2012 Tenth Circuit U.S. Court of Appeals Case Law

Opinions 1 - 500 of 1326

Jefferson County School v. Elizabeth E.
Date: December 28, 2012
Docket Number: 11-1334

Justia Opinion Summary: Defendant-Appellee Elizabeth E. was a student in the Jefferson County, Colorado school system with substantial behavioral and emotional issues for which she required special education under the Individuals with Disabilit...

Kirch v. Embarq Management Co.
Date: December 28, 2012
Docket Number: 11-3275

Justia Opinion Summary: Plaintiffs Kathleen and Terry Kirch appealed the district court's grant of summary judgment in favor of Defendants United Telephone Company of Eastern Kansas and Embarq Management Company (collectively "Embarq") on their...

Russell v. Astrue
Date: December 28, 2012
Docket Number: 11-6320

United States v. Washington
Date: December 28, 2012
Docket Number: 11-6339

Justia Opinion Summary: Defendant Cory Washington pled guilty to two firearms charges. Before sentencing, the government filed a notice of prior convictions to support a sentencing enhancement under the Armed Career Criminal Act (ACCA). The pro...

Blehm v. Jacobs, et al
Date: December 27, 2012
Docket Number: 11-1479

Justia Opinion Summary: Appellant Gary Blehm brought a copyright infringement action against Appellees Albert and John Jacobs and the Life is Good Company (collectively “Life is Good”). Appellant created copyrighted posters featuring cartoon ch...

Hill, et al v. Vanderbilt Capital Advisors, et al
Date: December 27, 2012
Docket Number: 11-2213

Justia Opinion Summary: Plaintiffs appealed an order that remanded this case to New Mexico state court. They originally filed an action against Vanderbilt Capital Advisors, LLC, two of its agents, and several New Mexico state officials in New M...

Byers v. Astrue
Date: December 27, 2012
Docket Number: 12-6095

Barlow, Jr. v. C.R. England Inc.
Date: December 26, 2012
Docket Number: 11-1465

Justia Opinion Summary: Plaintiff Willie Barlow, Jr., appealed the district court’s grant of summary judgment in favor of his former employer, C.R. England, Inc., on his claims for race discrimination, wrongful discharge in violation of Colorad...

Frontier State Bank Oklahoma v. FDIC
Date: December 26, 2012
Docket Number: 11-9529

Justia Opinion Summary: During routine examinations, the Federal Deposit Insurance Corporation (FDIC) raised an issue with Frontier State Bank Oklahoma City's use of a "leverage strategy" whereby the bank funded long-term investments with short...

United States v. Iqbal
Date: December 26, 2012
Docket Number: 12-3223

United States v. Jasso-Herrera
Date: December 26, 2012
Docket Number: 12-4173

Endriss v. Astrue
Date: December 26, 2012
Docket Number: 12-6126

United States v. Davis
Date: December 26, 2012
Docket Number: 12-6206

Tejeda-Acosta v. Holder
Date: December 26, 2012
Docket Number: 12-9503

Samuel v. City of Broken Arrow
Date: December 21, 2012
Docket Number: 11-5166

Diaz Mateo v. Holder
Date: December 21, 2012
Docket Number: 11-9599

Blake v. Webster
Date: December 21, 2012
Docket Number: 12-1129

Andrews v. Huber, et al.
Date: December 21, 2012
Docket Number: 12-1171

Block v. Astrue
Date: December 21, 2012
Docket Number: 12-6098

Harrison v. M-D Building Products, Inc.
Date: December 20, 2012
Docket Number: 11-6333

Evans v. The Bank of NY Trust Co., NA
Date: December 20, 2012
Docket Number: 12-1223

Lodgeworks, L.P. v. C.F. Jordan Construction, LLC
Date: December 20, 2012
Docket Number: 12-3074

United States v. Trent
Date: December 20, 2012
Docket Number: 12-6133

United States v. Galbreath
Date: December 20, 2012
Docket Number: 12-6163

Ibarra v. Holder
Date: December 20, 2012
Docket Number: 12-9545

Schwartz, et al v. Booker, et al
Date: December 19, 2012
Docket Number: 11-1583

Justia Opinion Summary: At issue in this interlocutory appeal was the scope of the special relationship doctrine and whether it would apply to the facts alleged to expose two human services employees to potential individual liability for the de...

