Justia U.S. 10th Circuit Court of Appeals Opinion Summaries

Articles Posted in Civil Procedure
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The issue this case presented for the Tenth Circuit's review centered on whether a father's adopted child could qualify as his "legitimate" child for the purposes of section 1010(b)(1)(C) of the Immigration and Nationality Act when the child was not his biological child. Mr. Schreiber and his wife were U.S. citizens living in Kansas. In 2012, Mrs. Schreiber's niece moved from her native South Korea to Kansas to live with the Schriebers and attend high school. In 2014, the Schreibers adopted the niece under Kansas law with the consent of the child's parents. Kansas issued the child a new birth certificate listing the Schreibers as her parents. In 2015, Mr. Schreiber filed a petition to have his adopted child classified as his "child" for the purposes of the Act. The Board of Immigration Appeals determined legitimization only applied to a parent's biological children. The Tenth Circuit concluded the BIA correctly interpreted the Act's plain meaning, and thus, did not err in ruling that a parent's non-biological child could not be his "legitimized" child within the meaning of the Act. Furthermore, the Court concluded the district court properly declined to review Mr. Schreiber's "late-blooming" gender-discrimination challenge to the BIA's final agency action. View "Schreiber v. Cuccinelli" on Justia Law

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CEW Properties, Inc. was a firearms dealer licensed by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”). In 2017, the ATF conducted a compliance inspection of CEW. Inspectors found that CEW had failed to: (1) record properly the acquisition and disposition of firearms; (2) conduct background checks on transferees; and (3) complete correctly the ATF form that documents the transfer of a firearm. The inspection discovered hundreds of violations. ATF therefore issued a notice to revoke CEW’s license. CEW requested a hearing, stipulating to the violations but arguing they were not “willful.” Following the hearing, ATF issued a final notice of revocation. CEW sought judicial review in district court. The court found the violations to be willful and granted summary judgment for ATF. CEW contested the district court’s finding that its violations of the Gun Control Act were “willful.” Because there was no genuine dispute the evidence was sufficient for ATF to conclude that CEW willfully violated firearms regulations, the Tenth Circuit Court of Appeals affirmed. View "CEW Properties v. U.S. Department of Justice" on Justia Law

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Plaintiff-appellant Terri Baker appealed the dismissal of this putative class action for lack of standing. She sued on behalf of herself and her son, S.F.B., to challenge Kansas laws and school district policies that: (1) required children to be vaccinated to attend school and participate in child care programs; and (2) provided a religious exemption from these requirements. She claimed these immunization laws and policies violated various federal and state constitutional provisions and statutes. Baker argued she and S.F.B. had standing because the immunization requirements and religious exemptions injured them in two ways: (1) the District misapplied Kansas law when it granted a religious exemption for S.F.B. to attend preschool despite being unvaccinated - her fear that the District would revoke S.F.B.'s religious exemption was an injury in fact that established standing; and (2) Baker "would like the option" of placing S.F.B. in a non-accredited private school (i.e., home school), school programs, or licensed child care - she contended Kansas law inhibited her from exercising these options and caused an injury in fact because she would be unable to secure a religious exemption for S.F.B. if she tried. Finding no reversible error in the district court's dismissal, the Tenth Circuit affirmed. View "Baker v. USD 229 Blue Valley" on Justia Law

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Defendants Garrett Reed, Reilly Reed, Element Services, LLC, Jhenna Reed, Reedesign Concepts, and Robert Kubistek appealed a district court order remanding this case from federal district court to Colorado state court due to lack of subject matter jurisdiction. Plaintiff Elite Oil Field Enterprises, Inc. (Elite) moved to dismiss the appeal for lack of appellate jurisdiction. Plaintiff Elite was a Colorado corporation formed in March 2012 to provide roustabout services for the oil field industry. Immediately after its formation, Elite formed two subsidiaries: Elite Oil Field Services, Inc. and Elite Oil Field Equipment, Inc. At some point after the formation, Reilly Reed (Reilly) became upset that he only had a 25% ownership interest in Elite and believed that he was entitled to a 50% share. Reilly and his brother Garrett Reed (Garrett), allegedly devised a scheme for Reilly to form, surreptitiously, a competing company known as Element Services, LLC (Element), and for Element to improperly lure away Elite’s customers and employees with the intent of economically harming Elite and rendering Elite unable to continue its operations. As part of the scheme, Reilly filed a civil lawsuit in Colorado federal district court against Elite, its two subsidiaries, his former business partner Dustin Tixier, and business manager Jason Whisenand, alleging in pertinent part, Elite's corporate documents were altered such that Reilly owned only 25% of the total outstanding corporate stock rather than the originally agreed upon 50%. Plaintiffs moved to transfer and consolidate the multiple civil suits and counterclaims to Colorado state court. The Tenth Circuit determined it lacked subject matter jurisdiction over the appeal, thereby granting Elite's motion to dismiss this appeal. View "Elite Oil Field Enterprises v. Reed" on Justia Law

