Cases --- November 4th through 10th, 2018

Contract/Noncompete/Trade Secret/Wrongful Termination

Skolnick v. Exodus Healthcare Network, PLLC (Utah Ct. App., November 8, 2018) (affirming summary judgment in favor of Skolnick on her claim for breach of contract: Exodus’s obligation to pay Skolnick was not subject to any condition precedent)

Discrimination/Retaliation

*Ombe v. State of New Mexico (10th Cir., November 8, 2018) (affirming judgment against him on his numerous claims (for disability discrimination, age discrimination, and various civil rights violations) against numerous entities and state employees)

Potts v. Center for Excellence (10th Cir., November 6, 2018) (affirming dismissal of Potts's retaliation claim: the False Claims Act's anti-retaliation provision doesn't apply when the retaliatory act occurs after employment ends)

Mount Lemmon Fire District v. Guido (U.S., November 6, 2018) (affirming Ninth Circuit determination that "also means," in the definition of employer in ADEA § 630(b) establishes two separate categories: persons employing 20 or more people and states or political subdivisions, with no numerosity limitation)

Wages

Nesbitt v. FCNH, Inc. (10th Cir., November 9, 2018)
(affirming summary judgment in favor of defendants on Nesbitt's FLSA claim that massage-therapy students qualified as employees and should be paid minimum wage: students were not employees: it would be illegal to pay unlicensed students before they had completed their training)


*Cases marked with an asterisk are 10th Circuit cases the court declared not to be 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.