Articles Posted in Civil Procedure

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Cox Cable subscribers cannot access premium cable services unless they also rent a set-top box from Cox. A class of plaintiffs in Oklahoma City sued Cox under antitrust laws, alleging Cox had illegally tied cable services to set-top-box rentals in violation of section 1 of the Sherman Act, which prohibits illegal restraints of trade. Though a jury found that Plaintiffs had proved the necessary elements to establish a tying arrangement, the district court disagreed. In granting Cox’s Fed. R. Civ. P. 50(b) motion, the court determined that Plaintiffs had offered insufficient evidence for a jury to find that Cox’s tying arrangement "foreclosed a substantial volume of commerce in Oklahoma City to other sellers or potential sellers of set-top boxes in the market for set- top boxes." After careful consideration, the Tenth Circuit ultimately agreed with the district court and affirmed. View "Healy v. Cox Communications" on Justia Law

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This case presented a question of whether a large-scale excavation project constituted “mining” under the pertinent federal regulations that address mineral development on Indian land. When an entity engages in “mining” of minerals owned by the Osage Nation, a federally approved lease must be obtained from the tribe. The Osage Mineral Council (OMC), acting on behalf of the Osage Nation, appealed the award of summary judgment to Defendant Osage Wind, LLC (Osage Wind), arguing that Osage Wind engaged in “mining” without procuring a federally approved mineral lease. The Bureau of Indian Affairs (BIA) has defined “mining” as the “science, technique, and business of mineral development[.]” The Tenth Circuit held the term “mineral development” had a broad meaning, including commercial mineral extractions and offsite relocations, but also encompass action upon the extracted minerals for the purpose of exploiting the minerals themselves on site. The Court held Osage Wind’s extraction, sorting, crushing, and use of minerals as part of its excavation work constituted “mineral development,” thereby requiring a federally approved lease which Osage Wind failed to obtain. Accordingly, the Court reversed the award of summary judgment and remanded for further proceedings. View "United States v. Osage Wind" on Justia Law

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Plaintiffs-Appellants WildEarth Guardians and Sierra Club challenged the Bureau of Land Management’s (BLM) decision to approve four coal leases in Wyoming’s Powder River Basin. Plaintiffs brought an Administrative Procedure Act (APA) claim arguing that the BLM failed to comply with the National Environmental Policy Act (NEPA) when it concluded that issuing the leases would not result in higher national carbon dioxide emissions than would declining to issue them. The district court upheld the leases. The Tenth Circuit held the BLM’s Environmental Impact Studies and Records Of Decisions were arbitrary and capricious because they omitted data pertinent to its choice with respect to issuing the leases, and thereby informing the public of its rationale. The Tenth Circuit remanded with instructions to the BLM to revise its Environmental Impact Statements (EISs) and Records of Decision (RODs). The Court did not vacate the resulting leases. View "WildEarth Guardians v. Bureau of Land Management" on Justia Law

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Petitioner Liying Qiu, a native and citizen of the People’s Republic of China, sought asylum and withholding of removal based on her status as a Christian who did not agree with China’s state-sanctioned version of Christianity, and as a woman who violated China’s one-child policy by having three children. Her application was denied by the immigration court in 2011, and the Board of Immigration Appeals affirmed that decision in March 2013. In December 2015, Petitioner filed a motion to reopen based on the significantly increased persecution of Christians in China in 2014 and 2015. The BIA denied her motion to reopen as untimely. Amongst the evidence submitted in support of her application, Petitioner submitted a portion of the 2015 annual report issued by the U.S. Commission on International Religious Freedom, an independent, bipartisan U.S. government entity that monitored religious freedom violations globally and made policy recommendations to the President, the Secretary of State, and Congress. The BIA held that Petitioner had not submitted sufficient evidence to show a change in country conditions, and thus that her motion to reopen was untimely under 8 U.S.C. 1229a(c)(7)(C). The Tenth Circuit found the BIA abused its discretion in denying Petitioner's application: "surely Congress did not intend for 8 U.S.C. 1229a(c)(7)(C) to protect only petitioners who file frivolous asylum applications under no threat of persecution, while extending no help to petitioners who seek reopening after an existing pattern of persecution becomes dramatically worse. The BIA’s reasoning would lead to an absurd result, one we cannot condone." The Court held that a significant increase in the level of persecution constituted a material change in country conditions for purposes of 8 U.S.C. 1229a(c)(7)(C) and that the BIA abuses its discretion when it fails to assess and consider a petitioner’s evidence that the persecution of others in his protected category has substantially worsened since the initial application. The Court concluded the BIA provided no rational, factually supported reason for denying Petitioner’s motion to reopen, and accordingly remanded this case back to the BIA for further consideration. View "Qiu v. Sessions" on Justia Law

