Tuesday, January 8, 2019

Cases --- December 16th through 22nd, 2018

Contract/Noncompete/Trade Secret/Wrongful Termination


*Hawg Tools, LLC, v. Newsco International (10th Cir., December 18, 2018) (affirming denial of motion to reopen claims for trade secret misappropriation of a trade secret; the district court correctly held it barred by claim preclusion)

Discrimination/Retaliation

*Medearis v. City of Tahlequah (10th Cir., December 21, 2018) (affirming summary judgment in favor of the City on Medearis's claim that the City interfered with his FMLA leave)

Miscellaneous

*Mitchell v. Lietaer (10th Cir., December 21, 2018) (affirming dismissal of action before the EEOC for lack of subject matter jurisdiction: Mitchell fails to allege any form of discrimination, or even to claim even that Lietaer was her employee)

Workers Compensation/Occupational Safety and Disease

Benson v. Utah Labor Commission (Utah Ct. App., December 20, 2018) (affirming denial of benefits under the Workers' Compensation Act:  substantial evidence supported the Commission decision; there was no abuse of discretion)

*Greene v. Logisticare Solutions, LLC (10th Cir., December 17, 2018) (affirming dismissal of Greene's ADA claim, barred by issue preclusion)

*The 10th Circuit has declared that these cases are not binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel.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.

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