The Estate of B.I.C., et al v. Gillen
Date: December 19, 2012
Docket Number: 11-3219

Justia Opinion Summary: This case arose from the death of a minor child, 23-month-old Brooklyn Coons (BIC) at the hands of her father's girlfriend. Plaintiffs-Appellants, Larry and Mary Crosetto and the Estate of BIC, filed an action alleging t...

Mahomed v. Holder
Date: December 19, 2012
Docket Number: 11-9562

Freeman v. Carroll
Date: December 19, 2012
Docket Number: 12-1057

Salazar v. On the Trail Rentals
Date: December 19, 2012
Docket Number: 12-1144

Fireman's Fund, et al v. Thyssen Mining Construction, et al
Date: December 19, 2012
Docket Number: 12-2021

Justia Opinion Summary: Plaintiffs Fireman's Fund Insurance Company and Zurich Insurance Company Ltd., as subrogees of Boart Longyear, Inc., sued Defendants Thyssen Mining Construction of Canada Ltd. and Mudjatik Thyssen Mining Joint Venture (M...

United States v. Gutierrez
Date: December 19, 2012
Docket Number: 12-3168

United States v. Lawton
Date: December 19, 2012
Docket Number: 12-3240

Gaff v. St. Mary's Regional Med. Ctr.
Date: December 19, 2012
Docket Number: 12-6064

United States v. Patton
Date: December 19, 2012
Docket Number: 12-6168

United States v. Jones
Date: December 18, 2012
Docket Number: 11-3104

Justia Opinion Summary: Defendant-Appellant Bruce M. Jones, II appealed a district court's denial of his motion to suppress evidence. He sought to suppress all evidence that Kansas law enforcement obtained from searches of his residence and veh...

Meadows at Buena Vista, Inc. v. AK Valley Publishing Company
Date: December 18, 2012
Docket Number: 12-1084

Ramone v. Bravo
Date: December 18, 2012
Docket Number: 12-2131

Stewart v. Beach
Date: December 18, 2012
Docket Number: 12-3013

Justia Opinion Summary: Appellant Sturgeon Stewart appealed a district court's judgment in favor of defendants on his claims under the First Amendment's Free Exercise Clause and the Religious Land Use and Institutionalized Persons Act of 2000....

United States v. Batts
Date: December 18, 2012
Docket Number: 12-3062

Kinney v. Department of Justice
Date: December 18, 2012
Docket Number: 12-3139

Kinney v. Blue Dot Services of Kansas
Date: December 18, 2012
Docket Number: 12-3205

Myers v. Jackson
Date: December 18, 2012
Docket Number: 12-3225

United States v. Huerta-Cesareo
Date: December 18, 2012
Docket Number: 12-4163

United States v. Ciocchetti
Date: December 18, 2012
Docket Number: 12-8053

Gammons v. City and County of Denver
Date: December 17, 2012
Docket Number: 11-1474

United States v. Santistevan
Date: December 17, 2012
Docket Number: 11-1534

Justia Opinion Summary: The government appealed a district court order granting Defendant-Appellee Manuel Santistevan's motion to suppress statements made after invoking the right to counsel. Defendant was indicted on three counts of interferen...

Gonzales v. City of Albuquerque
Date: December 17, 2012
Docket Number: 11-2248

Justia Opinion Summary: Plaintiffs-Appellants, eight operators and a supervisor at the City of Albuquerque's 311 Citizen Contact Center (CCC), appealed the grant of summary judgment in favor of Defendants-Appellees City of Albuquerque, Ed Adams...

United States v. Farr
Date: December 17, 2012
Docket Number: 11-6294

Justia Opinion Summary: Defendant Skoshi Farr was convicted by a jury of violating 26 U.S.C. 7201 for willfully failing to pay a trust fund recovery penalty that the Internal Revenue Service assessed against her after she, as the manager of an...