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While reading a daily report aloud to his colleagues, Sigiefredo Sanchez mixed up the order of words and numbers, skipped over sections, and gave briefing points out of order. Sanchez was unaware he had a reading disorder. Because his job required him to provide transportation information to nuclear convoys, his reading disorder presented a potential threat to national safety. Once diagnosed, Sanchez lost his safety-and-security clearance. Then, after unsuccessfully requesting accommodations, Sanchez was fired. Sanchez sued his former employer for due-process and Rehabilitation Act violations. The district court granted judgment on the pleadings and dismissed Sanchez’s claims, relying in part on the Supreme Court’s decision in Department of the Navy v. Egan, 484 U.S. 518 (1988). District courts lack jurisdiction to review the merits or motives of a decision to revoke or deny a security clearance. Egan applies when an agency has made (1) a security-clearance decision that (2) a plaintiff attempts to challenge. Sanchez argued the district court: (1) abused its discretion by denying Sanchez’s Motion to Supplement; (2) failed to accept Sanchez’s well-pleaded allegations and made findings of fact contrary to the complaint’s allegations; (3) erred in holding that Egan prohibited the court from reviewing Claim 1, the failure-to-accommodate claim; (4) erred in holding that the Department isn’t required to reassign disabled employees; and (5) improperly dismissed Claim 4, Sanchez’s procedural-due-process claim. The Tenth Circuit reversed in part, affirmed in part the district court's order, vacating the district court's judgment on the pleadings as to Claim 1 (failure-to-accommodate), but affirmed with respect to dismissal of claims 2-4 (the retaliation, disparate treatment, and procedural-due- process claims) as well as the district court’s order denying Sanchez’s Motion to Supplement. View "Sanchez v. Moniz" on Justia Law

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This appeal grew out of a dispute between a company and its former employee: CollegeAmerica Denver, Inc., and Debbi Potts. CollegeAmerica and Potts resolved a dispute by entering into a settlement agreement. But CollegeAmerica later came to believe that Potts breached the settlement agreement. This belief led CollegeAmerica to sue Potts in state court. That suit sparked the interest of the Equal Employment Opportunity Commission, which believed CollegeAmerica’s interpretation and enforcement of the settlement agreement was unlawfully interfering with Potts’ and the EEOC’s statutory rights. Based on this belief, the EEOC sued CollegeAmerica in federal court. In response, CollegeAmerica disavowed the legal positions known to concern the agency. The company’s disavowal of these legal positions led the district court to dismiss the agency’s unlawful-interference claim as moot. CollegeAmerica then asserted a new theory against the former employee, which the agency regarded as a continuation of the unlawful interference with statutory rights. That change presented the question to the Tenth Circuit Court of Appeals of whether the EEOC’s unlawful-interference claim remained moot after the parties disputed if the company could lawfully assert its new theory against the former employee. The Tenth Circuit thought not and reversed the dismissal. View "EEOC v. CollegeAmerica Denver" on Justia Law

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Kelcey Patton, a social worker for the Denver Department of Human Services (“DDHS”), was one of those responsible for removing T.D., a minor at the time, from his mother’s home, placing him into DDHS’s custody, and recommending T.D. be placed and remain in the temporary custody of his father, Tiercel Duerson. T.D. eventually was removed from his father’s home after DDHS received reports that T.D. had sexual contact with his half-brother, also Mr. Duerson’s son. DDHS later determined that during T.D.’s placement with Mr. Duerson, T.D. had suffered severe physical and sexual abuse at the hands of his father. T.D. sued Patton under 42 U.S.C. 1983 for violating his right to substantive due process, relying on a “danger-creation theory,” which provided that “state officials can be liable for the acts of third parties where those officials created the danger that caused the harm.” Patton moved for summary judgment on the ground that she is entitled to qualified immunity. The district court denied the motion. Finding no reversible error in that decision, the Tenth Circuit affirmed. View "T.D. v. Patton" on Justia Law

