Contract/Noncompete/Trade Secret/Wrongful Termination

Utah Supreme Court
  1. Salo v. Tyler (Utah, February 22, 2018) (affirming summary judgment in favor of University of Utah Hospital pharmacy employees on Salo's defamation and other claims: defendants acted within the scope of their employment: they were engaged in the type of work they were employed to perform and their actions were not willful)
  2. Zimmerman v. University of Utah (Utah, January 23, 2018) (notice of termination may be an adverse employment action (independent of actual termination) sufficient to trigger the running of the 180-day filing limitation)
  3. Hollenbach v. Salt Lake City Corporation (Utah, April 7, 2016) (reversing Civil Service Commission determination that it lacked jurisdiction over Hollenbach's termination appeal because filing applies upon mail cancellation)
  4. 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)
  5. Tomlinson v. NCR Corporation (Utah, November 25, 2014 ) (reversing Court of Appeals determination that NCR's corporate management policy manual established an implied-in-fact contract (rebutting Tomlinson's status as an at-will employee); no implied covenant where no contract exists)
  6. Nelson v. Orem City (Utah, August 19, 2013) (upholding termination of police officer for excessive use of force (cf. Nelson v. Orem City Dept. of Public Safety, below)
  7. Zions Management Services v. Jeffrey S. Record (Utah, June 25, 2013) (vacating lower court ruling enforcing mandatory arbitration clause)
  8. Cabaness v. Thomas (Utah April 23, 2010) (breach of implied contract, intentional infliction of emotional distress, and wrongful termination claim)
  9. Giusti v. Sterling Wentworth Co. (Utah Jan. 16, 2009) (breach of employment contract)
Utah Court of Appeals
  1. 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)
  2. Grimm v. DxNA LLC(Utah Ct. App., June 14, 2018) (affirming determination that Grimm had an enforceable employment agreement with DxNA)
  3. Beckman v. Cybertary Franchising (Utah Ct App, March 22, 2018) (reversing and remanding for new trial decision against Beckman on her wrongful termination claim and denial of her request for prejudgment interest, vacating award for attorney fees to Cybertary, and reversing fee award to other defendants)
  4. Lamont v. Riverton City Board of Appeals (Utah Ct. App., October 26, 2017) (declining to overturn Lamont's termination for his refusal to take an alcohol test: the Board properly relied on Lamont's insubordination as grounds to uphold termination, and Lamont received adequate notice of those grounds)
  5. Augustus v. Vernal City (Utah Ct. App., October 26, 2019) (declining to disturb the city's decision to uphold Augustus's termination:  the city's board did not violate Augustus's due process notice right)
  6. Burgess v. Department of Corrections (Utah Ct. App., October 5, 2017) (setting aside lower decision in support of termination:  termination was disproportionate to the offense and exceeded the bounds of reasonableness and rationality)
  7. Aiono v. Department of Corrections (Utah Ct. App., August 10, 2017) (setting aside the decision to terminate Aiono for violating policy governing contact with incarcerated relatives: the policy's plain language did not prohibit Aiono's contact nor specify a time frame for disclosure form submittal. An employee cannot be fired for conduct that is not explicitly prohibited)
  8. 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)
  9. Salt Lake City Corporation v. Thomas Gallegos (Utah Ct. App., June 3, 2016) (vacating the Commission's reversal of Gallegos' termination because the Commission applied the incorrect standard of review)
  10. Brenner v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming Workforce Appeals Board determination that Brenner had been discharged for just cause was supported by substantial evidence)
  11. Messick v. McKesson Corporation (10th Cir., February 17, 2016) (vacating district court order in light of procedural irregularity an incomplete record, and remanding to insurer for further administrative appeal)
  12. Anderson v. Larry H. Miller Communications (Utah Ct. App., May 29, 2015) (affirming summary judgment in favor of Larry H. Miller based upon the absence of a contract)
  13. Francis v. National DME (Utah Ct. App., May 7, 2015) (federal and state claims arising originally from a dispute over a covenant not to compete, ultimately reduced to claims or intentional interference with economic relations, breach of contract, and attorney's fees)