Apodaca v. Medina
Date: December 17, 2012
Docket Number: 12-1401

Porter v. Farmers Insurance Company
Date: December 17, 2012
Docket Number: 12-5025

Moore v. City of Oklahoma City
Date: December 17, 2012
Docket Number: 12-6022

Reinhart v. Reinhart
Date: December 14, 2012
Docket Number: 10-4075

Groberg v. Astrue
Date: December 14, 2012
Docket Number: 11-4173

United States v. Marquez-Reveles
Date: December 14, 2012
Docket Number: 12-1306

Swain v. Seaman
Date: December 14, 2012
Docket Number: 12-2147

Jet Capital v. United States
Date: December 14, 2012
Docket Number: 12-5018

United States v. Neal
Date: December 13, 2012
Docket Number: 12-1032

United States v. Torres
Date: December 13, 2012
Docket Number: 12-1197

Monarque v. Garcia
Date: December 12, 2012
Docket Number: 12-2016

Burke v. Corrections Corp. of America
Date: December 12, 2012
Docket Number: 12-3033

United States v. Jones
Date: December 12, 2012
Docket Number: 12-4021

Gallego-Arroyave v. Holder
Date: December 12, 2012
Docket Number: 12-9537

Daniels v. United Parcel Service, Inc.
Date: December 11, 2012
Docket Number: 11-3211

Justia Opinion Summary: Plaintiff-Appellant Regina Daniels, a former United Parcel Service (UPS) dispatcher who worked in UPS's Kansas City, Kansas facility, brought suit against the company alleging discrimination based on her sex and age. The...

Hancock v. American Telephone & Telegraph Company, Inc.
Date: December 11, 2012
Docket Number: 11-6233

Justia Opinion Summary: Plaintiffs Gayen Hancock, David Cross, Montez Mutzig, and James Bollinger sought to represent a class of customers dissatisfied with "U-verse," a digital telecommunications service offered by Defendants AT&T and several...

United States v. Chatburn
Date: December 11, 2012
Docket Number: 12-1040

United States v. Race
Date: December 11, 2012
Docket Number: 12-1067

United States v. Villagrana
Date: December 11, 2012
Docket Number: 12-2122

Foust v. Jones
Date: December 11, 2012
Docket Number: 12-5111

United States v. Stover
Date: December 11, 2012
Docket Number: 12-6236

Cathey v. Jones
Date: December 11, 2012
Docket Number: 12-7031

Calbart v. Denver Sheriff Department
Date: December 10, 2012
Docket Number: 12-1156

Collins v. Jones
Date: December 10, 2012
Docket Number: 12-6042

United States v. Frazier
Date: December 10, 2012
Docket Number: 12-6055

Amartey v. Holder
Date: December 10, 2012
Docket Number: 12-9539

United States v. Caiba-Antele
Date: December 7, 2012
Docket Number: 11-2140

United States v. Handy
Date: December 7, 2012
Docket Number: 11-3246

Held v. Ferrellgas, Inc.
Date: December 7, 2012
Docket Number: 11-3344

United States v. Cox
Date: December 7, 2012
Docket Number: 11-4087

Landrith v. Gariglietti
Date: December 7, 2012
Docket Number: 12-3048

Monge v. RG Petro-Machinery, et al
Date: December 7, 2012
Docket Number: 12-6009

Justia Opinion Summary: In 2007, employees of Richard Energy traveled to China and arranged with Chinese manufacturer RG Petro to purchase rigs that are used to repair oil wells. Richard Energy took possession of the rigs in China and exported...

United States v. Peraza
Date: December 7, 2012
Docket Number: 12-6173

Mozingo v. Trend Personnel Services
Date: December 6, 2012
Docket Number: 11-3284

Wilkinson v. Bode
Date: December 6, 2012
Docket Number: 11-6208

United States v. Green
Date: December 6, 2012
Docket Number: 11-6321

Calbart v. Sauer
Date: December 6, 2012
Docket Number: 12-1157

Lopez v. Trani
Date: December 6, 2012
Docket Number: 12-1286

Cole v. Everett
Date: December 6, 2012
Docket Number: 12-1316

United States v. Altamirano-Quintero
Date: December 6, 2012
Docket Number: 12-1359

Wade v. Regional Director, IRS
Date: December 5, 2012
Docket Number: 11-4184

United State v. Wells
Date: December 5, 2012
Docket Number: 11-4212

United States v. Tillman
Date: December 5, 2012
Docket Number: 11-8018

Rooker v. Ouray County
Date: December 5, 2012
Docket Number: 12-1046

Kaiser v. Colorado Dept. of Corrections
Date: December 5, 2012
Docket Number: 12-1128

