Gordon Rees Scully Mansukhani Partner Christopher R. Jones, Of Counsel Jack R. Mann, and Of Counsel Jaime Wiesenfeld secured an appellate victory for a leading national restaurant brand before the U.S. Court of Appeals for the Tenth Circuit, affirming the dismissal of all claims brought by a plaintiff in a complex multi-defendant commercial dispute.
The plaintiff had brought wide-ranging claims, including breach of contract, tortious conduct, and violations of consumer protection statutes, alleging that he was unfairly denied access to a national IT job platform due to alleged actions by the defendants. The trial court dismissed the claims with prejudice, and the Tenth Circuit upheld the decision in full, rejecting all of the plaintiff’s arguments on appeal.
The appellate court’s opinion adopted key procedural and substantive defenses advanced at both the district court and appellate levels. These included the absence of any contractual relationship between the plaintiff and the restaurant client, the inapplicability of consumer protection statutes, and the untimeliness of tort claims under New Mexico’s statute of limitations. The court also enforced the “firm waiver rule” to bar appellate review of unpreserved objections, demonstrating the value of precise procedural enforcement.
This result underscores the strength of the GRSM team’s advocacy at every stage of the case. Their early motion practice, clear briefing, and persuasive appellate strategy helped achieve a complete defense win without the need for oral argument.
The outcome further exemplifies the firm’s commitment to protecting its clients from unfounded litigation and highlights its ability to navigate both procedural and substantive defenses at the appellate level with precision and success.