A federal appeals court’s recent dismissal of sexual harassment claims on summary judgment has the plaintiff’s attorney concerned about the potential abuse of motions practice in the 10th Circuit going forward.

On Nov. 2, a three-judge panel of the U.S. District Court for the 10th Circuit—consisting of Judges Scott Matheson Jr., Mary Beck Briscoe and Allison Eid—affirmed a New Mexico district court’s grant of summary judgment in favor of a Texas-based pipeline construction company.