Bark v. Chacon
Date: December 5, 2012
Docket Number: 12-1169

United States v. McAllister
Date: December 5, 2012
Docket Number: 12-1387

Friesen v. Seacoast Capital Partners
Date: December 5, 2012
Docket Number: 12-3099

Tinner v. Foster
Date: December 5, 2012
Docket Number: 12-3201

Karp v. Garrett
Date: December 4, 2012
Docket Number: 11-1548

Coffey v. McKinley County
Date: December 4, 2012
Docket Number: 11-2245

Rueb v. Brown
Date: December 4, 2012
Docket Number: 12-1117

Tinner v. Farmers Insurance Company
Date: December 4, 2012
Docket Number: 12-3115

Clay v. Jones
Date: December 4, 2012
Docket Number: 12-6182

Aguilar-Aguilar v. Holder
Date: December 3, 2012
Docket Number: 11-9565

Justia Opinion Summary: In August 2010, the Department of Homeland Security (DHS) commenced "regular" removal proceedings against Petitioner Antonio Aguilar-Aguilar, a citizen of Mexico. In response to the Notice to Appear (NTA), Petitioner con...

Brainard v. BAC Home Loans Servicing
Date: December 3, 2012
Docket Number: 12-1159

Hill v. Daniels
Date: December 3, 2012
Docket Number: 12-1162

Fundamental Admin Services LLC v. Patton
Date: December 3, 2012
Docket Number: 12-2014

Solomon v. HSBC Mortgage Corp.
Date: December 3, 2012
Docket Number: 12-6118

Ochoa v. Trammell
Date: December 3, 2012
Docket Number: 12-6310

Martinez-Carbajal v. Holder
Date: December 3, 2012
Docket Number: 12-9512

United States v. Schoenherr
Date: November 30, 2012
Docket Number: 12-3032

Sawyer v. Burke
Date: November 30, 2012
Docket Number: 12-3228

United States v. Snider
Date: November 30, 2012
Docket Number: 12-6114

Shigemura v. United States
Date: November 30, 2012
Docket Number: 12-6229

Gurung v. Holder
Date: November 30, 2012
Docket Number: 12-9538

Leoff v. S and J Land Company
Date: November 29, 2012
Docket Number: 11-1293

Weeks v. McLaughlin
Date: November 29, 2012
Docket Number: 11-3215

Baker v. Allied Chemical Corporation
Date: November 29, 2012
Docket Number: 11-8110

Shrader v. Beann
Date: November 29, 2012
Docket Number: 12-1109

United States v. Sanchez
Date: November 29, 2012
Docket Number: 12-2088

McClelland v. Communitycare HMO, Inc.
Date: November 29, 2012
Docket Number: 12-5030

Hillside Environmental Loss, et al v. United States Army Corps, et al
Date: November 28, 2012
Docket Number: 11-3210

Justia Opinion Summary: This case concerned the construction of a new Burlington Northern Santa Fe (BNSF) rail/truck terminal outside Kansas City, Kansas. Because the preferred site contained streams and wetlands protected under federal law, se...

Satterfield v. Malloy
Date: November 28, 2012
Docket Number: 11-5144

Justia Opinion Summary: William Satterfield brought suit against Patrick J. Malloy III, the court-appointed trustee of Satterfield's Chapter 7 bankruptcy estate. The district court concluded that the suit was barred because Satterfield's claims...

Branham v. Standifird
Date: November 28, 2012
Docket Number: 11-6276

Castro v. Kondaur Capital Corporation
Date: November 28, 2012
Docket Number: 12-1087

Davis v. Zavaras
Date: November 28, 2012
Docket Number: 12-1106

United States v. Solarin
Date: November 28, 2012
Docket Number: 12-1274

Heartland Animal Clinic v. Heartland SPCA Animal Medical
Date: November 28, 2012
Docket Number: 12-3084

United States v. E.V.
Date: November 28, 2012
Docket Number: 12-3090

Jackson v. Standifird
Date: November 28, 2012
Docket Number: 12-5089

United States v. Wilson
Date: November 27, 2012
Docket Number: 11-1204

Harper v. Sanders
Date: November 27, 2012
Docket Number: 11-1439

Brown v. ScriptPro, LLC
Date: November 27, 2012
Docket Number: 11-3293

Justia Opinion Summary: Plaintiff-Appellant Frank Brown filed this action against his former employer Defendant-Appellee ScriptPro, LLC, alleging violations of the Family Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and Title...

