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

Monday, March 7, 2016

Cases --- March 6th through 12th

Discrimination/Retaliation

Talovic v. Department of Workforce Services (Utah Ct. App., March 10, 2016) (leaving undisturbed the Workforce Appeals Board's decision denying him unemployment benefits and assessing a fraud overpayment)

Unemployment Appeals

Winkler v. Department of Workforce Services (Utah Ct. App., March 10, 2016) (leaving undisturbed the Appeals Board's decision that Winkler was not entitled to benefits and requiring her to pay back benefits received, because she failed to show any impropriety in the Board's "considerable discretion")

Workers Compensation/Occupational Safety and Disease

Ernest Health v. Labor Commission (Utah Ct. App., March 10, 2016) (declining to disturb the Commission's determination awarding insured permanent-total-disability-compensation, because Ernest Health failed to satisfy its burden)

BNSF Railway Company v. US Department of Labor (10th Cir., March 7, 2016) (denying BNSF's petition for review as regards the Federal Railroad Safety Act violation and the finding supporting the punitive-damages award, but granting the petition regarding the amount and constitutionality of the punitive-damages award)

*Fernandez v. Colvin (10th Cir., March 7, 2016) (affirming denial of disability benefits based upon the medical and psychological reports)

*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