On Friday, July 11, 2014, the Tenth Circuit released new three decisions.
In Paycom Payroll LLC v. Richison, No. 13-6181, the Tenth Circuit reviewed a Special Master’s report adopted by the district court regarding copyright infringement of computer software code. The Tenth Circuit held that when comparing the protectable elements of a plaintiff’s work to a defendant’s work, it is useful to apply the “abstraction-filtration-comparison test.” In this case, the Special Master failed to document the application of each step of the test and apparently suffered from the “misconception that an infringement analysis begins and ends with ‘copying in fact.'” The court vacated the order adopting the Special Master’s report and remanded with instructions for the district court to request a more thorough report. (W.D. Okla.)
In Wagner v. Bank of America, Corp., No. 13-1347 (unpublished), the Tenth Circuit affirmed the district court’s order granting summary judgment in favor of the defendant. Plaintiff asserted wrongful discharge in violation of public policy under Colorado law. The plaintiff contended she was fired in retaliation for reporting alleged Uniform Standards of Professional Appraisal Practice (USPAP) violations by her co-workers. The defendant contended she was terminated for combative and insubordinate communications. The plaintiff’s only evidence of the defendant’s improper motive was temporal proximity. With a gap of more than three months between the plaintiff’s final report and her termination, along with the undisputed insubordinate communications that occurred in the interim, the Tenth Circuit held that resolution of the case by summary judgment was proper. (D. Colo.)
The court also released one published criminal opinion.
Colorado Appeals 