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

A company named Coreslab Structures was found to have violated several provisions of the National Labor Relations Act (NLRA) by the United States Court of Appeals for the Tenth Circuit. The court affirmed the National Labor Relations Board's (NLRB) findings that Coreslab had engaged in unfair labor practices, including unilateral changes to its pension and profit-sharing plans, discrimination against union members, interference with an employee's right to speak with union representatives, and withdrawal of recognition from the union.Coreslab, which produces bridge components and other structural materials at its facility in Tulsa, Oklahoma, had recognized the International Union of Operating Engineers, Local 627, AFL-CIO (the Union) as the bargaining representative of the company’s production and maintenance employees from 2004 until 2019. Starting in 2011, Coreslab made pension contributions only for hours worked by unit employees who were members of the Union, while providing annual profit-sharing payments to non-Union bargaining unit employees.The court held that substantial evidence supported the Board's findings that the Union lacked knowledge of the pension contribution/profit-sharing scheme until Coreslab informed the Union in September 2019. The court further held that Coreslab violated the NLRA by discriminating against union members and failing to bargain collectively with the Union. It also found that Coreslab's withdrawal of recognition from the Union was unlawful.However, the court found that the Board exceeded its statutory authority by ordering back-payments without offset and requiring Coreslab to retain the unlawfully-created profit-sharing program. The court remanded the case to the Board for further proceedings consistent with its opinion. View "Coreslab Structures v. NLRB" on Justia Law

The United States Court of Appeals for the Tenth Circuit has decided to transfer petitions for review to the D.C. Circuit. The petitions challenge a final rule by the U.S. Environmental Protection Agency (EPA). In the contested rule, the EPA disapproved state implementation plans (SIPs) for 21 states, including Oklahoma and Utah, considering that these states failed to sufficiently address their contributions to air-quality problems in downwind states. The EPA argued that the petitions should be reviewed in the D.C. Circuit because the disputed rule is nationally applicable. The Tenth Circuit agreed, stating that the jurisdiction for review depends on the nature of the EPA's final action, not the specifics of the petitioner’s grievance. The Tenth Circuit ruled that, on its face, the final EPA action being challenged is nationally applicable, hence, any challenge to that rule belongs in the D.C. Circuit. Therefore, the court granted the EPA's motion to transfer the petitions. View "Utah v. Environmental Protection Agency" on Justia Law

The United States Court of Appeals for the Tenth Circuit denied the petitions for judicial review by Electric Clouds, Inc. and Cloud 9 Vapor Products, L.L.C. against the United States Food and Drug Administration (FDA). The two companies had sought review of the FDA's rejection of their applications to market their flavored e-liquids, arguing that the FDA had misled them about the application process and had not adequately reviewed their proposed marketing plans. The court ruled that the FDA did not mislead the companies and acted reasonably in concluding that their evidence was inadequate to approve the applications. The court also found that even if the FDA erred in not reviewing the marketing plans, any such error was harmless because the FDA had previously found such plans to be ineffective in preventing youth access to e-cigarettes. View "Electric Clouds v. FDA" on Justia Law

The case involves plaintiff-appellant Cassandra Kincaid, an assistant principal at Central Middle School in Kansas, who claimed that she was harassed by the Unified School District No. 500 in retaliation for her reporting a student-on-student sexual assault. The United States Court of Appeals for the Tenth Circuit affirmed the district court's grant of summary judgment in favor of the school district. The court concluded that Kincaid did not satisfy her burden of creating a genuine dispute of material fact that the reasons given for the alleged material adverse actions against her were pretextual. The court examined various aspects of the case under Title VII and Title IX, which prohibit retaliation against individuals for complaining of sex discrimination. It considered numerous allegedly adverse employment actions, including two emails sent by the school principal, a request for Kincaid's transfer, and a letter of concern. The court concluded that none of the evidence Kincaid provided created a genuine dispute of material fact about pretext. View "Kincaid v. Unified School District No. 500, Kansas City, KS" on Justia Law

