13 results for 'judge:"Hartz"'.
J. Hartz finds that the lower court properly ruled against a former assistant principal who claimed that her school district retaliated against her and took away many of her duties and responsibilities after she reported a student-on-student sexual assault at school. She could not prove that any of the actions taken against her after the incident were pretextual, and regardless of that, reporting a student-on-student sexual assault is not considered an activity protected from retaliation by Title VII. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: February 23, 2024, Case #: 23-3004, Categories: Education, Employment Retaliation
J. Hartz finds that the lower court improperly dismissed civil rights claims against Oklahoma State University from a free speech advocacy group that sought to challenge new schoolwide policies that they claimed chilled free speech. The lower court tossed their suit on the grounds that the three student members they were representing decided to proceed in the case as anonymous persons, stating that the group lacked standing as a result. But the Supreme Court opinion they relied on to make those findings did not make anonymity an issue and there was "no hint, much less an emphatic statement," that the opinion in question was setting a precedent that anonymous persons could not have standing to bring claims such as this. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: February 9, 2024, Case #: 23-6054, Categories: Civil Rights, Education, First Amendment
J. Hartz finds that the lower court properly tossed civil rights claims from a man who was suing, pro se, the U.S. Marshal Service based on alleged excessive force during an arrest. The man rests his claims on a 1971 Supreme Court ruling in "Bivens v. Six Unknown Agents," which found that federal agents could be held liable for damages in the event of unreasonable force during an arrest, but that ruling has since become a "relic of the 20th century." Under current precedent, there is no avenue for the individual in this case to recover damages. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: February 5, 2024, Case #: 23-7008, Categories: Civil Rights, Police Misconduct
J. Hartz finds that the lower court improperly granted summary judgment to Love's, a gas station and travel stop company, in its contract dispute with a company that helps other businesses with economic development incentives. The dispute stems from a tax assessment on a diesel facility project Love's requested help with, an assessment which the other company claims entitles it to a fee under the parties' agreement. Love's disputes the fee and the lower court sided them with on their contract claim, but there remain questions on the record that preclude summary judgment. It is still unclear if the tax assessment for the project was the product of efforts from the other company or if the assessment was simply the result of an assessor's interpretation of local tax law. Reversed in part.
Court: 10th Circuit, Judge: Hartz, Filed On: January 17, 2024, Case #: 22-6170, Categories: Tax, Contract
J. Hartz finds that the lower court properly ruled in favor of Denver Public Schools regarding employment claims from a former employee who says she was fired in retaliation for voicing concerns about reportedly racist comments made during a hiring process for another prospective employee. There were valid reasons for her firing due to instances of unprofessionalism in the workplace, and she didn't bring forward any proof that those who fired her were aware of her protected activity. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: December 22, 2023, Case #: 22-1408, Categories: Employment, Employment Retaliation
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J. Hartz finds that the lower court improperly denied a motion from an investigative services company seeking to compel arbitration in an overtime wages dispute with its employees. Under an "Arbitrator Decides Clause" in the relevant agreement, it is up to an arbitrator, not the court, to resolve the question of whether the employment agreement can be applied to the current dispute. The court as well incorrectly certified a class of employees in the dispute, so the class is vacated while the matter proceeds to arbitration. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: October 3, 2023, Case #: 22-1168, Categories: Arbitration, Employment, Class Action
J. Hartz finds that the lower court improperly tossed insurance contract claims in a life insurance beneficiary dispute in which the ex-wife seeks a portion of her deceased ex-husband's life insurance proceeds despite the fact that he was remarried at the time of his death. The lower court improperly found that the ex-wife failed to state a claim and dismissed her complaint. There was a Missouri divorce decree between the first wife and the husband that required him to maintain a $100,000 life insurance policy for her until other obligations were fulfilled, which never happened. This leaves several questions before the record to be answered, and gives the first wife a basis to state a claim. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: August 28, 2023, Case #: 22-1099, Categories: Insurance
J. Hartz finds that the lower court properly convicted defendant of possession of child pornography. Defendant claims that prosecutors made a series of errors during trial, such as preventing statements by his brother and allowing the government to present improper evidence of other types of pornography on his devices, but none of these alleged errors come close enough to justifying reversal. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: August 21, 2023, Case #: 22-5060, Categories: Prosecutorial Misconduct, Sex Offender
J. Hartz finds that the lower court properly sentenced and convicted defendant of manslaughter. Defendant claims his sentence is unreasonable and that he was stripped of using a self-defense strategy during trial due to the nature of Oklahoma's law on voluntary manslaughter, but the court properly applied federal law, making the state law irrelevant. Also, there is nothing found in defendant's 96-month sentence that is unreasonable enough to warrant a reduction. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: August 7, 2023, Case #: 22-7027, Categories: Sentencing, Manslaughter, Due Process
J. Hartz finds that the lower court improperly found in favor of an individual, who once owned the only Kentucky Fried Chicken restaurant in Pueblo, Colorado, after he sued KFC with bad faith claims when the company licensed a second KFC in Pueblo. The individual says the fast food giant broke a contract in how it went about licensing the second location, but his claims are barred by Kentucky law because none of the company's actions served to "undermine any benefit or protection" the individual had in his own franchise agreement. Vacated.
Court: 10th Circuit, Judge: Hartz, Filed On: August 4, 2023, Case #: 22-1017, Categories: Contract
J. Hartz finds that the lower court properly issued an award of attorney fees and other sanctions in a debt collection dispute. An attorney involved in the dispute raises several issues on appeal regarding the award, such as that the lower court improperly applied the law as it relates to fees due to sanctioned attorney’s multiplication of proceedings. None of these claims have merit, though the matter is remanded for the reduction of a single fee included in the award. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: July 13, 2023, Case #: 22-1266 , Categories: Debt Collection, Attorney Fees
J. Hartz finds that the lower improperly issued a judgment in favor of a poultry company in a class securities dispute that alleged the company made a series of misleading statements to investors regarding its business operations and other financial results data. The lower court dismissed the second amended complaint but did not first properly address its sufficiency and improperly found it was barred by the statute of repose. The matter is remanded for further proceedings on the sufficiency of the amended complaint. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: July 13, 2023, Case #: 21-1445, Categories: Civil Procedure, Securities, Class Action
J. Hartz finds that the lower court properly denied a motion for temporary relief filed by activists looking to halt a mining expansion for the King II Mine in La Plata County, Colorado. The groups have not shown that they are likely to succeed on the merits of their claims, so their TRO request could not be granted.
Court: 10th Circuit, Judge: Hartz, Filed On: June 12, 2023, Case #: 22-1056, Categories: Environment, Restraining Order