  14. Andersen v. Department of Corrections (Utah Ct. App., March 19, 2015) (affirming summary judgment in favor of the DOC upon Plaintiffs' contract claims regarding pay incentives for transportation-unit correctional officers)
  15. Velez v. DeBry & Associates (Utah Ct. App., January 23, 2015) (affirming the lower court's finding that res judicata barred Velez from litigating his claim in district court because he failed to bring it up in arbitration)
  16. Giles v. Mineral Resources International, Inc. (Utah Ct. App., October 30, 2014) (breach of fiduciary duty based upon covenant not to compete)
  17. Nelson v. Target Corporation (Utah Ct. App., August 28, 2014) (upholding summary judgment dismissing plaintiff's claims against Target: plaintiff was properly terminated for taking a customer's wallet)
  18. Fowler v. Teynor (Utah Ct. App., March 20, 2014) (affirming termination over plaintiff's issue preclusion claims)
  19. Uintah County v. Department of Workforce Services (Utah Ct. App., February 21, 2014) (upholding Board determination that the County did not have just cause for employee's termination)
  20. Cardon v. Jean Brown Research (February 13, 2014) (dismissing fraud claim and affirming summary judgement against unjust enrichment claim)
  21. Giles v. Mineral Resources International, Inc. (February 13, 2014) (noncompetition agreement)
  22. Perez v. South Jordan City (Utah Ct. App., February 6, 2014) (affirming city appeal board's affirmation of police officer's termination)
  23. A&B Mechanical Contractors and Workers Compensation Fund v. Labor Commission and Scott Driscoll (Utah Ct. App., September 19, 2013) (interpretation of disability agreement)
  24. Howick v. Salt Lake CityCorp. (Utah Ct. App., September 6, 2013) (waiveability of merit employee status) (see also Howick v. Salt Lake City Employee Appeals Board (Utah Ct. App. Nov. 19, 2009) (appeal of city decision regarding jurisdiction to hear appeal))
  25. Stepsaver, Inc., v. Dept. of Workforce Services (Utah Ct. App., August 22, 2013) (overturning board ruling that termination was improperly based on hearsay evidence: evidence was not adduced to prove the truth of complaints, merely the complaints' existence)
  26. Tomlinson v. NCR Corporation (Utah Ct. App., January 31, 2013) (employment manual could have created an implied contract subject to the covenant of Good Faith)
  27. Anderson v. Larry H. Miller Communications Corp. (Utah Ct. App., July 19, 2012) (termination of oral contract; question of reasonable reliance)
  28. Nelson v. Orem City Dept. of Public Safety (Utah Ct. App., May 17, 2012) (upholding the OCPD's termination of the petitioner for excessive use of force)
  29. Blauer v. Career Service Review Board (Utah Ct. App., April 19, 2012) (upholding board's determinations regarding jurisdiction, job parameters, and reassignment as reprimand)
  30. CDC Restoration & Construction, LC v. Tradesmen Contractors, LLC (Utah Ct. App., Feb. 24, 2012) (analysis of trade secret determinations)
  31. Hicks v. UBS Financial Services, Inc. (Utah Ct. App. Feb. 4, 2010) (breach of arbitration agreement entered as a condition of employment)
  32. Young Living Essential Oils, LC v. Marin (Utah Ct. App. Sept. 24, 2009) (breach of employment contract)
United States Supreme Court
  1. Water Splash, Inc. v. Menon (U.S. Supreme Court, May 22, 2017) (vacating and remanding judgment in favor of Menon:  The Hague Service Convention does not prohibit service of process by mail, which is permissible if the receiving state has not objected to such service and it is authorized under otherwise-applicable law)
  2. Rent-A-Center, West, Inc. v. Jackson (U.S. June 21, 2010) (employment arbitration agreement)
  3. Mac's Shell Service, Inc., v. Shell Oil Products Co. LLC (U.S., March 2, 2010) (franchise renewal and termination vis-a-vis the Petroleum Marketing Practices Act)
Tenth Circuit Court of Appeals
  1. DTC Energy Group, Inc., v. Hirschfeld (10th Cir., December 28, 2018) (affirming denial of DTC's motion for preliminary injunction for, inter alia, breach of contract and misappropriation of trade secrets: DTC could not show that Hirschfeld's ongoing solicitation of DTC clients violated his employment agreement)
  2. 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)
