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

A woman from Honduras and her two minor sons fled their home country after the murder of her partner, Arturo Robles, by a man named Jonis, who was associated with a gang. Following the murder, Jonis threatened the woman and her children, specifically targeting those related to Arturo. The woman reported these threats to the police, but they failed to act, which she attributed to their ties with gangs. Fearing for their safety, she and her children entered the United States unlawfully in 2014 and sought asylum, arguing that their persecution was due to their membership in Arturo’s nuclear family.After removal proceedings began, an Immigration Judge (IJ) granted asylum in 2014, finding the woman and her brother credible and concluding that her family relationship was a central reason for the threats. The government appealed, and the Board of Immigration Appeals (BIA) remanded for further factfinding. In 2019, after additional hearings and evidence, the IJ again granted asylum, finding that the threats were motivated by the family relationship, that the woman could not safely relocate within Honduras, and that the government was unable or unwilling to protect her. The government appealed again, and in 2023, a three-judge BIA panel vacated the IJ’s decision, holding that the IJ’s factual findings were clearly erroneous.The United States Court of Appeals for the Tenth Circuit reviewed the BIA’s 2023 order. The court held that the BIA misapplied the clear-error standard required by regulation when reviewing the IJ’s factual findings. The Tenth Circuit found that the IJ’s findings on nexus, internal relocation, and government protection were permissible and not clearly erroneous. The court granted the petition for review, vacated the BIA’s order, and remanded with instructions to reinstate the IJ’s grant of asylum. View "Ramos v. Bondi" on Justia Law

A family from Colombia, consisting of two adults and their minor children, sought asylum and withholding of removal in the United States. They had been active members of the Colombian Liberal Party and participated in political campaigning. After receiving threatening phone calls related to their political activities, the family continued their involvement. Subsequently, the father, who was a provisional lawyer and intern at the National Prosecutor’s office, became involved in a property dispute with a man known as Don Rafa, a leader of a narco-trafficking group. Following this, the family received further threats, including armed confrontations and threats against their children, which they attributed to Don Rafa and his associates. The family relocated within Colombia briefly before departing for the United States.After arriving in the United States, the Department of Homeland Security charged the family as removable. The Immigration Judge (IJ) found the family credible but denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The IJ concluded that the harm suffered did not amount to past persecution, lacked a nexus to a statutorily protected ground, and that internal relocation within Colombia was reasonably available. The Board of Immigration Appeals (BIA) affirmed the IJ’s decision and dismissed the appeal, also rejecting the family’s due process claims.The United States Court of Appeals for the Tenth Circuit reviewed the BIA’s decision under a substantial-evidence standard. The court held that the petitioners failed to demonstrate past persecution, a nexus to a protected ground, or that the Colombian government was unable or unwilling to protect them. The court also found that the record did not show the family could not safely relocate within Colombia. Accordingly, the Tenth Circuit denied the petition for review. View "Jimenez v. Bondi" on Justia Law

In 2022, a Colorado town enacted an ordinance restricting most vehicles from entering its pedestrian malls, with certain exceptions, including one for high-volume commercial carriers making frequent deliveries. In 2023, the town amended the ordinance to remove this exception, leaving only a provision allowing a town-approved contractor to deliver goods in the pedestrian areas. The Colorado Motor Carriers Association, representing trucking companies, challenged the amended ordinance, arguing it was preempted by federal law, and sought a preliminary injunction to halt its enforcement.The United States District Court for the District of Colorado granted a preliminary injunction against the amended ordinance, finding the Association was likely to succeed on the merits and would suffer irreparable harm. However, the court declined to enjoin the original ordinance, reasoning that the Association had not demonstrated irreparable injury, particularly given its delay in bringing suit after the original ordinance had been in effect for over a year. Both parties appealed: the town challenged the injunction against the amended ordinance, while the Association cross-appealed the denial of relief against the original ordinance.The United States Court of Appeals for the Tenth Circuit reviewed the district court’s decisions. It held that the amended ordinance likely fell within the federal statutory safety exceptions, as it regulated with respect to motor vehicles and was genuinely responsive to safety concerns, based on legislative intent and a logical nexus to pedestrian safety. The court found the district court had erred in concluding the Association was likely to succeed on the merits and thus abused its discretion in granting the preliminary injunction. Regarding the original ordinance, the Tenth Circuit affirmed the district court’s denial of a preliminary injunction, holding that the Association’s delay in seeking relief undercut its claim of irreparable harm. The court reversed the injunction against the amended ordinance and remanded with instructions to dissolve it, while affirming the denial of relief as to the original ordinance. View "Colorado Motor v. Town of Vail" on Justia Law

