9 results for 'judge:"Rossman"'.
J. Rossman vacates in part an award of attorney fees in an underlying class action over underpaid oil and gas royalties. The class in question did not get proper notice of the original 2018 motion for attorney fees, so fees related to that are vacated until a class-wide notice has been released and a new objection period to the fees can begin. Vacated in part.
Court: 10th Circuit, Judge: Rossman, Filed On: May 1, 2024, Case #: 22-6125, Categories: Attorney Fees, Class Action, Contract
J. Rossman finds that the lower court properly sentenced defendant for a felony firearm possession conviction. Defendant claims that the lower court incorrectly applied a two-level enhancement to his sentence, which the lower court said was due to his "reckless endangerment during flight." There is body camera footage of defendant's attempt to flee law enforcement that shows him running in front of an occupied vehicle, as well as his gun going off during the encounter, that support the lower court's findings of reckless endangerment. Affirmed.
Court: 10th Circuit, Judge: Rossman, Filed On: April 5, 2024, Case #: 22-4096, Categories: Firearms, Sentencing
J. Rossman finds that the lower court properly sentenced defendant on two counts of deprivation of rights for mistreating detainees while working as a correctional officer. He claims his sentence is unreasonable and that the lower court should have granted him a downward sentencing variance because of his community ties and lack of criminal record. While the lower court had the discretion to do so, it also had the discretion to decline the downward variance. Affirmed.
Court: 10th Circuit, Judge: Rossman, Filed On: February 28, 2024, Case #: 22-6203, Categories: Sentencing
J. Rossman finds that the lower court improperly found in favor of the Utah Department of Corrections regarding a former employee's failure-to-accommodate claim. The former employee is missing his second and fifth digits on each hand and claims that the department, which hired him with full awareness of his disability, refused to comply with his accommodation request for a different model of handgun that he could more easily handle. While the lower court did properly rule in favor of the department on his disparate-treatment and retaliation claims stemming from the request, his failure-to-accommodate claim should have been allowed to proceed given that it was a "plausibly reasonable" request and was connected to a key feature of his job responsibilities. Affirmed in part.
Court: 10th Circuit, Judge: Rossman, Filed On: December 4, 2023, Case #: 21-4127, Categories: Employment, Employment Discrimination
J. Rossman finds that the lower court properly denied qualified immunity to a group of police officers in a police misconduct suit brought by a protester who was hit in the head and knocked unconscious with a beanbag round while attending a protest over the death of George Floyd. The officers claim that their move to fire beanbag rounds into the crowd of demonstrators was called for because a tear gas canister, which was thrown by police into the crowd, was kicked back in their direction. The officers were equipped with gas masks and other gear that protected them from the gas, so a reasonable jury could find that the officers' decision to fire beanbag rounds was uncalled for and that the demonstrators' rights were violated. Affirmed.
Court: 10th Circuit, Judge: Rossman, Filed On: November 14, 2023, Case #: 22-1365, Categories: Immunity, Police Misconduct
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J. Rossman finds that the lower court improperly struck down elements of a Wyoming statute that, among other things, bans electioneering within 300 feet of a polling place on an election day. The lower court found that the 300-foot "buffer zone" on election day was unconstitutional, and also ruled that a ban on political bumper stickers in that zone on election day was also unlawful. But the manner in which the statute is written allows it to be capable of "reasoned application" and does not infringe on First Amendment rights. Also, the case is remanded for further findings on the constitutionality of a similar buffer zone related to being within 100 feet of an absentee polling place. Reversed in part.
Court: 10th Circuit, Judge: Rossman, Filed On: October 23, 2023, Case #: 21-8060, Categories: Civil Rights, Elections, First Amendment
J. Rossman finds that the lower court improperly sentenced defendant on his drug conviction. While the lower court properly imposed a firearms enhancement on his sentence, defendant was wrongfully denied a "safety-valve" reduction that he was eligible for due to not knowing about a firearm found in a mobile home. His sentence needs to be recalculated as a result. Reversed in part.
Court: 10th Circuit, Judge: Rossman, Filed On: September 26, 2023, Case #: 21-7054, Categories: Drug Offender, Sentencing
J. Rossman finds that the lower court properly tossed class ERISA claims brought by employees who alleged the company did not properly manage the ERISA plan and breached its duty by offering high-cost funds and charging unfairly high fees. The evidence on the record shows there was nothing unreasonable about the fees and that the company did not violate its fiduciary duties in how it administered the plan or kept its record books. Affirmed.
Court: 10th Circuit, Judge: Rossman, Filed On: September 6, 2023, Case #: 22-4045, Categories: Erisa, Class Action
J. Rossman denies a petition from environmentalists seeking to challenge a final rule issued by the EPA that endorsed Utah's move to adopt alternative measures to control visibility-impairing emissions at a series of power plants. The groups allege the alternative means do not meet national air quality visibility goals and that the EPA did not consider certain comments during the rulemaking process. The record shows the EPA considered all relevant factors to ensure compliance with federal regulations and properly responded to concerns raised during the rulemaking process.
Court: 10th Circuit, Judge: Rossman, Filed On: August 14, 2023, Case #: 21-9509, Categories: Environment, Agency