  3. Jones v. Office of Administrative Hearings (10th Cir., December 11, 2018) (affirming dismissal of Jones's equal protection and due process claims after she was fired after failing a drug test)
  4. Arbogast v. State of Kansas (10th Cir., October 10, 2018) (affirming 12(b)(6) dismissal based on Arbogast's failure to satisfy the Rehabilitation Act's statute of limitations)
  5. First American Title Insurance Company v. Northwest Title Insurance Agency (10th Cir., October 9, 2018) (affirming jury award against former employees who left to form a competing company, encouraging others to join them)
  6. Johns Manville Corporation v. Knauf Insulation, LLC (10th Cir., September 5, 2018) (affirming denial of Manville's motion for a new trial on its trade secrets claim---lengthy procedural discussion)
  7. Nolan-Bey v. Wickham Glass, Inc. (10th Cir., March 15, 2018) (affirming dismissal of Nolan-Bey's frivolous failure-to-train and termination claims)
  8. Pliuskaitis v. USA Swimming (10th Cir., January 2, 2018) (affirming dismissal of Pliuskaitis’s damages claims for lack of subject matter jurisdiction: he failed to challenge the arbitrator's denial of damages)
  9. 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)
  10. 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)
  11. 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.)
  12. Williams v. RGA Home Health Services, Inc. (10th Cir., October 27, 2017) (affirming damages calculation of $85,900:  RGA admitted the contract and failed to properly demand a jury trial on the damages)
  13. Ellison v. Roosevelt County Board of County Commissioners (10th Cir., July 12, 2017) (affirming magistrate's 12(b)(6) dismissal of Ellison's claim he was fired for arresting his supervisor's friend, reporting misconduct, and refusing to cover up wrongdoing:  his complaint failed to state a plausible claim for relief)
  14. Puckett v. US Dept. of Agriculture (10th Cir., July 10, 2017) (affirming summary judgment in defendant's favor:  Puckett failed to demonstrate that her termination was arbitrary and capricious or that the reason for it was lacking in substantial evidence)
  15. Bahnmaier v. Northern Utah Healthcare Corporation (Utah Ct. App., June 29, 2017) (affirming summary judgment in favor of Northern Utah: the hospital's substance abuse policy is not an implied contract requiring reasonable suspicion of intoxication before drug testing)
  16. Winger v. Meade District Hospital (10th Cir., June 27, 2017) (affirming summary judgment in favor of the hospital on Winger's due process claim)
  17. Blough v. Rural Electric Coop, Inc. (10th Cir., May 23, 2017) (affirming grant of Rural Electric's motion to dismiss Blough's claim for wrongful termination because Blough failed to plausibly statea claim for relief)
  18. Washington v. Unified Government of Wyandotte County (10th Cir., February 6, 2017) (affirming summary judgement in favor of the County because the County's random drug test violated neither the Fourth Amendment nor any other constitutional or statutory right)
  19. Branham v. Delta Airlines (10th Cir., February 3, 2017) (affirming summary judgement in favor of Delta Airlines because there was no violation of the FMLA, under which Branham had brought suit in the first place)
  20. Armstrong v. Wyoming Dept of Environmental Quality (10th Cir., January 5, 2017) (affirming dismissal of Armstrong's numerous claims---including defamation based on wrongful termination, among other things---because Armstrong failed to identify any basis for reversal)
  21. Vogt v. City of Hays (10th Cir., January 4, 2017) (reversing dismissal of Vogt's 5th-Amendment compelled self-incrimination claim against Hays)
  22. Coleman v. Utah State Charter School Board (10th Cir., December 16, 2016) (affirming summary judgment in favor of the Board because its members were entitled to qualified immunity)
  23. Acha v. Dept. of Agriculture (10th Cir., November 14, 2016) (vacating MeritSystems Protection Board decision:  the MSPB lacked jurisdiction to consider whether Acha had been terminated for disclosure of Federal Acquisition Regulation violation)
  24. Retiree, Inc. v. Anspach (10th Cir., August 17, 2016) (affirming damages on Anspach's breach of confidentiality agreement, but reversing as to improper disclosure. Additionally, in a nondisclosure agreement (rather than a noncompete covenant), an indefinite term is permissible.)