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The Appellants objected to the IRS’s attempts to collect and audit information about their marijuana-related business practices, arguing: (1) the IRS investigation was quasi-criminal, exceeded the Agency’s authority, and was being conducted for an illegitimate purpose; (2) even if the investigation had a legitimate purpose, the information sought was irrelevant; and (3) the investigation was in bad faith and constituted an abuse of process because (a) the IRS may share the information collected with federal law enforcement agents, (b) the IRS summonses are overly broad and require the creation of new reports, (c) the dispensaries had a reasonable expectation of privacy in the data they tender to state regulatory authorities, and (d) those state authorities could not provide the requested information without violating Colorado law. The Appellants further contended the district court applied the wrong standard of review when it denied motions to quash and granted motions to enforce the summonses. Relying on the reasoning outlined in Standing Akimbo, LLC v. United States, 955 F.3d 1146, 1150–69 (10th Cir. 2020), the Tenth Circuit rejected Appellants' arguments and affirmed the district court's rulings in favor of the IRS. View "Speidell v. United States" on Justia Law

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Delsa Brooke Sanderson brought three claims against her employer, Wyoming Highway Patrol (“WHP”), under Title VII of the Civil Rights Act of 1964. Two of those claims were brought before the Tenth Circuit Court of Appeals for review: retaliation and hostile work environment based on sex. WHP moved for summary judgment on all claims. In ruling on WHP’s motion, the district court dismissed Sanderson’s retaliation claim without prejudice because Sanderson had failed to exhaust her administrative remedies. The district court then granted WHP’s motion for summary judgment on Sanderson’s hostile work environment claim, concluding that Sanderson had not carried her burden of showing discrimination that was “sufficiently severe or pervasive.” Further, the court affirmed a magistrate's decision excluding Sanderson's designated expert witness, finding the witness' testimony was neither reliable nor relevant. Sanderson appealed both of those rulings, and the district court's order excluding her expert witness. After review, the Tenth Circuit affirmed dismissal of the retaliation claim and the order excluding Sanderson's designated expert witness. The Court reversed summary judgment as to the hostile work environment claim, and remanded for further proceedings. View "Sanderson v. Wyoming Highway Patrol" on Justia Law

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Plaintiff Kimberly Aubrey worked for the Weld County, Colorado, Clerk and Recorder’s office. She became unable to work for a time due to posterior reversible encephalopathy syndrome (“PRES”), a rare condition characterized by fluctuating blood pressure that causes swelling in the brain, coma and sometimes death. Eventually Aubrey’s PRES resolved and she began to recover. The County allowed her to take several months off but eventually terminated her employment. By that time, Aubrey contended, she recovered sufficiently to be able to return to her job, with reasonable accommodation for her disability. Aubrey sued the County under the Americans with Disabilities Act (“ADA”), and several related statutes. The district court granted the County summary judgment on all claims. The Tenth Circuit reversed in part, finding Aubrey presented sufficient evidence that a jury could have found the County failed to engage in the collaborative interactive process that the ADA called for between an employer and an employee in order to determine whether there was a reasonable accommodation that would have permitted Aubrey to perform the essential functions of her job. In light of that evidence, Aubrey’s failure-to-accommodate and disability discrimination claims were sufficient to survive summary judgment. Summary judgment for the County was affirmed on Aubrey’s retaliation claims because she failed to present sufficient evidence for a reasonable jury to find that the County terminated her employment in retaliation for her asking for an accommodation. View "Aubrey v. Koppes" on Justia Law

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Plaintiff-appellant Dana Fedor appealed a district court’s order compelling her to arbitrate employment-related claims she brought against her former employer, UnitedHealthcare, Inc. (UHC), and United Healthcare Services, Inc. Fedor argued the district court impermissibly compelled arbitration before first finding that she and UHC had indeed formed the arbitration agreement underlying the district court’s decision. To this, the Tenth Circuit agreed, concluding that the issue of whether an arbitration agreement was formed in the first instance had to be determined by the court, even where there has been a failure to specifically challenge provisions within the agreement delegating certain decisions to an arbitrator. Judgment was vacated and the matter remanded for further proceedings. View "Fedor v. United Healthcare" on Justia Law

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The class’s version of events painted the Hutchenses as cunning con artists who "puppeteered" a advance-fee loan scam from afar. Defendants Sandy Hutchens, Tanya Hutchens, and Jennifer Hutchens, a three-member family who purportedly orchestrated a loan scam, challenged a district court’s rulings to avoid paying all or part of the judgment against them brought pursuant to a class action suit. The Tenth Circuit concluded almost all of those challenges failed, including their challenges to the jury’s verdict, class certification, proximate causation, and the application of the equitable unclean hands defense. However, the Court agreed with the Hutchenses’ position on the district court’s imposition of a constructive trust on some real property allegedly bought with the swindled fees. The Court therefore affirmed in part, reversed in part, and remanded to the district court for entry of a revised judgment. View "CGC Holding Company v. Hutchens" on Justia Law

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In September 2018, petitioner Larry Baca was removed from his position in the Directorate of Public Works at the U.S. Army White Sands Missile Range, New Mexico. Baca sought review of this decision by the Merit Systems Protection Board (MSPB), asserting three affirmative defenses to his removal. The MSPB rejected all of Baca’s defenses and affirmed his removal. He appealed only the MSPB’s determination with respect to one of his affirmative defenses, that his firing was unlawful retaliation for whistleblowing in violation of the Whistleblower Protection Act (WPA). Finding no reversible error, the Tenth Circuit affirmed the MSPB's decision. View "Baca v. Department of Army" on Justia Law