PHILLIPS , Circuit Judge . The False Claims Act imposes liability on any person who knowingly defrauds the federal government. See 31 U.S.C. 3729(a). The Act includes a provision protecting whistleblower employees from specified retaliatory acts by their employer. 31 U.S.C. 3730(h)(1)-(2). We now consider whether this anti-retaliation statute applies when no retaliatory discrimination occurs until after employment ends. We conclude that it does not. Exercising jurisdiction under 28 U....
HARTZ , Circuit Judge . Richard Grissom, a prisoner in the custody of the Kansas Department of Corrections, brought suit under 42 U.S.C. 1983 against a number of state corrections and prison officials (collectively the Prison Officials), alleging violations of his constitutional rights stemming from his lengthy placement in solitary confinement. The district court granted summary judgment against Grissom, and he appeals. Exercising jurisdiction under 28 U.S.C. 1291, we affirm. The...
McHUGH , Circuit Judge . Several years after a tank car spill accident, Larry D. Lincoln and Brad C. Mosbrucker (collectively "Appellants") advised BNSF Railway Company ("BNSF") that medical conditions attributable to the accident rendered them partially, permanently disabled and prevented them from working outdoors. Upon learning of Appellants' alleged medical conditions, BNSF removed Appellants from service as Maintenance of Way ("MOW") workers purportedly due to safety concerns and...
ORDER This matter is before the court on the appellants' Petition for Rehearing En Banc. We also have a response from the appellees. Upon consideration, a majority of the original panel members grant panel rehearing in part and only to the extent of the limited changes made to the attached revised opinion. Panel rehearing is otherwise denied. The Clerk is directed to file the amended decision, with the original separate writing from Judge McHugh, effective the date of this order. In...
BRISCOE , Circuit Judge . This is a qui tam action alleging violations of the False Claims Act ("FCA"), 31 U.S.C. 3729-33, involving fraudulent reimbursements under the Medicare Act, 42 U.S.C. 1395-1395ccc. Plaintiff Gerald Polukoff, M.D., is a doctor who worked with Defendant Sherman Sorensen, M.D. After observing some of Dr. Sorensen's medical practices, Dr. Polukoff brought this FCA action, on behalf of the United States, against Dr. Sorensen and the two hospitals where Dr....
HARTZ , Circuit Judge . Employees' Retirement System of the State of Rhode Island (Plaintiff) appeals the dismissal of its amended complaint (the Complaint) in a putative class-action suit. It alleges violations of federal securities law because of the failure to disclose merger discussions that affected the value of its investment. Exercising jurisdiction under 28 U.S.C. 1291, we affirm. The Complaint fails to adequately allege facts establishing a duty to disclose the discussions,...
MATHESON , Circuit Judge . On March 22, 2011, Hutchinson, Kansas police officers responded to a reported armed hostage situation and arrested DeRon McCoy, Jr. The officers brought him to the ground, struck him, and rendered him unconscious with a carotid restraint maneuver. While he was unconscious, they handcuffed his arms behind his back, zip-tied his legs together, and moved him into a seated position. As he regained consciousness, the officers resumed striking him and placed him into a...
KELLY , Circuit Judge . Plaintiff-Appellant Market Synergy Group appeals from the district court's judgment in favor of Defendant-Appellee United States Department of Labor. Having jurisdiction under 28 U.S.C. 1291, we affirm. Background This case stems from the Department of Labor's (DOL) final regulatory action on April 8, 2016, as it applies to fixed indexed annuity (FIA) sales. See Amendment to and Partial Revocation of Prohibited Transaction Exemption (PTE) 84-24 for Certain...
MATHESON , Circuit Judge . Paul E. Knopf, the former Director of the Planning and Development Department ("City Planner") in Evanston, Wyoming ("City"), sued Mayor Kent Williams under 42 U.S.C. 1983. Mr. Knopf alleged that Mayor Williams retaliated against him for exercising his First Amendment rights. He claimed Mayor Williams did not reappoint him to his position as City Planner because he had sent an email to the City Attorney raising concerns about impropriety relating to a City...
BACHARACH , Circuit Judge . This appeal grew out of the firing of Mr. Carl Genberg, an executive for Ceragenix Corporation. Mr. Genberg allegedly suspected misconduct by Ceragenix's Board of Directors. When he acted on these alleged suspicions, he was fired. Mr. Genberg then sued Ceragenix's Chief Executive Officer, Mr. Steven Porter, for • retaliation under the Sarbanes-Oxley Act of 2002 and • defamation under Nevada law. The district court granted summary judgment to Mr. Porter on...
