Miscellaneous

Utah Supreme Court
  1. In re Discipline of LaJeunesse (Utah, February 16, 2018) (affirming dismissal of professional conduct charge---8.4(d) "conduct prejudicial to the administration of justice"---against LaJeunesse, the presiding ALJ for the Labor Commission:  a lawyer's conduct is not  prejudicial to the administration of justice because he adopts, mistakenly but in good faith, an interpretation of law governing his exercise of quasi-judicial authority)
  2. Crane-Jenkins v. Mikarose, LLC (Utah, April 7, 2016) (reversing award of attorneys fees under federal Fair Labor Standards Act, 29 USC Chap. 8)
  3. Strohm v. Clear One Communications, Inc. (Utah, April 9, 2013) (lengthy opinion regarding indemnification of former CFO)
  4. In re Inquiry of the Honorable Kevin Christensen (Utah, May 21, 2013) (justice court judge employed by four municipalities censured for accepting too large a salary)
  5. Torian v. Craig (Utah, September 28, 2012) (a claim of individual injury that allows him to move forward directly rather than derivatively, not foreclosed by the dissenters' rights statute)
  6. Archuleta v. St. Mark's Hospital (Utah May 14, 2010) (claim against hospital for negligently credentialing a doctor)
Utah Court of Appeals
  1. Frugal Flamingo v. Farm Bureau Ins. (Utah Ct App., March 22, 2018) (affirming denial of motion to amend: Flamingo could not establish necessary elements to apply the relation-back doctrine)
  2. Kuhni & Sons v. Labor Commission (Utah Ct. App., January 5, 2018) (reversing Commission ruling that Kuhni's contesting safety regulation citation: the citation was sent by FedEx, but the statute requires "certified mail," which the Court interprets as certified mail through the US Postal Service---the citation was therefore improperly served)
  3. Aura Spa & Boutique v. Department of Workforce Services (Utah Ct. App., August 17, 2017) (declining to disturb Workforce Appeals Board conclusion that Aura's workers are employees rather than independent contractors: Aura could not show independent establishment)
  4. Edwards v. Carey (Utah Ct. App., May 4, 2017) (affirming denial of motion to arbitrate: Edwards' claims did not implicate the parties' employment agreements)
  5. Marcroft v. Labor Commission (Utah Ct. App., July 16, 2015) (upholding Board order without reaching the merits because Marcroft failed to preserve his challenge)
  6. Weber v. Mikarose, LLC (Utah Ct. App., May 21, 2015) (upholding $38,000 award of attorneys' fees on $2000 claim under the FLSA)
  7. Sutton v. Miles (Utah Ct. App., Aug. 14, 2014) (agent vs. employee issue)
  8. Wachocki v. Luna (Utah Ct. App., June 19, 2014) (observing that the question remains open as to whether every "mere employee" owes a duty of loyalty not to compete with their employer) 
  9. Rayner v. Rayner (Utah Ct. App., November 15, 2013) (analysis of "voluntary underemployment")
  10. Koerber v. Mismash (Utah Ct. App., November 7, 2013) (tenants attempt to connect allegations against landlord's employer, Robert DeBry, held too vague and dismissed)
  11. Orem City v. Santos (Utah Ct. App., June 20, 2013) (applying the Walther test to find that private employees were not acting as government agents in detaining and searching shoplifter)
  12. Employers' Reinsurance Fund v. Labor Commission (Utah Ct. App., May 31, 2013) (dismissal for lack of jurisdiction over nonfinal agency action)
  13. Doyle v. Lehi City (Utah Ct. App.,  December 6, 2012) (analysis of the volunteers as opposed to employees)
  14. Bagley v. KSM Guitars, Inc. (Utah Ct. App., September 13, 2012) (denial of unpaid wage claim upheld because of the plaintiff's entire disregard for procedure)
  15. Alpine Orthopaedic Specialists, LLC v. Intermountain Healthcare, Inc. (Utah Ct. App., Feb. 2, 2012) (recruitment of contracted physician not intentional interference with economic relations)
  16. Sutton v. Byer Excavating, Inc. (Utah Ct. App., Feb. 2, 2012) (course and scope of employment, apparent authority, and respondeat superior)
  17. Johnson v. Johnson (Utah Ct. App., Jan. 26, 2012) (calculation of military retirement pension post divorce)
  18. Busche v Busche (Utah Ct. App., Jan. 20, 2012) (modification of alimony and support based on underemployment) 
  19. McNeil Engineering and Land Surveying, LLC, v. Dale K. Bennett (Utah Ct. App. Dec. 15, 2011) (interpretation of the meaning of "employment" vis-a-vis leased employees)