In this case, the United States Court of Appeals for the Tenth Circuit reversed the convictions of Juanita Viridiana Garcia Rodriguez, the defendant-appellant, on charges of conspiracy to possess methamphetamine with the intent to distribute and interstate travel in aid of a drug-trafficking enterprise. The case stemmed from a cross-country car trip where secret compartments containing methamphetamine were found in the car driven by Tony Garcia, with Ms. Garcia-Rodriguez as a passenger.The court held that the prosecution failed to show beyond a reasonable doubt that Ms. Garcia-Rodriguez had knowledge of the methamphetamine hidden in the vehicle, which was required to prove her guilt. The court found that simply being a passenger in a car carrying drugs is insufficient to implicate the passenger in a criminal conspiracy. The court also found that the evidence presented by the prosecution, including the value of the methamphetamine, the appearance of the car's rear doors, and Ms. Garcia-Rodriguez's apparent nervousness, were insufficient to prove her knowledge of the drugs. The lack of evidence that Ms. Garcia-Rodriguez had ever tried to open the rear doors or that she knew about the secret compartments was particularly significant.The court concluded that any inferences about Ms. Garcia-Rodriguez's knowledge of the drugs were based on speculation, which is not sufficient to uphold a conviction. The court therefore reversed the convictions and remanded the case with instructions to enter a judgment of acquittal. View "United States v. Rodriguez" on Justia Law

In November 2018, Joseph Hoskins was stopped by a Utah state trooper, Jared Withers, because his Illinois license plate was partially obscured. The situation escalated when Trooper Withers conducted a dog sniff of the car, which led him to search the car and find a large amount of cash. Mr. Hoskins was arrested, and his DNA was collected. Mr. Hoskins sued Trooper Withers and Jess Anderson, Commissioner of the Utah Department of Public Safety, alleging violations of the First and Fourth Amendments and state law.The United States Court of Appeals for the Tenth Circuit held that Trooper Withers had reasonable suspicion to conduct the traffic stop because Utah law requires license plates to be legible, and this applies to out-of-state plates. The court also found that the dog sniff did not unlawfully prolong the traffic stop, as Mr. Hoskins was searching for his proof of insurance at the time. The court ruled that the trooper's protective measures, including pointing a gun at Mr. Hoskins, handcuffing him, and conducting a patdown, did not elevate the stop into an arrest due to Mr. Hoskins's confrontational behavior.The court further held that the dog's reaction to the car created arguable probable cause to search the car and that the discovery of a large amount of cash provided arguable probable cause to arrest Mr. Hoskins. The court found that Trooper Withers did not violate any clearly established constitutional rights by pointing a gun at Mr. Hoskins in retaliation for protected speech or as excessive force. Lastly, the court found no violation of Mr. Hoskins's due process rights related to the handling of his DNA sample, as neither the Due Process Clause nor state law created a protected interest in a procedure to ensure the destruction of his DNA sample. View "Hoskins v. Withers" on Justia Law

In this case, the defendant, Donald Alvin Tolbert, appealed against the denial of his motion to suppress evidence obtained as a result of the National Center for Missing and Exploited Children (NCMEC) opening his emails and attachments without a warrant. These emails contained child pornography and were detected by AOL's software, which reported them to the NCMEC. The NCMEC, state law enforcement in New Mexico, and the federal government subsequently conducted investigations leading to Tolbert's conviction.Tolbert argued that his Fourth Amendment rights had been violated by the warrantless search of his emails and attachments. The court, however, ruled that even if Tolbert's Fourth Amendment rights had been violated, the evidence would still be admissible under the inevitable discovery exception to the exclusionary rule. This exception allows illegally obtained evidence to be admitted if it would have inevitably been discovered by legal means.The court found that the investigations by the NCMEC and law enforcement would have proceeded in the same way, even if the emails and attachments had not been opened, based on their routine practices. They would have used information available in the CyberTips, such as IP addresses and email addresses, to link the CyberTips to Tolbert and conduct further investigations. Thus, the evidence against Tolbert would have been discovered even without opening his emails and attachments.The court, therefore, affirmed the district court's denial of Tolbert's motion to suppress and motion to reconsider. View "United States v. Tolbert" on Justia Law

