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

Plaintiff Lucrecia Carpio Holmes appealed a district court’s ruling that her claim for disability benefits under the Employee Retirement Income Security Act (ERISA) was barred due to her failure to exhaust administrative remedies. Finding no reversible error, the Tenth Circuit affirmed. View "Holmes v. Colorado Coalition" on Justia Law

The issue this case presented to the Tenth Circuit on appeal involved involves a dispute concerning the scope of an arbitration clause between Nitro-Lift Technologies, L.L.C. and three of its former employees, plaintiffs Miguel Sanchez, Shane Schneider, and Eddie Howard. Plaintiffs sued Nitro-Lift, claiming it failed to pay overtime wages in violation of both the Fair Labor Standards Act (FLSA), and the Oklahoma Protection of Labor Act (OPLA). Nitro-Lift appealed two district court orders denying its motions to dismiss and compel arbitration, or in the alternative to stay the proceeding pending arbitration, arguing plaintiffs' wage disputes fell within the scope of the arbitration clause. The Tenth Circuit agreed with Nitro-Lift's argument with respect to the wage disputes and arbitration, and as such, reversed the district court's denial of Nitro-Lift's motion to compel arbitration. The case was remanded for further proceedings. View "Sanchez, et al v. Nitro Lift Technologies" on Justia Law

George Cohlmia appealed a district court's decision to award attorney’s fees to St. John Medical Center pursuant to the Health Care Quality Improvement Act (HCQIA). This case arose from two surgeries Cohlmia performed: one patient died as a result of surgery, another was permanently disfigured. After the Hospital conducted an internal review, it concluded Cohlmia failed to follow proper medical protocols, and suspended the doctor’s staff privileges. The district court granted summary judgment in favor of the hospital on all of the doctor’s claims. The Hospital thereafter sought attorney’s fees under the HCQIA. Finding that the district court did not abuse it's discretion in awarding fees under the Act, the Tenth Circuit affirmed. View "Cohlmia, et al v. St. John Medical Center, et al" on Justia Law

Alan Christoffersen drove a truck for United Parcel Service (UPS) until he was struck and killed by an underinsured motorist. After the accident, Christoffersen's heirs sued UPS and its automobile insurer (Liberty Mutual Insurance Group), asserting claims for underinsured motorist (UIM) benefits. All parties moved for summary judgment. The district court granted UPS's motion on the ground that Utah's Worker's Compensation Act provided the exclusive remedy. On the claim against Liberty Mutual, the court granted judgment to the heirs for $10,000. The heirs and Liberty Mutual appealed. Upon review, the Tenth Circuit concluded that Liberty Mutual did not incur liability because UPS validly rejected UIM coverage; therefore, with regard to the claim against Liberty Mutual, the Court reversed the judgment of $10,000 for the heirs and remanded the case with instructions to grant summary judgment to Liberty Mutual on the entire claim. Furthermore, the Court affirmed the grant of summary judgment to UPS because it was not considered a "self insurer" for purposes of Utah's UIM statute. View "Christoffersen v. United Parcel Service, et al" on Justia Law

Defendant Richard Wyss pled guilty in December 2008 to one count of making false statements to the Federal Transportation Security Administration (TSA). Defendant concealed from TSA that he was working full-time for the Utah Department of Public Safety (DPS) while also employed full time by TSA. In his plea agreement and at his plea hearing, Defendant agreed he owed DPS $188,548.92 in restitution. The district court sentenced Defendant to three years probation. Over 40 months after his sentencing hearing, Defendant filed a motion asking the district court to grant him credit against the order of restitution. He claimed he was entitled to credit based on annual, sick, and holiday leave he earned while at DPS. DPS objected to Defendant’s motion; the Government did not submit a response. At an evidentiary hearing two weeks later, the district court squarely rejected the Government’s argument that the court lacked authority to reduce the amount of restitution Defendant owed DPS. The issue before the Tenth Circuit on appeal was whether 18 U.S.C. 3563(c) authorized the court to modify the restitution order imposed pursuant to the Mandatory Victim Restitution Act (MVRA) over three years after the judgment of sentence became final. The Tenth Circuit concluded section 3563(c) did not authorize the district court to modify the order and reversed. View "United States v. Wyss" on Justia Law

Rolland Goodin worked in coal mines for 25 years, and smoked cigarettes for more than 40 years. He developed a respiratory condition and filed for benefits under the Black Lung Benefits Act (BLBA). An Administrative Law Judge awarded Goodin benefits. His employer, Antelope Coal Company/Rio Tinto Energy America appealed, but the Department of Labor Benefits Review Board affirmed. Antelope's primary argument on appeal to the Tenth Circuit was that the ALJ wrongly limited its options to rebut a regulatory presumption that Goodin's work as a coal miner caused his respiratory condition. After review, the Tenth Circuit affirmed the award of benefits: "Antelope's arguments are more a matter of disagreement with the ALJ's assessment of the evidence as opposed to whether he considered the evidence at all. We may not reweigh the evidence but can only determine whether substantial evidence supported the decision." View "Antelope Coal Company/Rio v. Goodin" on Justia Law

The United Food and Commercial Workers International Union, Local No. 7 sued King Soopers, Inc. to enforce an arbitration award. The federal district court ruled that the award did not stem from the Union’s collective bargaining agreement (CBA) with King Soopers and refused to enforce it. The Tenth Circuit reversed, finding that although King Soopers could have brought a timely action to vacate the award on the ground adopted by the district court, it did not do so. It therefore could not raise that defense against the Union’s action to enforce the award. For the same reason, the Court held that King Soopers could not raise the defense that the arbitrator lacked authority to impose a remedy. View "United Food & Commercial v. King Soopers" on Justia Law

Camille Kramer sued her former employer the Wasatch County Sheriff’s Department for sexual harassment under Title VII of the Civil Rights Act and 42 U.S.C. 1983. She appealed the district court’s grant of summary judgment to Wasatch County on all claims. Upon review, the Tenth Circuit affirmed summary judgment as to the 1983 claim but reversed on the Title VII claim. View "Kramer v. Wasatch Co. Sheriff's Office, et al" on Justia Law

United Parcel Service (UPS) fired Jeff Macon for dishonesty. He claimed that reason was a pretext; he was actually fired in violation of his rights under the Kansas worker’s compensation statute. The district court concluded the uncontested facts showed UPS to have honestly believed Macon was dishonest and discharged him in good faith. Accordingly, it granted UPS' motion for summary judgment. Irrespective of his complaints about pretext and disparate treatment by supervisors, a regional independent union/management grievance panel for UPS conducted an investigation and decided discharge for dishonesty was appropriate. Based upon that independent and informed decision, the Tenth Circuit affirmed the grant of summary judgment. View "Macon v. United Parcel Service, Inc." on Justia Law

In this appeal, the Tenth Circuit considered a novel question: Does issue preclusion apply in bankruptcy court to a final determination in district court that a party waived an issue? Upon review of the circumstances of this case and the applicable statutes, the Court concluded issue preclusion did not apply to the waiver finding here. The Court reversed the judgment of the Bankruptcy Appellate Panel and remanded this case for the bankruptcy court to reinstate its order. View "Clark v. Zwanziger" on Justia Law