  20. Bellucci v. Labor Commission (Utah Ct. App. August 25, 2011) (timeliness of administrative appeal)
  21. Guss v. Cheryl, Inc. (Utah Ct. App. Sept. 10, 2010) (whether son of a home-business owner was an employee making business owner vicariously liable)
  22. Juricic v. Autozone, Inc. (Utah Ct. App. April 29, 2010) (claim that dress code requirements equated to uniform requirement)
  23. Chilton v. Young (Utah Ct. App. Sept. 17, 2009) (malpractice claim brought against attorneys prosecuting labor law violations)
United States Supreme Court
  1. Perez v. Mortgage Bankers Association (U.S. March 9, 2015) (holding the doctrine of Paralyzed Veterans of America v. DC Arena, L.P. (17 F.3d 579) imposes an improper burden on agency rulemaking)
  2. Burwell v. Hobby Lobby Stores, Inc. (U.S. June 30, 2014) (whether Religious Freedom Restoration Act protects employers)
  3. Sekhar v. United States (U.S., June 26, 2013) (defining "extortion" as opposed to "coercion" for purposes of the Hobbs Act as pertaining to the New York's employee pension plan)
  4. Mayo Foundation v. U.S. (U.S. Jan. 11, 2011) (definition of wages for withholding purposes)
  5. Mohawk Industries, Inc., v. Norman Carpenter (U.S., December 8, 2009) (disclosures adverse to attorney-client privilege do not qualify for immediate appeal)
Tenth Circuit Court of Appeals
  1. Xyngular v. Schenkel (10th Cir., May 15, 2018) (affirming imposition of sanctions for prelitigation conduct)
  2. Iglesia Pentecostal Casa de Dios para las Naciones, Inc. v. Duke (10th Cir., December 6, 2017) (affirming denial of visa for music director employee on Iglesia's violation of ReligiousFreedom Restoration Act claim) 
  3. Christensen v. Juab School District (Utah, August 11, 2017) (affirming partial summary judgment in favor of Christensen, a public employee, who was found not guilty of criminal misconduct: he was therefore entitled to reimbursement of attorney fees and costs)
  4. Star Insurance Company v. Federal Insurance Company (10th Cir., August 2, 2017) (affirming summary judgment ruling that worker was a loaned servant of one company rather than the employee of another)
  5. Racher v. Lusk (10th Cir., Dec. 30, 2016) (as the highest-ranking employee of the nursing home at issue, Lusk had sufficient contacts with Oklahoma to justify the exercise of personal jurisdiction)
  6. United States v. Gonzalez (10th Cir., Dec. 29, 2016) (affirming conviction and sentence of Gonzalez on his defrauding of unemployment agencies in three states by obtaining prepaid debit cards for unemployment benefits)
  7. Rusk v. University of Utah Healthcare Risk Management (Utah Ct. App., Dec. 22, 2016) (affirming Rule 12(b)(6) dismissal of tortious interference and medical malpractice claims, based upon Rusk's termination prior to being permitted to file FMLA forms)
  8. McCune v. U.S. Securities and Exchange Commission (10th Cir., December 6, 2016) (affirming the SEC's disciplinary suspension of McCune (resulting in his being 'permitted to resign' from his employment) because he failed to ‘observe high standards of commercial honor and just and equitable principles of trade’)
  9. Mojsilovic v. Board of Regents, University of Oklahoma (10th Cir., November 17, 2016) (affirming dismissal of claim under the Trafficking Victims Protection Reauthorization Act. The Mojsilovics claimed that an agent of the University of Oklahoma forced them to work by threatening their immigration status.  The district court, however, concluded the university was entitled to sovereign immunity)
  10. Wyles v. Sussman (10th Cir., September 13, 2016) (vacating dismissal of federal suit: the pending state-court action did not preclude the parallel federal-court action)
  11. Heartwood Home Health and Hospice v. Huber (Utah Ct. App., September 1, 2016) (dismissing motion for rule 11 sanctions  in a case involving claims of breach-of-confidentiality and -loyalty, intentional interference with contract, and the Fair-Labor-Standards Act)
  12. Brown v. Perez (10th Cir., August 29, 2016) (reversing summary judgment against plaintiffs---federal employees eligible for workers compensation---because genuine issues of critical fact existed)