United States v. Rodriguez-Hernandez
Date: November 27, 2012
Docket Number: 11-4147

Nichols v. Kansas Dept. of Corrections
Date: November 27, 2012
Docket Number: 12-3049

Buchheit v. Green
Date: November 27, 2012
Docket Number: 12-3154

Justia Opinion Summary: Pro se Appellant Charles Buchheit appealed a district court's sua sponte dismissal of his complaint against certain Defendant Kansas State officials. Clerk of the Kansas appellate courts Carol Green cross-appealed the di...

Xia v. Salazar
Date: November 27, 2012
Docket Number: 12-4034

Pedockie v. Bigelow
Date: November 27, 2012
Docket Number: 12-4098

Keyser v. Wasatch Towers Condo Owners
Date: November 27, 2012
Docket Number: 12-4114

United States v. Huerta
Date: November 27, 2012
Docket Number: 12-5058

Houck v. Ball
Date: November 27, 2012
Docket Number: 12-6214

Palmer v. CIR
Date: November 27, 2012
Docket Number: 12-9002

Wilkinson v. Timme
Date: November 23, 2012
Docket Number: 12-1269

Gayton v. Romero
Date: November 23, 2012
Docket Number: 12-2035

Rayner v. Reeves
Date: November 21, 2012
Docket Number: 11-1574

Ward v. Medina
Date: November 21, 2012
Docket Number: 12-1310

United States v. Morales-Ramirez
Date: November 21, 2012
Docket Number: 12-2042

Parker v. State of Utah
Date: November 21, 2012
Docket Number: 12-4133

Hopper v. Wyant
Date: November 21, 2012
Docket Number: 12-5103

Kinkead v. Standifird
Date: November 21, 2012
Docket Number: 12-5126

Dopp v. Workman
Date: November 21, 2012
Docket Number: 12-5129

Kilpatrick v. Astrue
Date: November 21, 2012
Docket Number: 12-6052

Johnson v. Jones
Date: November 21, 2012
Docket Number: 12-6167

United States v. Armendariz-Reza
Date: November 21, 2012
Docket Number: 12-8029

Sheldon v. Khanal
Date: November 20, 2012
Docket Number: 10-3237

Casanova v. Ulibarri
Date: November 20, 2012
Docket Number: 12-2081

United States v. Mack
Date: November 20, 2012
Docket Number: 12-5119

Tilley v. Choate
Date: November 20, 2012
Docket Number: 12-7016

Tilley v. Astrue
Date: November 20, 2012
Docket Number: 12-7021

Dufries v. Standifird
Date: November 19, 2012
Docket Number: 11-6162

Patrick v. Bank of New York Mellon
Date: November 19, 2012
Docket Number: 12-1108

United States v. Smith
Date: November 19, 2012
Docket Number: 12-3077

United States v. Tucker
Date: November 19, 2012
Docket Number: 12-4111

Knox v. Morgan
Date: November 19, 2012
Docket Number: 12-6181

United States v. Tucker
Date: November 16, 2012
Docket Number: 11-6132

Clayton v. Jones
Date: November 16, 2012
Docket Number: 11-7000

Justia Opinion Summary: State prisoner James Clayton filed a petition for a writ of habeas corpus contending he received ineffective assistance of counsel when his attorney ignored his repeated instructions to file an appeal after he pled guilt...

United States v. Young
Date: November 16, 2012
Docket Number: 11-7049

Arocho v. United States
Date: November 16, 2012
Docket Number: 12-1328

Crosby v. Martin
Date: November 16, 2012
Docket Number: 12-3163

United States v. Strasser
Date: November 16, 2012
Docket Number: 12-4081

Bowie v. Franklin
Date: November 16, 2012
Docket Number: 12-6213

United States v. Guardado
Date: November 15, 2012
Docket Number: 11-4169

Justia Opinion Summary: Defendant-Appellant Brian Luis Guardado entered a conditional plea of guilty to one count of being a felon in possession of a firearm. He was sentenced to 46 months' imprisonment and 36 months' supervised release. Defend...