  25. Williams v. McKee (10th Cir., July 20, 2016) (affirming dismissal of Williams' ss 1983 claims for termination in violation of due process because his complaint failed to state any constitutional violation, and refusal to exercise jurisdiction of Williams' state-law retaliation claim)
  26. 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)
  27. 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)
  28. Kontgis v. Salt Lake City Corporation (10th Cir., April 18, 2016) (affirming summary judgment in favor of SLC Corp. on Kontgis's wrongful termination claim because she had had the due process for which the law provided)
  29. Brooks v. Board of Education (10th Cir., June 16, 2015) (reversing summary judgement based upon the incorrect conclusion that noncertified, one-year contract employees are not terminated because their contracts are not renewed)
  30. Pre-Paid Legal Services, Inc,, v. Cahill (10th Cir., May 26, 2015) (affirming lower court's lifting stay pending arbitration and resuming litigation because defendant failed to defray his share of the arbitration costs)
  31. Bremer v. Association of Flight Attendants (10th Cir., April 13, 2015) (upholding dismissal of Bremer's complaint because of its legal insufficiency)
  32. David v. Sirius Computer Solutions, Inc. (10th Cir., March 10, 2015) (remanding for award of prejudgment interest on negligent misrepresentation regarding Ms David's outside accounts) 
  33. Sumrall v. Merit Systems Protection Board (10th Cir., October 23, 2014) (affirming dismissal of ADA suit as untimely)
  34. Sanchez v. Nitro-Lift Technologies,  LLC (10th Cir., Aug. 8, 2014) (whether dispute related to overtime wages falls within arbitration clause of employment agreement)
  35. Wagner v. Bank ofAmerica Corp. (July 11, 2014) (employee claimed retaliatory discharge claimafter reporting violations of the Uniform Standards of Professional AppraisalPractice)
  36. TruGreen Cos., LLC v. Mower Brothers, Inc. (July 2, 2014) (breach of contract —attorney fees)
  37. Genberg v. Porter (10th Cir., May 12, 2014) (affirming lower court's dismissal of wrongful termination claims against various defendants and denial of summary judgement motion)
  38. Hogan v. Utah Telecommunication Open Infrastructure Agency (10th Cir., May 7, 2014) (wrongful discharge claim)
  39. Hanson v. Colorado Judicial Department (10th Cir., April 29, 2014) (affirming summary judgment denying plaintiff's wrongful termination claim)
  40. Ribeau v. Katt (10th Cir., June 11, 2012) (unsuccessful challenge to termination on due process grounds)
  41. Everplay Installation Inc. v. Huber (10th Cir., March 22, 2012) (failure to diligently pursue enforcement of Ontario arbitration award based on a noncompete agreement)
  42. Arnold Oil Properties LLC v. Schlumberger Technology Corporation (10th Cir., March 6, 2012) (affirming refusal to enforce contractual limitation of liability provision based on inequality of bargaining positions)
  43. Wallace v. Microsoft (10th Cir., January 4, 2012) (affirming district court denial of wrongful termination and outrage tort claims)
  44. Hoko v. Huish Detergents, Inc. (10th Cir., December 27, 2011) (affirming denial of Title VII claims)
  45. Trinity Mortgage v. Dryer (10th Cir., December 19, 2011) (claims of breach of contract, fraud, defamation, and conversion, all concerning his alleged wrongful termination)
  46. Boston Scientific Corp. v. Mabey (10th Cir. Oct. 31, 2011) (breach of non-competition agreement claim)