Jeffery Krueger died following a traffic stop in Oklahoma initiated by Wagoner County Sheriff’s Office deputies. The stop began when deputies suspected Mr. Krueger of minor traffic violations and possible intoxication. After Mr. Krueger stopped his car in a turn lane, deputies forcibly removed him from his vehicle, allegedly pulling him by his hair, slamming his head on the pavement, and repeatedly using tasers as they attempted to handcuff him. Additional law enforcement officers arrived and, according to the plaintiffs, either participated directly or failed to intervene as Mr. Krueger, now handcuffed and prone, was further restrained with leg shackles and a hobble tie. Mr. Krueger stopped breathing at the scene and was later pronounced dead at a hospital.The United States District Court for the Eastern District of Oklahoma reviewed the case after the plaintiffs, Mr. Krueger’s parents and estate representatives, filed suit under 42 U.S.C. § 1983, alleging excessive force and failure to intervene in violation of the Fourth Amendment. The defendants, including deputies and police officers, moved for summary judgment, asserting qualified immunity. The district court denied summary judgment for most defendants, finding that, when viewing the facts in the light most favorable to the plaintiffs, there were sufficient grounds to show clearly established constitutional violations. The court found material disputes regarding the amount and duration of force used, including the number of taser applications and the nature of the prone restraint.On appeal, the United States Court of Appeals for the Tenth Circuit affirmed the district court’s denial of qualified immunity. The Tenth Circuit held that a reasonable jury could find the defendants used excessive force both in the initial removal and restraint of Mr. Krueger and in the prolonged prone restraint after he was subdued. The court also held that the failure to intervene in the use of excessive force was clearly established as a constitutional violation. The district court’s orders denying summary judgment were affirmed. View "Krueger v. Phillips" on Justia Law

John Snyder, after working for Guardian Life Insurance Company and obtaining a national customer list (the Guardian Broker List), was employed by Beam Technologies, Inc. Snyder claims that Beam induced him to join and disclose the list, promising compensation. While at Beam, Snyder created state-specific broker lists derived from the Guardian Broker List and inadvertently included the full list in emails to several Beam employees. He did not mark the lists as confidential, restrict access, or inform Beam of their confidential nature. After his employment ended, Snyder did not attempt to recover the list or notify Beam of its confidential status, and he later confirmed to Beam’s CEO that the disclosure was intentional.Snyder sued Beam in the United States District Court for the District of Colorado, alleging misappropriation of trade secrets under federal and state law, as well as several state law claims. The district court granted summary judgment to Beam on the trade secret claims, finding Snyder failed to show he “owned” the Guardian Broker List. The court also granted Beam’s motion to exclude Snyder’s damages expert under Federal Rule of Evidence 702 and, in doing so, barred Snyder from presenting any evidence or witnesses on lost wages for his remaining claims. Snyder’s motion to reconsider this order was denied, and the parties settled or dismissed the remaining claims, leading to a final judgment.The United States Court of Appeals for the Tenth Circuit affirmed summary judgment on the trade secret claims, holding that Snyder failed to take reasonable measures to maintain the secrecy of the Guardian Broker List, a requirement under both the Defend Trade Secrets Act and the Colorado Uniform Trade Secrets Act. However, the Tenth Circuit reversed the district court’s Rule 702 order to the extent it excluded all evidence and witnesses on lost wages, finding that such a dispositive ruling required notice and the procedural protections of summary judgment. The case was remanded for further proceedings on that issue. View "Snyder v. Beam Technologies" on Justia Law