Turner v. United States
Date: November 15, 2012
Docket Number: 11-6334

Barrera-Quintero v. Holder, Jr.
Date: November 15, 2012
Docket Number: 11-9522

Justia Opinion Summary: Petitioner Hector Barrera–Quintero, a native and citizen of Mexico, faced removal from the United States. He sought review of a Board of Immigration Appeals (BIA) decision finding him ineligible for cancellation of remov...

Mohamed v. Holder
Date: November 15, 2012
Docket Number: 11-9576

United States v. Conner
Date: November 15, 2012
Docket Number: 12-1063

Justia Opinion Summary: Defendant-Appellant Christopher Michael Conner entered a conditional plea to being a felon in possession of a firearm, reserving the right to appeal the denial of his motion to suppress. He was sentenced to 28 months' im...

United States v. Castillo
Date: November 15, 2012
Docket Number: 12-2020

Cordero Mining LLC v. FMSHR
Date: November 15, 2012
Docket Number: 12-9502

Justia Opinion Summary: Cordero Mining LLC (Cordero) sought review of a Decision and Order of an Administrative Law Judge (ALJ) issued on December 5, 2011, which found that Cordero violated section 105(c) of the Federal Mine Safety and Health A...

United States v. Ahrensfield
Date: November 14, 2012
Docket Number: 11-2198

Justia Opinion Summary: Following a jury trial, Defendant was convicted of obstructing justice stemming from his disclosure of the existence of an ongoing undercover investigation to one of the targets of that investigation. He was sentenced to...

Valenzuela v. Silversmith, et al
Date: November 14, 2012
Docket Number: 11-2212

Justia Opinion Summary: Petitioner-Appellant Alvin Valenzuela, an enrolled member of the Tohono O’odham Nation filed a petition for writ of habeas corpus seeking relief from tribal court convictions and his sentence. While Petitioner's petition...

Brown v. Roberts
Date: November 14, 2012
Docket Number: 11-3085

Elwell, et al v. Byers, et al
Date: November 14, 2012
Docket Number: 11-3172

Justia Opinion Summary: Plaintiffs-Appellees Ann and Greg Elwell were in the process of adopting T.S., a young boy who had been in their care almost his entire life. But approximately one month after a complaint of emotional abuse of another ch...

Reagor v. Okmulgee Cty. Family Resource
Date: November 14, 2012
Docket Number: 11-7070

Wu v. Holder, Jr.
Date: November 14, 2012
Docket Number: 11-9550

Ocampo-Guaderrama v. Holder
Date: November 14, 2012
Docket Number: 11-9574

United States v. Evans
Date: November 14, 2012
Docket Number: 12-1141

United States v. Trapero-Cortez
Date: November 14, 2012
Docket Number: 12-2073

United States v. Dixon
Date: November 14, 2012
Docket Number: 12-3206

United States v. Hood
Date: November 14, 2012
Docket Number: 12-4118

United States v. Cuevas-Ramirez
Date: November 14, 2012
Docket Number: 12-5059

United States v. Contreras Granados
Date: November 14, 2012
Docket Number: 12-6030

Harper v. Rudek
Date: November 14, 2012
Docket Number: 12-6183

Davis v. Workman
Date: November 14, 2012
Docket Number: 12-7043

DiBartolomeo v. Lampert
Date: November 14, 2012
Docket Number: 12-8054

United States v. Garton
Date: November 14, 2012
Docket Number: 12-8063

McBride v. Bank of America
Date: November 13, 2012
Docket Number: 12-4035

United States v. Woodard
Date: November 9, 2012
Docket Number: 11-2244

Justia Opinion Summary: Following a jury trial, Defendant was convicted of possessing more than 100 kilograms of marijuana with the intent to distribute. He was sentenced to sixty months' imprisonment followed by four years of supervised releas...

United States v. Mendoza
Date: November 7, 2012
Docket Number: 10-4165

Justia Opinion Summary: The issue before the Tenth Circuit in this case centered on whether a judgment has been "entered on the criminal docket" for purposes of Fed. R. App. P. 4(b)(6) if it is noted only on an internal district court document...