In the case before the United States Court of Appeals for the Tenth Circuit, the defendant, Jody Rufino Martinez, a member of the Syndicato de Nuevo México (“SNM”), a violent New Mexico-based prison gang, was convicted of murder under the Violent Crimes in Aid of Racketeering (“VICAR”) Act, racketeering conspiracy, and unlawful possession of a firearm. The convictions were related to the 2008 murder of David Romero and the 2018 shooting of Donald Salazar. On appeal, Mr. Martinez argued that the district court erred in three ways: (1) denying his motion to dismiss under the Speedy Trial Act, (2) admitting unduly prejudicial evidence during trial, and (3) denying his motion for a new trial after evidence emerged that he was involved in threats to kill the presiding district court judge. The Tenth Circuit affirmed the district court's decisions. The court held that the district court did not abuse its discretion in denying Mr. Martinez's motion to dismiss under the Speedy Trial Act, as the court's finding that Mr. Martinez did not oppose a motion to continue the trial was plausible given the record as a whole. The court also held that the district court did not abuse its discretion in admitting evidence of SNM's violent acts, as that evidence was probative of SNM's use of violence to maintain and augment organizational respect and played a critical role in the government's case. Lastly, the court held that the district court did not err in failing to recuse itself, as the judge had no knowledge during the trial that Mr. Martinez was connected to threats against him. View "United States v. Martinez" on Justia Law

In this case, Plaintiff-Appellant Lazy S Ranch Properties, LLC (Lazy S) filed a lawsuit against Defendants-Appellees Valero Terminaling and Distribution Company and related entities (collectively, Valero), alleging that Valero's pipeline leaked and caused contamination on Lazy S's property. The United States Court of Appeals for the Tenth Circuit reversed in part and affirmed in part the district court's grant of summary judgment in favor of Valero.Lazy S runs cattle operations on a large property in Oklahoma, beneath which several pipelines transport hydrocarbons. In 2018, a representative of the ranch noticed a diesel fuel odor emanating from a cave near a water source on the property. Samples were taken and tested, and these tests revealed trace amounts of refined petroleum products in soil, surface water, groundwater, spring water, and air on the ranch.Lazy S brought several claims against Valero, including private nuisance, public nuisance, negligence per se, and negligence. The district court granted summary judgment in favor of Valero, holding that Lazy S did not present sufficient evidence to establish a legal injury or causation.On appeal, the Tenth Circuit found that Lazy S had presented sufficient evidence to create a genuine issue of material fact as to legal injury on its claims of private nuisance, public nuisance, and negligence per se. The court noted that Lazy S had presented evidence of a strong odor emanating from a cave near a water source on the property, headaches suffered by individuals due to the odor, and changes in behavior due to the odor. As such, a rational trier of fact could conclude that the odor injured the ranch.The Tenth Circuit also found that Lazy S had presented sufficient evidence to create a genuine issue of material fact as to causation. The court noted that the pipeline was a major source of potential contamination beneath the ranch, that it had leaked in the past, and that a pathway existed for hydrocarbons to travel from the pipeline to the water source.The Tenth Circuit affirmed the district court's grant of summary judgment on Lazy S's claims of constructive fraud and trespass, finding that Lazy S had not presented sufficient evidence to support these claims.The court remanded the case to the district court for trial on the issues of negligence per se, private nuisance, and public nuisance, including Lazy S's claims for damages. View "Lazy S Ranch Properties v. Valero Terminaling and Distribution" on Justia Law

In a case brought before the United States Court of Appeals for the Tenth Circuit, the plaintiff organization, Speech First, Inc., challenged three policies implemented by Oklahoma State University (OSU) that allegedly suppressed the freedom of speech of its student members. The organization provided declarations of three pseudonymous students, Student A, Student B, and Student C, describing how these policies stifled their constitutionally protected expression. The main issue in this case was whether pseudonymous declarations could establish Article III standing for Speech First to bring the action. The defendant, OSU President Kayse Shrum, had successfully argued in the United States District Court for the Western District of Oklahoma that the plaintiff lacked standing because it failed to identify its members by name, as required by the Supreme Court in Summers v. Earth Island Institute.The Tenth Circuit disagreed with the district court’s interpretation of Summers, stating that the Supreme Court had not intended to require legal names for standing and had not suggested that it was overruling decades of precedent allowing anonymous plaintiffs. The Tenth Circuit explained that the Supreme Court in Summers had simply required that there be a specific person who is injured, not just a statistical probability that some member would suffer an injury. The appeals court found that this requirement could be satisfied by identifying an injured member as “Member 1” just as well as by a legal name. It also pointed to previous cases where standing was granted based on pseudonymous or anonymous declarations.The Tenth Circuit ultimately concluded that an organization can establish standing to bring a suit if at least one of its members, even if identified by a pseudonym, would have standing to sue in their own right. The court therefore reversed the district court's decision and remanded the case for further proceedings. View "Speech First v. Shrum" on Justia Law