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

Petitioner-appellant Delila Pacheco was convicted in Oklahoma of first-degree child-abuse murder. She petitioned for relief to the United States District Court for the Eastern District of Oklahoma, filing an application under 28 U.S.C. § 2254. While her application was pending, the Tenth Circuit Court of Appeals decided Murphy v. Royal, 875 F.3d 896 (10th Cir. 2017), holding that a large portion of the State of Oklahoma was “Indian country” for purposes of the Major Crimes Act, which provided for exclusive federal jurisdiction over certain enumerated crimes committed by Indians in “Indian country.” Pacheco, an Indian found to have committed a serious crime at a location since determined to be on an Indian reservation, sought to amend her application to assert a claim that the state courts lacked jurisdiction over the offense. The district court denied the request to amend on the ground that the new claim was time-barred. The Tenth Circuit granted a certificate of appealability (COA) on this issue. Pacheco argued on appeal: (1) that the time bar to her jurisdictional claim should be excused under the actual-innocence exception; and, alternatively, (2) that the statute of limitations reset when the Supreme Court declared the underlying law in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), rendering timely her request to amend. The Tenth Circuit affirmed the district court, finding Pacheco’s jurisdictional argument did not show actual innocence, and McGirt did not announce a new constitutional right. View "Pacheco v. El Habti" on Justia Law

Integrity Advance, LLC operated as a nationwide payday lender offering short-term consumer loans at high interest rates. In 2015, the Consumer Financial Protection Bureau (“Bureau”) brought an administrative enforcement action against Integrity and its CEO, James Carnes (collectively, “Petitioners”). The Notice of Charges alleged violations of the Consumer Financial Protection Act (“CFPA”), the Truth in Lending Act (“TILA”), and the Electronic Fund Transfer Act (“EFTA”). Between 2018 and 2021, the Supreme Court issued four decisions that bore on the Bureau’s enforcement activity in this case. The series of decisions led to intermittent delays and restarts in the Bureau’s case against Petitioners. Ultimately, the Director mostly affirmed the recommendations of the ALJ. Petitioners appealed the Director’s final order to the Tenth Circuit Court of Appeals under 12 U.S.C. § 5563(b)(4), asking that the Court vacate the order, or at least remand for a new hearing. Petitioners argued the Director’s order didn’t give them the full benefit of the Supreme Court’s rulings. The Tenth Circuit rejected Petitioners’ various challenges and affirmed the Director’s order. View "Integrity Advance, et al. v. CFPB" on Justia Law

Kelly Sorenson, acting as a qui tam relator, brought suit on behalf of the United States against his former employer, Wadsworth Brothers Construction Company (“Wadsworth”), under the provisions of the False Claims Act (“FCA”). Sorenson alleged Wadsworth, a contractor working on a federally funded transportation project, falsely certified its compliance with the prevailing-wage requirements of the Davis-Bacon Act. The district court granted Wadsworth’s Fed. R. Civ. P. 12(b)(6) motion as to presenting a false claim, making a false record to obtain payment on a false claim, and an allegation of a conspiracy to defraud. The district court concluded Sorenson’s complaint failed to satisfy the demanding materiality standard set out by the Supreme Court in Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U.S. 176 (2016). Thereafter, the district court granted summary judgment to Wadsworth on Sorenson’s Claim 5, a retaliation claim based on the whistleblower provisions of 31 U.S.C. § 3730(h). The district court concluded Sorenson failed to put Wadsworth on notice his protected activities were related to purported violations of the FCA and, in addition, failed to demonstrate Wadsworth’s actions were retaliatory. Sorenson appealed the dismissal of the first three claims and the grant of summary judgment to Wadsworth on Claim 5. Finding no reversible error, the Tenth Circuit affirmed the district court's dismissal. View "Sorenson v. Wadsworth Brothers Construct" on Justia Law

