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

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

Plaintiff-Appellant Steven Smothers sued his former employer Solvay Chemical, Inc. for alleged discrimination against him on the basis of his medical disability in violation of the Americans with Disabilities Act. He worked eighteen years until Solvay fired him, allegedly because of a safety violation and dispute with a co-worker. Plaintiff maintained the company's true motivation was retaliation for his taking medical leave. The district court granted Solvay summary judgment on plaintiff's FMLA and ADA claims and on his state law claim for breach of implied contract. It dismissed the remaining state law claims as moot based on its resolution of plaintiff's breach of contract claim. Upon careful consideration of the facts of this case, the Tenth Circuit reversed the district court on the FMLA and ADA claims, and affirmed on the state law breach of contract claim. View "Smothers v. Solvay Chemicals Inc." on Justia Law

Rebecca Mays appealed the denial of her application for disability benefits. After careful consideration of the Social Security Administration's decision and the district court order affirming the Administration's decision, the Tenth Circuit found no reversible error. View "Mays v. Colvin" on Justia Law

Marcia Eisenhour sued Weber County, three of its county commissioners, and a state judge. According to Eisenhour, the judge sexually harassed her and the County retaliated against her for reporting the harassment. She claimed violations of Utah's Whistleblower Act, the First Amendment, the Fourteenth Amendment’s Due Process and Equal Protection Clauses, and Title VII. The district court granted summary judgment to the defendants on all claims. Eisenhour challenged that ruling and the district court’s exclusion of her testimony on disciplinary proceedings involving the judge. Upon review, the Tenth Circuit affirmed: (1) the exclusion of Eisenhour's testimony during the disciplinary proceedings involving Judge Storey; and (2) the award of summary judgment on the claims against the County for violation of the Fourteenth Amendment’s Equal Protection and Due Process Clauses, liability under Title VII, and violation of the Whistleblower Act relating to the refusal to rehire her. However, the Court concluded that genuine issues of material fact existed on: (1) the claim against the County under the Whistleblower Act and the First Amendment claim based on closing of the Justice Court; and (2) the claims against Judge Storey based on the Fourteenth Amendment's Equal Protection Clause. View "Eisenhour v. Weber County, et al" on Justia Law

The City of Greenwood Village, Colorado fired Police Sergeant Patrick Cillo after an incident involving officers under his command. Sgt. Cillo alleged the City's real motive for firing him was opposition to the union chapter he led. Sgt. Cillo and his union sued the City and three individuals. The district court granted summary judgment for Defendants on all claims. Upon review, the Tenth Circuit concluded that Sgt. Cillo survived summary judgment as to the first three "Pickering/Connick" factors and that the individual defendants were not entitled to summary judgment on qualified immunity grounds. The district court's judgment was reversed and the case remanded for further proceedings. View "Cillo, et al v. City of Greenwood Vilage, et al" on Justia Law