Articles Posted in US Court of Appeals for the Tenth Circuit

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This appeal arose from a grant of summary judgment against Plaintiff-Appellant Parker Excavating, Inc. (“PEI”) on its civil rights claim against Defendants-Appellees Lafarge West, Inc. (“Lafarge”), Martin Marietta Minerals, Inc. (“MMM”), and Nick Guerra, an employee of Lafarge and MMM. Lafarge, a construction company, was the primary contractor on a paving project for Pueblo County, Colorado (“the County”). PEI, a Native American-owned construction company, was a subcontractor for Lafarge. MMM replaced Lafarge as the primary contractor. PEI’s participation in the project was terminated before it entered into a new subcontract with MMM. PEI alleged Lafarge retaliated against it with a letter of reprimand and a demand to sign letters of apology after PEI Vice President Greg Parker complained that County employees discriminated against PEI on the basis of its Native American ownership. In separate orders, the district court granted summary judgment on PEI’s 42 U.S.C 1981 retaliation claim to: (1) MMM and Guerra, because PEI could not show its opposition to County employees’ discrimination was “protected” opposition under section 1981; and (2) Lafarge, because PEI could not show Lafarge took an adverse action against it. Finding no reversible error, the Tenth Circuit affirmed. View "Parker Excavating v. LaFarge West" on Justia Law

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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