Cases --- July 10th through 16th

Contract/Noncompete/Trade Secret/Wrongful Termination

West 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 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)

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