Defendant-appellant Gregory Williams appealed after he pled guilty to possession with intent to distribute methamphetamine, and being a felon in possession of a firearm. He claimed: (1) his sentence was procedurally unreasonable because the district court incorrectly calculated his base offense level under the advisory Sentencing Guidelines and the district court clearly erred in its drug-quantity calculation by holding him accountable for alleged packages of methamphetamine on which the government presented no evidence; and (2) the district court imposed an illegal sentence by erroneously applying the Armed Career Criminal Act (ACCA) enhancement: his prior Oklahoma convictions for distributing a controlled dangerous substance were not categorically “serious drug offenses” under 18 U.S.C. § 924(e)(2)(A)(ii) because his state offenses applied to hemp, and hemp was not a federally controlled substance at the time of his federal offense. The Tenth Circuit agreed with defendant on both issues, vacated the judgment and remanded fr resentencing. View "United States v. Williams" on Justia Law

Coby Lee Paugh died from complications related to alcohol withdrawal while being held in pretrial detention at Uintah County Jail in Vernal, Utah. His estate sued Uintah County and several of its jail officials under 42 U.S.C. § 1983, alleging violations of Paugh’s constitutional rights. The County and its jail officials moved for summary judgment, with the jail officials asserting qualified immunity. The district court granted qualified immunity for one but not all defendants. It also denied the County’s motion for summary judgment. The Individual Defendants and the County filed an interlocutory appeal, challenging the district court’s denial of qualified immunity, and the County asked the Tenth Circuit to exercise pendent appellate jurisdiction and reverse the court’s denial of its motion for summary judgment. We hold that the Individual Defendants are not entitled to qualified immunity. After review, the Tenth Circuit affirmed the district court’s denial of the Individual Defendants’ motion for summary judgment, and did not consider the County’s appeal, because it lacked jurisdiction to do so. View "Paugh, et al. v. Uintah County, et al." on Justia Law

Defendant-appellant Larry Johnson was convicted by a jury for possessing a firearm and possessing crack cocaine with the intent to distribute. He sought to overturn his firearms convictions, arguing the trial court erred in instructing the jury on constructive possession. The Tenth Circuit found no plain error, finding that had the jury been given the proper instruction, it would have concluded nonetheless Johnson had both actual and constructive possession of the firearm: after police pulled Johnson over for a traffic violation, they saw a black pistol on the driver's seat where he had been sitting. "Johnson had been exerting physical control over the firearm by sitting on it." Further, the Court found Johnson was in constructive possession of the firearm based on physical contact; the fact the firearm was loaded; his previous statement admitting to possessing a firearm to aid in drug trafficking; and his simultaneous possession of drugs for distribution. View "United States v. Johnson" on Justia Law

Defendant Pluralsight was a software company offering a cloud-based technology skills platform. Defendant Aaron Skonnard was Pluralsight’s Chief Executive Officer; defendant James Budge was the Chief Financial Officer. Plaintiffs purchased Pluralsight stock between January 16, 2019, and July 31, 2019. Beginning on January 16, 2019, Skonnard and Budge allegedly made materially false and misleading statements about the size and productivity of Pluralsight’s sales force, which Plaintiffs claim artificially inflated Pluralsight’s stock price, including during a secondary public offering (“SPO”) in March 2019. Pluralsight announced disappointing second-quarter earnings on July 31, 2019. Defendants attributed the low earnings to a shortage of sales representatives earlier in the year—but this explanation contradicted representations Pluralsight made in the first quarter of 2019 about the size of its sales force. Lead Plaintiffs Indiana Public Retirement System (“INPRS”) and Public School Teachers’ Pension and Retirement Fund of Chicago (“CTPF”) brought claims on behalf of a putative class of Pluralsight stock holders under the Securities Exchange Act of 1934 (“Exchange Act”), and the Securities Act of 1933 (“Securities Act”) in federal district court in Utah. Defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), contending Plaintiffs failed to adequately allege: (1) any materially false or misleading statements or omissions; and (2) that Defendants acted with the requisite scienter. The district court found one statement (of eighteen alleged) was materially false or misleading but dismissed Plaintiffs’ Exchange Act claims because the complaint failed to allege a strong inference of scienter. The district court dismissed Plaintiffs’ Securities Act claims because none of the statements in Pluralsight’s SPO documents were materially false or misleading. The Tenth Circuit concluded the district court erred in dismissing Plaintffs’ Exhcange Act claims. “Although the district court correctly determined that Plaintiffs sufficiently alleged only one materially false or misleading statement, the district court’s scienter determination was erroneous.” The Court also concluded the district court relied on erroneous reasoning to dismiss the alleged violation of Item 303 of SEC Regulation S–K, so the case was remanded for further consideration. The judgment was affirmed in all other respects. View "Indiana Public Retirement, et al. v. Pluralsight, et al." on Justia Law

