Justia Civil Procedure Opinion Summaries

This case involved claims brought under the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act (GINA) by a temporary employee whose assignment by a staffing agency to work as the receptionist for another business was terminated after she missed a significant amount of work while being tested for breast cancer and informed the agency that, due to her cancer, she needed to take a full week plus an additional unknown amount of time off for more tests, appointments, and radiation treatments. The district court granted summary judgment in favor of the staffing agency and the business on both of these claims. The employee appealed that ruling, and finding no reversible error, the Tenth Circuit affirmed. View "Punt v. Kelly Services" on Justia Law

Plaintiff Ralph Rogerson, a licensed pest-control applicator in Kansas, challenged a regulation of the Kansas Department of Agriculture on the ground that it required excessive pesticide treatment in preconstruction applications. He filed suit for declaratory and injunctive relief against the Secretary of the Department, claiming that the regulation: (1) was preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) because it conflicted with pesticide labels approved by the Environmental Protection Agency (EPA); and (2) was preempted by the Sherman Antitrust Act because it limited consumer choice and competition through retail price maintenance. The United States District Court for the District of Kansas rejected both claims, and Plaintiff appealed. The Tenth Circuit affirmed: the Kansas regulation was neither expressly nor impliedly preempted by FIFRA. And Plaintiff conceded the absence of an essential element of his Sherman Act claim. View "Schoenhofer v. McClaskey" on Justia Law

After settlement of a class action for royalties from gas wells, the federal district court for the Western District of Oklahoma awarded attorney fees to class counsel and an incentive award to the lead plaintiff to be paid out of the common fund shared by class members. The court rejected claims by two objectors, and they appealed. Finding the district court failed to compute attorney fees under the lodestar method, as required by Oklahoma law in this diversity case, and the incentive award was unsupported by the record, the Tenth Circuit reversed and remanded. View "Chieftain Royalty v. Enervest Energy" on Justia Law

Plaintiff Bridgette Marlow sued her employer The New Food Guy, Inc., d/b/a Relish Catering, under the Fair Labor Standards Act (FLSA). The FLSA required employers to pay a minimum wage of $7.25 per hour, plus time and a half for overtime. Relish paid Ms. Marlow $12 an hour and $18 an hour for overtime. Despite this, Marlow claimed Relish was obligated to turn over to her a share of all tips paid by catering customers. She relied on the tip-credit provision of the FLSA, which was directed to employers who satisfy their minimum-wage obligations in part with tips retained by their employees, and on a regulation promulgated by the Department of Labor (DOL) purportedly interpreting that provision. The Tenth Circuit was not persuaded by this argument, finding the tip-credit provision does not apply in this case and that the regulation was beyond the DOL’s authority. The law’s “silence” about employers who decline the tip credit was no “gap” for an agency to fill. Instead, the text limits the tip restrictions in the statute to those employers who take the tip credit, leaving the DOL without authority to regulate to the contrary. View "Marlow v. The New Food Guy, Inc." on Justia Law

In response to a request from the Quapaw Tribe, the National Indian Gaming Commission (NIGC) Acting General Counsel issued a legal opinion letter stating that the Tribe’s Kansas trust land was eligible for gaming under the Indian Gaming Regulatory Act (IGRA). The State of Kansas and the Board of County Commissioners of the County of Cherokee, Kansas, filed suit, arguing that the letter was arbitrary, capricious, and erroneous as a matter of law. The district court concluded that the letter did not constitute reviewable final agency action under IGRA or the Administrative Procedure Act (“APA”). The Tenth Circuit affirmed: the IGRA’s text, statutory scheme, legislative history, and attendant regulations demonstrated congressional intent to preclude judicial review of legal opinion letters. Further, the Acting General Counsel’s letter does not constitute final agency action under the APA because it did not determine any rights or obligations or produced legal consequences. In short, the letter merely expresses an advisory, non-binding opinion, without any legal effect on the status quo ante. View "Kansas v. National Indian Gaming Comm'n" on Justia Law

Plaintiff Abigail Ross was allegedly raped by a fellow student at the University of Tulsa. The alleged rape led plaintiff to sue the university for money damages under Title IX of the Education Amendments Act of 1972. The trial court granted summary judgment in favor of the University of Tulsa, and plaintiff appealed. On the first theory, the dispositive issue was whether a fact-finder could reasonably infer that an appropriate person at the university had actual notice of a substantial danger to others. On the second theory, there was a question of whether a reasonable fact-finder could characterize exclusion of prior reports of the aggressor's sexual harassment as "deliberate indifference." The Tenth Circuit concluded both theories failed as a matter of law: (1) campus-security officers were the only university employees who knew about reports that other victims had been raped, and a reasonable fact-finder could not infer that campus-security officers were appropriate persons for purposes of Title IX; (2) there was no evidence of deliberate indifference by the University of Tulsa. View "Ross v. University of Tulsa" on Justia Law