MORITZ , Circuit Judge . Malik Hasan ordered wine from Premier Cru Fine Wines (Premier Cru) and paid with credit cards issued by Chase Bank USA, N.A. (Chase) and American Express Centurion Bank (AmEx). Premier Cru declared bankruptcy while Hasan was still waiting for delivery of wine that he paid nearly $1 million for. Hasan asserts that under a provision of the Fair Credit Billing Act (FCBA), 15 U.S.C. 1666-66j, Chase and AmEx must refund his accounts the amount he paid for wine that...
McHUGH , Circuit Judge . This civil rights class action lawsuit was filed thirty years ago to challenge various aspects of the institutionalization of developmentally disabled individuals at two state-supported facilities in New Mexico. After a lengthy trial in 1990, the district court ruled that Defendants — the two institutions and the individuals charged with their operation — were violating class members' federal constitutional and statutory rights. The district court ordered the...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT May 30, 2018 _ Elisabeth A. Shumaker Clerk of Court JOHN B. KERN, Petitioner, v. No. 18-9525 (SEC No. 3-15249) SECURITIES AND EXCHANGE (Petition for Review) COMMISSION, Respondent. _ ORDER AND JUDGMENT _ Before LUCERO, O’BRIEN, and MORITZ, Circuit Judges. _ John B. Kern, an attorney proceeding pro se, has petitioned for review of seven orders of the Securities and Exchange Commission (SEC)....
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 7, 2018 _ Elisabeth A. Shumaker Clerk of Court HARPREET SINGH, Petitioner, v. No. 18-9518 (Petition for Review) MATTHEW G. WHITAKER, Acting United States Attorney General, Respondent. _ ORDER AND JUDGMENT** _ Before LUCERO, KELLY, and PHILLIPS, Circuit Judges. _ Harpreet Singh petitions this court for review of the Board of Immigration Appeals’ (“BIA”) panel decision denying his...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT November 28, 2018 _ Elisabeth A. Shumaker Clerk of Court ONG VUE, Petitioner, v. No. 18-9517 (Petition for Review) MATTHEW G. WHITAKER, Acting United States Attorney General, Respondent. _ ORDER AND JUDGMENT** _ Before HOLMES, O’BRIEN, and CARSON, Circuit Judges. _ Pro se petitioner Ong Vue, a native and citizen of Laos, seeks review of the decision of the Board of Immigration Appeals (BIA)...
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FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT October 22, 2018 _ Elisabeth A. Shumaker Clerk of Court HELEGNER RAMON TIJERA MORENO, Petitioner, v. No. 18-9516 (Petition for Review) JEFFERSON B. SESSIONS, III, United States Attorney General, Respondent. _ ORDER AND JUDGMENT * _ Before HARTZ, BALDOCK, and HOLMES, Circuit Judges. _ Helegner Ramon Tijera Moreno, a native and citizen of Venezuela, petitions for review of a Board of...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 17, 2018 _ Elisabeth A. Shumaker Clerk of Court LEADER COMMUNICATIONS, INC., Petitioner, v. No. 18-9510 (FAA No. ODRA-17-812) FEDERAL AVIATION (Federal Aviation Administration) ADMINISTRATION, Respondent. - TETRA TECH AMT, INC., Intervenor - Respondent. _ ORDER AND JUDGMENT * _ Before BRISCOE, MURPHY, and McHUGH, Circuit Judges. _ Leader Communications, Inc. (LCI) has filed a...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT October 31, 2018 _ Elisabeth A. Shumaker Clerk of Court MEHRDAD NOORI HOSSAIN ABADI, Petitioner, v. No. 18-9509 (Petition for Review) JEFFERSON B. SESSIONS, III, United States Attorney General, Respondent. _ ORDER ON REHEARING* _ Before TYMKOVICH, Chief Judge, McKAY and MATHESON, Circuit Judges. _ Mr. Mehrdad Noori Hossain Abadi (Mr. Noori), a native and citizen of Iran, has filed a petition...
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT September 11, 2018 _ Elisabeth A. Shumaker Clerk of Court MEHRDAD NOORI HOSSAIN ABADI, Petitioner, v. No. 18-9509 (Petition for Review) JEFFERSON B. SESSIONS, III, United States Attorney General, Respondent. _ ORDER AND JUDGMENT* _ Before TYMKOVICH, Chief Judge, McKAY and MATHESON, Circuit Judges. _ Mr. Mehrdad Noori Hossain Abadi (Mr. Noori), a native and citizen of Iran, has filed a...
