Thursday, November 16, 2017

Cases --- November 5th through 11th (2017)

Contract/Noncompete/Trade Secret/Wrongful Termination

*Utter v. Amie Rose Colclazier (10th Cir., November 62017) (affirming dismissal of implied employment contract and FMLA retaliation claims, but reversing dismissal of breach of contract and First Amendment claims)

*Rael v. Smith's Food and Drug Centers, Inc. (10th Cir., November 7, 2017) (affirming dismissal of Rael's state law harassment and emotional distress claims as preempted by § 301 of the Labor Management Relations Act)

Discrimination/Retaliation

*Mitchell v. Kansas City, Kansas, School District (10th Cir., November 7, 2017) (affirming summary judgment in favor of the School District: Mitchell fails to argue plain error on his discrimination claim or pretext on his retaliation claim)


Hamer v. Neighborhood Housing Services of Chicago (U.S., November 8, 2017) (vacating and remanding a Seventh Circuit employment discrimination decision holding jurisdictional the time limits on extensions under Federal Rule of Appellate Procedure 4(a)(5)(C): time extensions are mandatory and jurisdictional if set by statute, but the rule 4(a) limitation, which is nonstatutory, is not jurisdictional)


*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.

Saturday, November 4, 2017

Cases --- October 29th through November 4th (2017)

Contract/Noncompete/Trade Secret/Wrongful Termination

First Western Capital Management Co. v. Malamed (10th Cir., October 30, 2017) (reversing grant of preliminary injunction:  First Western should have been required to demonstrate irreparable harm from alleged misappropriation of trade secrets;because it could not, the preliminary injunction was unwarranted.)


Discrimination/Retaliation


*Johnston v. Hunter Douglas Window Fashions, Inc. (10th Cir., November 2, 2017) (affirming dismissal of Johnston's age discrimination, retaliation, and disability discrimination under the ADA:  the amended complaint failed to allege facts sufficient to establish plausible claims)

Workers Compensation/Occupational Safety and Disease

*Harrold v. Berryhill (10th Cir., October 31, 2017) (reversing and remanding denial of disability benefits because the ALJ below failed to apply the appropriate legal standards in considering the evidence of mental impairments)


*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.