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Kelcey Patton, a social worker for the Denver Department of Human Services (“DDHS”), was one of those responsible for removing T.D., a minor at the time, from his mother’s home, placing him into DDHS’s custody, and recommending T.D. be placed and remain in the temporary custody of his father, Tiercel Duerson. T.D. eventually was removed from his father’s home after DDHS received reports that T.D. had sexual contact with his half-brother, also Mr. Duerson’s son. DDHS later determined that during T.D.’s placement with Mr. Duerson, T.D. had suffered severe physical and sexual abuse at the hands of his father. T.D. sued Patton under 42 U.S.C. 1983 for violating his right to substantive due process, relying on a “danger-creation theory,” which provided that “state officials can be liable for the acts of third parties where those officials created the danger that caused the harm.” Patton moved for summary judgment on the ground that she is entitled to qualified immunity. The district court denied the motion. Finding no reversible error in that decision, the Tenth Circuit affirmed. View "T.D. v. Patton" on Justia Law

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The contract at issue in this appeal was an Independent Contractor Agreement (the Contract) between the Ute Indian Tribe and Lynn Becker, a former manager in the Tribe’s Energy and Minerals Department. Becker claimed the Tribe breached the Contract by failing to pay him 2% of net revenue distributed to Ute Energy Holdings, LLC from Ute Energy, LLC. After Becker filed suit in Utah state court, the Tribe filed this suit against him and Judge Barry Lawrence, the state judge presiding over Becker’s suit, seeking declarations that: (1) the state court lacks subject-matter jurisdiction over the dispute; (2) the Contract was void under federal and tribal law; and (3) there was no valid waiver of the Tribe’s sovereign immunity for the claims asserted in state court. The Tribe also sought a preliminary injunction ordering defendants to refrain from further action in the state court proceedings. The federal district court held that it lacked jurisdiction to consider the Tribe’s challenge to the jurisdiction of the state court. The Tenth Circuit disagreed with the district court, and reversed and remanded for further proceedings. The Court held that the Tribe’s claim that federal law precluded state-court jurisdiction over a claim against Indians arising on the reservation presented a federal question that sustained federal jurisdiction. View "Ute Indian Tribe of the Uintah v. Lawrence" on Justia Law

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The Ute Indian Tribe of the Uintah and Ouray Reservation appealed a preliminary injunction ordering it not to proceed with litigation in tribal court against a nonmember former contractor, Lynn Becker. The district court ruled that although the parties’ dispute would ordinarily come within the tribal court’s jurisdiction, their Independent Contractor Agreement (the Contract) waived the Tribe’s right to litigate in that forum. The Tribe argued: (1) the tribal-exhaustion rule, which ordinarily requires a federal court to abstain from determining the jurisdiction of a tribal court until the tribal court has ruled on its own jurisdiction, deprived the district court of jurisdiction to determine the tribal court’s jurisdiction; and (2) even if exhaustion was not required, the preliminary injunction was improper because the Contract did not waive the Tribe’s right to litigate this dispute in tribal court. In addition, the Tribe challenged the district court’s dismissal of its claims under the federal civil-rights act, 42 U.S.C. 1983, seeking to halt state-court litigation between it and Becker. The Tenth Circuit did not agree the tribal-exhaustion rule was jurisdictional, but agreed the district court should have abstained on the issue. Although the Contract contained a waiver of the tribal-exhaustion rule, Becker could not show a likelihood of success based on the validity of the waiver; he failed to adequately counter the Tribe’s contention that the entire Contract, including the waiver, was void because it did not receive federal-government approval, as was required for contracts transferring property held in trust for the Tribe by the federal government. With respect to the Tribe’s claim under 42 U.S.C. 1983, the Tenth Circuit found the Tribe has not stated a claim because it is not a “person” entitled to relief under that statute when it is seeking, as here, to vindicate only a sovereign interest. To resolve the remaining issues raised in this case, the Court adopted its decision in the companion case of Ute Indian Tribe v. Lawrence, No. 16-4154 (August 25, 2017). View "Becker v. Ute Indian Tribe" on Justia Law