  13. Mahalaxmi Amba Jewelers v. Johnson (10th Cir., June 10, 2016) (affirming Immigration Services refusal to classify owner as a multinational executive or manager over Karats, Inc. (U.S. employer), because of foreign employer Mahalaxmi's failure to establish that Mahalaxmi and Karats are "affiliates")
  14. McClaflin v. Burd (10th Cir.,November 27, 2015) (affirming district court summary judgment and dismissal ofMcClaflin’s claims in connection with her discharge because of her failure topresent on appeal any properly preserved argument)
  15. Peavy v. Labor Source, LLC (10thCir., October 27, 2015) (declining to decide whether Kansas law permits anemployer to condition payment of wages, because merely including an issue in alist is not adequate briefing)
  16. Little Sisters of the Poor v. Burwell (10th Cir., July 14, 2015) (Requiring religious NPOs to opt out of contraceptive coverage for employees does not substantially burden religious exercise under RFRA nor infringe 1st amendment rights) (see also Reaching Souls International and Southern Nazarene University (10th Cir., same date), below)
  17. Southern Nazarene University v. Burwell (10th Cir., July 14, 2015) (Requiring religious NPOs to opt out of contraceptive coverage for employees does not substantially burden religious exercise under RFRA nor infringe 1st amendment rights) (see also Reaching Souls International (10th Cir., same date))
  18. Reaching Souls International, Inc. v. Burwell (10th Cir., July 14, 2015) (Requiring religious NPOs to opt out of contraceptive coverage for employees does not substantially burden religious exercise under RFRA nor infringe 1st amendment rights)
  19. United States v. Kizzy Kalu (10th Cir., June 29, 2015) (affirming conviction and restitution award against Kalu for his outrageous abuse of foreign nationals enticed by the opportunity to work in the US)
  20. Collvins v. Hennebold (10th Cir., September 25, 2014) (affirming denial of motion to amend ss. 1983 complaint) 
  21. Velasquez v. Harman (10th Cir., January 9, 2014) (unripe claims in interlocutory appeal (travel reduction act) regarding employee-caused fatal car accident)
  22. CSG Workforce Partners, LLC v. Watson (10th Cir., March 7, 2013) (determining compliance by CSG of the overtime provisions of the Fair Labor Standards Act in the context of a subpoena proceeding)
  23. Rockefeller v. Chu, DOE (10th Cir., March 27, 2012) (affirming Rule 12(b)(6) dismissal of Title VI and the 1st, 5th, and 14th Amendments)
  24. Patillo v. Larned State Hospital (10th Cir., January 30, 2012) (upholding dismissal of employment discrimination and civil rights suit)
  25. Maestas v. Day & Zimmerman (10th Cir., January 4, 2012) (claim of improper classification of employees as exempt under the Fair Labor Standards Act)
  26. Mike v. Professional Clinical Laboratory, Inc. (10th Cir., December 9, 2011) (drug testing act creates a cause of action only by an employee against an employer)
  27. Carrera v. Tyson Foods, Inc. (10th Cir., December 1, 2011) (employer absolved of harassment liability if it takes reasonably preventative action)
  28. Bork v. Carroll (10th Cir., November 29, 2011) (federal courts have no jurisdiction over suits against the United States or its officers in their official capacities)
  29. Slocum v. Corporate Express US Inc. (10th Cir. Nov. 2, 2011) (claims of illegal surveilance, harassment, and discrimination)
  30. Sandoval v. Martinez-Barnish (10th Cir. Aug. 9, 2011) (claim of assault, battery, extreme and outrageous conduct, and intentional interference with contractual relations)
  31. In re Dittmar (10th Cir. Sept. 14, 2010) (question of whether stock appreciation rights were property of a bankruptcy estate)
  32. Clyma v. Sunoco, Inc. (10th Cir. Feb. 3, 2010) (request by Oklahoma Employment Lawyers Association to interview jurors in employment law case)
  33. Chamber of Commerce v. Edmondson (10th Cir. Feb. 2, 2010) (enforceability of Oklahoma Taxpayer and Citizen Protection Act regarding state statute regulating employer action with immigrants) 
  34. Four Corners Nephrology Associates, P.C. v. Mercury Medical Center (10th Cir. Sept. 29, 2009) (antitrust suit arising from hospital's exclusive contract with doctor for nephrology services)
  35. Grisby v. Boeing Company (10th Cir. April 9, 2009) (effective counsel on discrimination claim)

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