ADA Carbon Solutions (Red River), LLC ("ADA") filed a lawsuit against Atlas Carbon, LLC ("Atlas") in the United States District Court for the District of Wyoming, alleging breach of contract and breach of the implied covenant of good faith and fair dealing under Wyoming law. ADA claimed that Atlas breached their contract for the sale of activated carbon by improperly invoking the "Force Majeure" clause and failing to supply the agreed-upon quantity of carbon. ADA filed an amended complaint asserting diversity jurisdiction under 28 U.S.C. § 1332(a)(1).The district court accepted jurisdiction and, after a bench trial, awarded ADA $76,000 in damages. ADA appealed the district court's judgment, dissatisfied with the method for calculating damages. During the appeal, the Tenth Circuit Court of Appeals identified potential jurisdictional defects, specifically regarding the complete diversity of citizenship between the parties. The court ordered supplemental briefing to clarify the citizenship of Atlas's members, including trusts and limited partnerships involved.The Tenth Circuit Court of Appeals found that it lacked sufficient information to determine whether complete diversity of citizenship existed at the time of filing. The court noted that Atlas's identification of its members, including trusts and limited partnerships, was incomplete and did not provide adequate information about their citizenship. Consequently, the court vacated the judgment and remanded the case to the district court to make the necessary factual findings to determine whether it had diversity jurisdiction under 28 U.S.C. § 1332. The district court was instructed to analyze the citizenship of all members of ADA and Atlas, tracing through all layers of ownership to ensure complete diversity. View "ADA Carbon Solutions (Red River) v. Atlas Carbon" on Justia Law

Bethany Scheer was employed by Sisters of Charity of Leavenworth Health System, Inc. (SCL) from 2014 to 2019. During her employment, Scheer faced performance issues and was placed on a performance improvement plan (PIP) that included mandatory counseling through SCL’s employee assistance program (EAP). Scheer initially agreed to the PIP but later refused to sign a form authorizing the disclosure of her counseling attendance and compliance, leading to her termination. Scheer sued SCL under the Americans with Disabilities Act Amendments Act and the Rehabilitation Act, alleging discrimination based on a perceived disability.The United States District Court for the District of Colorado granted summary judgment in favor of SCL. The court concluded that the mandatory referral to counseling did not constitute an adverse employment action because it did not cause a significant change in Scheer’s employment status, as required by precedent.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court noted that the Supreme Court’s recent decision in Muldrow v. City of St. Louis rejected the significance test previously used and established a new standard requiring plaintiffs to show they suffered "some harm respecting an identifiable term or condition of employment." The Tenth Circuit vacated the district court’s grant of summary judgment and remanded the case for reconsideration under the new standard set forth in Muldrow. The district court must now determine if Scheer suffered "some harm" as a result of SCL’s actions. View "Scheer v. Sisters of Charity" on Justia Law

