Weir v Darden Restaurants
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Weir v. Darden Restaurants is an employment and wage case in which the Tenth Circuit affirmed dismissal and denial of leave to amend on October 9, 2026. The appellate court also identified significant misrepresentations in the self-represented appellant’s brief that appeared to stem from misuse of generative AI, and warned about sanctions for future misuse.[1]
Underlying claims and district-court proceedings
Godfrey Weir initiated the District of Utah action in early 2026. He alleged that his employer failed to pay $172.94 in wages on or about September 12, 2014, asserting claims under the Fair Labor Standards Act and Utah Payment of Wages Act. His proposed amended complaint added Title VII discrimination and retaliation claims.[1]
The appellate order recounts that the magistrate judge screened the complaint under 28 U.S.C. § 1915(e)(2)(B) because Weir proceeded in forma pauperis. The district court adopted the recommendation to dismiss the FLSA claim as time-barred, decline supplemental jurisdiction over the Utah claim, and deny amendment because the Title VII claim was insufficiently pleaded. It also concluded that a Title VII claim would be untimely.[1]
October 9, 2026 appellate decision
The Tenth Circuit held that the district court sufficiently conducted de novo review of the magistrate judge’s recommendation. Weir’s brief failed to address the dismissal’s grounds, waiving challenges to them. The panel declined to consider new allegations, claims and theories raised for the first time on appeal, affirmed the judgment, and denied his motion for expedited review and disposition as moot.[1]
In footnote 2, the panel identified nonexistent case citations, misquotes of existing cases, misattributed holdings, and false representations that new allegations and claims had been raised below. It said these misrepresentations appeared to stem from misuse of generative AI and were sanctionable. The court declined to consider sanctions at that time and warned that future misuse in its proceedings may result in sanctions.[1]
The order is nonprecedential, except under law of the case, res judicata and collateral estoppel, and may be cited for persuasive value.[1]