoff failed to challenge some of the district court’s rationales for the order of dismissal)



*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.

Tuesday, May 24, 2016

Cases --- May 15th through 21st

Contract/Noncompete/Trade Secret/Wrongful Termination

*Kuri v. Matrix Center (10th Cir., May 18, 2016) (affirming dismissal of Kuri's wrongful termination claim (for termination as a result of alleged methadone theft) for lack of federal jurisdiction)

*Freres v. Xyngular (10th Cir., May 18, 2016) (affirming denial of Xyngular's objecting to Freres' motion for attorney's fees following her prevailing at trial on termination as breach of contract)

Discrimination/Retaliation 

Equal Employment Opportunity Commission v. PJ Utah, LLC (10th Cir., May 18, 2016) (reversing denial of Bonn’s motion to intervene because the relevant statute afforded the court no discretion in the matter. And dismissing Bonn's appeal from court ordered arbitration for lack of appellate jurisdiction)

*Craine v. National Science Foundation and Kansas State University (10th Cir., May 19, 2016) (remanding [implicitly reversing] Foundation rejection of Craine's claim that his termination by the University was retaliation; the court reprimanded the Foundation for its failure to provide any analysis for its decision)

Workers Compensation/Occupational Safety and Disease

Injured Workers Association of Utah, et al., v. State of Utah (Utah, May 18,2016) (declaring unconstitutional the Labor Commission's sliding fee schedule for attorneys representing injured workers because the Utah Constitution explicitly grants exclusive authority to govern the practice of law to the state supreme court, which "undoubtedly" covers the regulationof attorney fees)

*Jones v. Colvin (10th Cir., May 20, 2016) (affirming denial of disability based upon Jones's failure to show inconsistent or insufficient evidence against the determination)

*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.