David Jenny, an employee of L3Harris Technologies, Inc., suffered from recurring cellulitis, which was aggravated by frequent international travel required by his job. He requested and was granted an accommodation to book seats with extra legroom on long flights. However, within three months of this accommodation, Jenny was denied permission to travel for routine business, removed from his leadership role, and ultimately discharged. Jenny sued L3Harris for discrimination and retaliation under the Americans with Disabilities Act (ADA) and the Rehabilitation Act.The United States District Court for the District of Utah acknowledged that Jenny established a prima facie case of discrimination and retaliation and produced sufficient evidence that L3Harris’s explanation for his discharge was pretextual. Despite this, the district court granted summary judgment to L3Harris, citing the exception set out in Reeves v. Sanderson Plumbing Products, Inc., concluding that Jenny’s evidence did not sufficiently link his discharge to any discriminatory or retaliatory motive.The United States Court of Appeals for the Tenth Circuit reviewed the case and found that the district court improperly applied the Reeves exception. The Tenth Circuit held that Jenny had indeed met the requirements of the McDonnell Douglas burden-shifting framework and that the evidence, viewed in the light most favorable to Jenny, did not meet the requirements for invoking the Reeves exception. The Tenth Circuit reversed the district court’s order granting summary judgment to L3Harris and remanded the case for further proceedings. View "Jenny v. L3Harris Technologies, Inc." on Justia Law

Vivos Therapeutics, Inc. filed a lawsuit against Ortho-Tain, Inc. in the United States District Court for the District of Colorado. The lawsuit stemmed from communications made by Ortho-Tain’s CEO and attorney to Benco Dental Supply, alleging that Vivos misrepresented Ortho-Tain’s products as its own. Vivos’s amended complaint included claims for false advertising under the Lanham Act, violation of the Colorado Consumer Protection Act, libel per se, slander per se, intentional interference with contractual relations, and a declaratory judgment that Vivos did not violate the Lanham Act.The District Court for the District of Colorado denied Ortho-Tain’s motion to dismiss, which argued that certain claims should be dismissed based on the Colorado litigation privilege. Ortho-Tain appealed the denial, and the United States Court of Appeals for the Tenth Circuit previously held that it lacked jurisdiction over the denial of immunity for Neff’s communications due to disputed factual issues. The Tenth Circuit remanded the case for further proceedings, instructing the district court to consider whether the communications were made in good faith contemplation of litigation.On remand, the district court again denied Ortho-Tain’s motion to dismiss, stating that it would not make a factual determination on whether the communications were made in good faith at the pleading stage. Ortho-Tain appealed this decision, arguing that the district court failed to properly analyze the good faith of the communications.The United States Court of Appeals for the Tenth Circuit dismissed the appeal for lack of jurisdiction. The court held that it could not review the district court’s denial of immunity because it involved disputed factual issues. Without jurisdiction over the denial of immunity, the Tenth Circuit also declined to exercise pendent jurisdiction over the remaining interlocutory rulings. View "Vivos Therapeutics. v. Ortho-Tain" on Justia Law

Nancy Stark, as the legal guardian and mother of Jill Finley, an incapacitated person, filed a lawsuit against Reliance Standard Life Insurance Company. Finley, who suffered a hypoxic brain injury in 2007, was initially approved for long-term disability benefits by Reliance. However, in 2022, Reliance terminated her benefits, claiming recent testing did not support her total disability. Stark appealed, and Reliance reinstated the benefits in 2023. Stark then sued, seeking a surcharge for financial harm caused by the wrongful termination, claiming breach of fiduciary duty for not providing internal records, and contesting the deduction of social security payments from Finley's disability payments.The United States District Court for the Western District of Oklahoma granted Reliance's motion to dismiss under Rule 12(b)(6) for failure to state a claim. The court found that Stark did not plausibly allege a claim for equitable relief under ERISA, nor did she demonstrate that Reliance's actions violated the terms of the insurance policy or breached fiduciary duties.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court's dismissal, holding that Stark was not entitled to attorney’s fees incurred during the administrative appeal under ERISA’s § 1132(a)(3) or § 1132(g). The court also found that Stark's claims regarding the SSD offset were time-barred and waived due to failure to exhaust administrative remedies. Additionally, the court concluded that Stark did not allege any concrete harm resulting from Reliance's alleged failure to provide requested records during the administrative appeal. Consequently, the Tenth Circuit affirmed the district court's decision to dismiss all of Stark's claims. View "Stark v. Reliance Standard Life Insurance Company" on Justia Law