Plaintiffs were families with children enrolled in the Douglas County School District RE-1 (“DCSD”) and the American Humanist Association (“AHA”). Plaintiffs filed suit challenging various DCSD practices as violations of the Establishment Clause and the Equal Access Act (“EAA”), contending DCSD engaged in a pattern and practice of promoting Christian fundraising efforts and permitting faculty participation in Christian student groups. The Tenth Circuit found most of the plaintiffs failed to demonstrate that they or their children experienced “personal and unwelcome contact with government-sponsored religious” activities. Furthermore, they failed to demonstrate their case for municipal taxpayer standing because they could not show expenditure of municipal funds on the challenged activities. The sole exception is plaintiff Jane Zoe: she argued DCSD violated the Establishment Clause when school officials announced they were “partnering” with a Christian student group and solicited her and her son for donations to a “mission trip.” The district court held that because Zoe’s contacts with the challenged actions were not conspicuous or constant, she did not suffer an injury for standing purposes. The Tenth Circuit found "no support in our jurisprudence" for the contention that an injury must meet some threshold of pervasiveness to satisfy Article III. The Court therefore concluded Zoe had standing to seek retrospective relief. View "American Humanist Assoc. v. Douglas County School District" on Justia Law

Plaintiff-appellant Mary Anne Sause filed suit under 42 U.S.C. 1983, alleging that defendants Officers Lee Stevens and Jason Lindsey violated her rights under the First Amendment stemming from a noise complaint investigation emanating from plaintiff's residence. The district court dismissed plaintiff's complaint with prejudice for failure to state a claim. Because plaintiff failed to demonstrate that the contours of the right at issue were clearly established, the Tenth Circuit agreed with the district court that the defendants were entitled to qualified immunity. And the Court likewise agreed that allowing plaintiff leave to amend her complaint would have been futile. Accordingly, the Court affirmed the district court’s order to the extent that it dismissed with prejudice plaintiff's claims for money damages. But because the Court concluded that plaintiff lacked standing to assert her claims for injunctive relief, the Tenth Circuit reversed in part and remanded with instructions to dismiss those claims without prejudice. View "Sause v. Bauer" on Justia Law

The district court did not err in holding that plaintiffs Stanley and Zinaida Pohl were precluded from asserting a claim to rescind the foreclosure sale of their home, based on their lender’s alleged violations of the Truth in Lending Act (TILA). In May 2007 the Pohls refinanced the loan on their Denver home, securing the loan with a deed of trust. In 2008 they ran into financial difficulties, however, and in 2009 they went into default on the loan. In March 2010, believing that their lender had failed to make TILA-required disclosures, the Pohls delivered a notice of intent to rescind the loan. The lender responded that it would “exercise all appropriate remedies under the promissory note and security instrument in the event of the Borrower’s default.” In June 2011 the deed of trust was assigned to U.S. Bank, as trustee for a certain mortgage loan trust, and in July 2011 U.S. Bank commenced foreclosure proceedings. The Pohls promptly filed for Chapter 7 bankruptcy. In November 2011 the bankruptcy court granted U.S. Bank’s motion to lift the automatic stay as to the property so it could continue the foreclosure proceedings. It also granted the Pohls a discharge. In August 2012 the Pohls and a third party filed in Colorado state court a “Complaint to Quiet Title" alleging they had tendered a valid instrument in payment of the note, which U.S. Bank had rejected. U.S. Bank moved for dismissal of that action for failure to state a claim upon which relief could be granted. The state district court granted the motion and dismissed the action. The Pohls’ bankruptcy case was closed in December 2012. The property was sold in a foreclosure sale in January 2013, with U.S. Bank the highest bidder. The Pohls then filed suit that came before the Tenth Circuit Court of Appeals, still seeking to rescind the 2013 foreclosure in light of the 2010 notice of their intent to rescind to loan. The Pohls' motion was denied, with the district court finding the Pohls' claims were precluded because they could have used the state litigation to challenge the lender's failure to follow the TILA recission process. The Tenth Circuit found no error in that judgment, and affirmed. View "Pohl v. US Bank" on Justia Law

Three appeals arose from two cases that concerned the passage, implementation, and alleged effects of Amendment 64 to the Colorado Constitution, Colo. Const. art. XVIII, section 16. Amendment 64 repealed many of the State’s criminal and civil proscriptions on “recreational marijuana,” and created a regulatory regime designed to ensure that marijuana was unadulterated and taxed, and that those operating marijuana-related enterprises were, from the State’s perspective, licensed and qualified to do so. The three appeals at issue and two related motions to intervene raised four principal disputes stemming from the alleged conflict between the federal Controlled Substances Act (CSA), under which manufacturing, distributing, selling, and possessing with intent to distribute marijuana remained illegal in Colorado. Essentially, the parties disputed whether Amendment 64 was preempted by the CSA. The Tenth Circuit's conclusions regarding the preemption claims did not require it to reach that question. The Court therefore did not decide whether the CSA preempted any aspect of Amendment 64, or Colorado and Pueblo County’s laws or regulations. The Court affirmed in part and reversed in part on the three appeals, and remanded for further proceedings. View "Safe Streets v. Alternative Holistic" on Justia Law