United States Tenth Circuit

In an action for breach of implied contract and defamation based on false statements allegedly made by plaintiff's former employer on an NASD Form U5 regarding plaintiff's termination, summary judgment for defendant is affirmed where: 1) defendant's statements on the form were substantially true; and 2) plaintiff could not have reasonably expected that, after defendant began investigating plaintiff for forgery, defendant limited its right to terminate his employment through the nonspecific statements of two employees that "nothing bad would happen."

Appellate Information

• Decided 09/09/2009
• Published 09/09/2009

Judges

• TACHA, Circuit Judge., Before TACHA, TYMKOVICH, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Timothy L. White, Valdez and White Law Firm, Albuquerque, NM, appearing for Appellant.


• For Appellees:
  
• M. Scott Barnard (John V. Jansonius and Patrick G. O'Brien, with him on the brief), Akin Gump Strauss Hauer & Feld LLP, Dallas, TX, appearing for Appellees.