Salt Lake City, UT
Employment and labor Lawyer at Salt Lake City, UT
Practice Areas: Employment & Labor, Intellectual Property ... +2 more
OUTCOME: Summary Judgment in favor of Energy Soluntions, Inc.
Plaintiff sued EnergySolutions claiming that his employment was terminated as a result of purpoted whistleblowing activities related to a remediation project in Paducah, Kentucky.
OUTCOME: In favor of USSSA
The United States District Court for the District of Utah certified three questions to the Utah Supreme Court:(1) Does an insurer have a right to reimbursement or restitution against an insured? (2) If ... an insurer does have a right to reimbursement or restitution against an insured, are there any prerequisites to receiving such a right? (3) And finally, if such a right exists, does an insurer’s payment in excess of a policy’s limit impact any such right? The Utah Supreme Court concluded that an insurer may obtain the right to reimbursement from its insured only when the right is expressly provided in their insurance agreement, and therefore the other two questions were moot. I represented USSSA in successfully arguing that the insurer, USF&G, could not seek reimbursement from USSSA because there was no reimbursement provision in their insurance agreement.
OUTCOME: Summary Judgment in Favor of MTC; affirmed on appeal.
Plaintitff sued Management and Training Corp. ("MTC") alleging race and national origin discrimination. After the completion of discovery, MTC moved for summary judgment, which was unopposed by Plainti ... ff. The trial court granted summary judgment in favor of MTC and the trial courts ruling was affirmed on appeal to the Tenth Circuit Court of Appeals.
OUTCOME: Remand to State Court
Defendants removed the matter from state to federal court. Plaintiffs successfully remanded the matter to state court based on defendants' failure to follow the "rule of unanimity," which requires all ... defendants to consent to removal.
OUTCOME: Motions to Dismiss Granted
Employees brought age discrimination claims under the ADEA against Dollar Tree Stores, Inc. ("DTS"), and a number of Dollar Tree employees. DTS moved to dismiss the claims against the individuals becau ... se the ADEA does not provide for claims against individuals. DST also moved to dismiss the claims against DST based on the plaintiffs filing mistakes with the EEOC and the court. The court granted the motions to dismiss on all counts.
OUTCOME: Ruling in favor of Farley Anderson
The Utah Supreme Court ruled in favor of Farley Anderson based on his argument that electronic signatures or e-signatures are valid for purposes of an independent candidate's petition to be nominating ... as a candidate for a statewide election. Per the ACLU's press release: "The Utah Supreme Court today issued an opinion validating the use of e-signatures in the electoral process. The Court’s opinion, the first of its kind nationwide, has the potential to increase significantly the ability of independent candidates to access the general election ballot, and thus to increase the opportunity for minority viewpoints to be heard and considered in election years." Mr. Anderson is an independent gubernatorial candidate who candidacy petition was denied because some of the 1,000+ signatures he collected in support of his candidacy were electronic. The case was heard in the first instance in the Utah Supreme Court on a writ for extraordinary relief. The Utah Supreme Court agreed with Mr. Anderson and instructed Utah's Lieutenant Governor to count the electronic signatures Mr. Anderson collected.
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