Plaintiff-appellant La’Tonya Ford worked at Jackson National Life Insurance (“Jackson”) for about four years. During her time there, Ford allegedly suffered sex- and race-based discrimination; faced retaliation for complaining about her treatment; endured a hostile work environment; and was constructively discharged. After she left Jackson for another job, Ford sued the company for (1) discrimination; (2) retaliation; (3) hostile work environment; and (4) constructive discharge. Jackson moved for summary judgment; the district court granted Jackson’s motion and dismissed all of Ford’s claims. Ford now appeals, urging us to reverse the court on each claim. The Tenth Circuit affirmed the dismissal of her discrimination claim. But it reversed in part the dismissal of her retaliation claim; her hostile-work-environment claim; and her constructive-discharge claim. View "Ford v. Jackson National Life, et al." on Justia Law

Consolidated cases arose from a 2015 Securities and Exchange Commission (“SEC”) civil enforcement action against Roger Bliss, who ran a Ponzi scheme through his investment entities (collectively, “the Bliss Enterprise”). Bliss was ordered to repay millions of dollars to the victims of his fraudulent scheme, and the district court appointed Plaintiff-Appellee Tammy Georgelas as Receiver to investigate the Bliss Enterprise’s books and seek to recover its property. Defendant-Appellant David Hill was employed by the Bliss Enterprise from 2011 to 2015, providing administrative and ministerial services to the company. He received salary payments from the Bliss Enterprise both directly and through Defendant-Appellant Desert Hill Ventures, Inc. (“Desert Hill”), of which Hill was president. After the district court ordered Bliss to disgorge funds from his scheme, the Receiver brought these actions against Hill and Desert Hill. The Receiver asserted that the Bliss Enterprise estates were entitled to recover the $347,000 in wages paid to Defendants, in addition to $113,878 spent by the Bliss Enterprise on renovations to Hill’s house, under Utah’s Uniform Fraudulent Transfers Act (“UFTA”). The district court granted summary judgment to the Receiver, finding that the wages received by Defendants from the Bliss Enterprise and the funds paid by the Bliss Enterprise for the renovations were recoverable by the estates under the UFTA. Defendants appealed to the Tenth Circuit Court of Appeals, arguing the district court erred in denying their affirmative defense under Utah Code Ann. § 25-6-9(1) and in finding that the renovations were made for Hill’s benefit, as required under Utah Code Ann. § 25-6-9(2)(a). The Court agreed with Defendants and, accordingly, reversed the district court’s summary judgment order and remanded for further proceedings. View "Georgelas v. Desert Hill Ventures" on Justia Law

Kelly Day appealed the district court’s dismissal of the diversity action she filed against SkyWest Airlines for personal injuries she allegedly sustained when a SkyWest flight attendant carelessly struck her with a beverage cart. The district court granted SkyWest’s motion to dismiss the action as preempted under the Airline Deregulation Act (“ADA”), which preempted state laws “related to a price, route, or service of an air carrier.” The Tenth Circuit Court of Appeals concurred with sister circuits that personal-injury claims arising out of an airline employee’s failure to exercise due care were not “related to” a deregulated price, route, or service. Therefore, the Court reversed the district court’s dismissal of Day’s action and remanded for further proceedings. View "Day v. SkyWest Airlines" on Justia Law