  47. McGuire v. American Family Mutual Insurance Co. (10th Cir. September 9, 2011) (breach of contract claims for termination of insurance agent contract)
  48. Brown v. Wal-Mart Stores, Inc. (10th Cir. July 25, 2011) (wrongful termination claim)
  49. Clearone Communications, Inc. v. Bowers (10th Cir. June 27, 2011) (misappropriation of trade secrets and breach of contract claims)
  50. Tyler v. Tsurumi (America), Inc. (10th Cir. June 7, 2011) (breach of employment contract claim)
  51. Rosenzweig v. Johns Mansville (10th Cir. April 25, 2011) (breach of employment contract claim)
  52. Geras v. International Business Machines Corp. (10th Cir. April 18, 2011) (breach of employment contract claims)
  53. Farm Bureau Life Insurance Co. v. American National Insurance Co. (10th Cir. Jan. 26, 2011) (claim of trade secrets violations, inducement of breaches of fiduciary duties, civil conspiracy, and tortious interference with prospective economic relations arising out of employee defection)
  54. Carroll v. Los Alamos National Security, LLC (10th Cir. Jan. 19, 2011) (negligent misrepresentation claims regarding statements made by employer regarding benefits)
  55. Matthews v. Labarge, Inc. (10th Cir. Jan. 7, 2011) (wrongful termination, fraudulent hiring, and deceitful hiring claims)
  56. Kepas v. eBay (10th Circuit Nov. 2, 2010) (enforceability of arbitration agreement)
  57. Defranco v. Storage Technology Corp. (10th Cir. Oct. 20, 2010) (breach of employment contract and wrongful termination claim)
  58. McKissick v. Yuen (10th Cir. Sept. 8, 2010) (interpretation of a separation agreement)
  59. Flood v. ClearOne Communications, Inc. (10th Cir. August 30, 2010) (whether employer was obliged to indemnify CEO in criminal case brought against her)
  60. Williams v. Solvay Chemicals Inc. (10th Cir. July 7, 2010) (breach of contract claim for wrongful termination)
  61. Abbott v. BNSF Railway Company (10th Cir. June 15, 2010) (retaliation in violation of public policy and breach of contract claims)
  62. McBride v. Market Street Mortgage (10th Cir. June 2, 2010) (breach of employment agreement)
  63. Wallace v. Microsoft Corp., (10th Cir. Feb. 18, 2010) (breach of contract case)
  64. O'Toole v. Northrup Grumman Corp. (10th Cir. Feb. 5, 2010) (breach of employment contract case)   
  65. Legacy Trading Co., Ltd. v. Hoffman (10th Cir. Jan. 29, 2010) (arbitration agreement related to unpaid commissions)
  66. Conrad v. Phone Directories Co. (10th Cir. Nov. 10, 2009) (arbitration provision in employment agreement)
  67. Kenney v. Facilities Performance Group (10th Cir. Sept. 30, 2009) (wrongful termination)
  68. Southwest Stainless, L.P. v. Sappington (10th Cir. Sept. 21, 2009) (breach of covenant not to compete)
  69. Cory v. Allstate Insurance (10th Cir. Sept. 9, 2009) (breach of independent agency agreement and defamation claims)
  70. Hertz v. Luzenac Group (10th Cir. Aug. 11, 2009) (appropriation of trade secrets)
  71. Turner v. A. Passmore & Sons Inc. (10th Cir. Aug. 4, 2009) (unjust enrichment claim for failure to pay bonus on at-will contract)
  72. Boone v. MVM, Inc. (10th Cir. July 9, 2009) (wrongful termination claim)
  73. Puls v. Landmark Community Newspapers, Inc. (10th Cir. July 7, 2009) (breach of employee severance agreement case)
  74. Creative Consumer Concepts, Inc. v. Kreisler (10th Cir. April 21, 2009) (breach of severance agreement)

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