United States v. Ray
Date: November 6, 2012
Docket Number: 11-3383

Justia Opinion Summary: After Defendant Austin Alan Ray was arrested for downloading child pornography using peer-to-peer file-sharing software, he pled guilty in federal district court to receiving material involving the sexual exploitation of...

Prendergast v. Clements, et al
Date: November 6, 2012
Docket Number: 12-1166

Justia Opinion Summary: Pro se prisoner Defendant Brian Prendergast petitioned the Tenth Circuit for a certificate of appealability (COA) to appeal the district court's denial of his application for a writ of habeas corpus. Defendant was convic...

Fundamentalist Church of Jesus v. Wisan (Horne Appeal), et al
Date: November 5, 2012
Docket Number: 11-4049

Justia Opinion Summary: The defendants in this case filed interlocutory appeals from a district order that granted a preliminary injunction in favor of plaintiff, an association of individual members of the Fundamentalist Church of Jesus Christ...

C & A Construction Company v. DHC Development
Date: November 5, 2012
Docket Number: 11-4139

United States v. Gamez-Tapia
Date: November 5, 2012
Docket Number: 12-2050

United States v. Doe
Date: November 2, 2012
Docket Number: 11-1084

Justia Opinion Summary: John Doe pled guilty to two drug trafficking charges in a plea bargain. Prior to the plea deal, he filed a motion to dismiss the indictment for breach of an immunity agreement and outrageous governmental conduct. The dis...

United States v. Griffin
Date: November 2, 2012
Docket Number: 11-1497

Roberts v. H-40 Drilling, Inc.
Date: November 2, 2012
Docket Number: 11-6292

O'Neal v. Newton-Embry
Date: November 1, 2012
Docket Number: 10-6243

Green v. JP Morgan Chase Bank
Date: November 1, 2012
Docket Number: 11-5153

Diaz v. Holder, Jr.
Date: November 1, 2012
Docket Number: 11-9580

United States v. Murphy
Date: November 1, 2012
Docket Number: 12-5035

Figueroa v. Oklahoma Dept. of Corrections
Date: November 1, 2012
Docket Number: 12-6099

Hughes v. Oklahoma Dept of Transp.
Date: November 1, 2012
Docket Number: 12-6124

In re: Smith
Date: October 31, 2012
Docket Number: 11-1566

Villa v. Dona Ana County
Date: October 31, 2012
Docket Number: 11-2227

Patterson v. Williams
Date: October 31, 2012
Docket Number: 11-3357

United States v. Reeves
Date: October 31, 2012
Docket Number: 12-3252

United States v. Diaz
Date: October 31, 2012
Docket Number: 12-6203

Kilgore v. Weatherly
Date: October 31, 2012
Docket Number: 12-7056

Coburn v. Regents of the University
Date: October 30, 2012
Docket Number: 11-2130

Rural Wtr Dist No 2 Creek Cnty v. City of Glenpool, et al
Date: October 30, 2012
Docket Number: 11-5154

Justia Opinion Summary: Plaintiff, Rural Water District No. 2 Creek County, Oklahoma, a rural water provider covered by 7 U.S.C. 1926(b), and Defendant Glenpool Utility Services Authority, a public trust created to provide water service, and it...

Muscogee (Creek) Nation v. HUD, et al
Date: October 30, 2012
Docket Number: 11-7040

Justia Opinion Summary: The dispute before the Tenth Circuit in this case centered on interest earned on block grants made to Indian tribes pursuant to the Native American Housing Assistance and Self-Determination Act. Specifically, Appellant M...

Jobira v. Holder
Date: October 30, 2012
Docket Number: 11-9561

Lin v. Holder, Jr.
Date: October 30, 2012
Docket Number: 11-9575

United States v. Frierson
Date: October 29, 2012
Docket Number: 11-3332

United States v. Sajaropulos-Heraldez
Date: October 29, 2012
Docket Number: 12-4100

Bennett v. Johnson
Date: October 29, 2012
Docket Number: 12-5015

United States v. Mendoza-Lopez
Date: October 29, 2012
Docket Number: 12-5036

United States v. Pickel
Date: October 26, 2012
Docket Number: 12-3221

United States v. Lozoria
Date: October 26, 2012
Docket Number: 12-3254

United States of America v. Rodriguez
Date: October 26, 2012
Docket Number: 12-8003

United States v. Graham
Date: October 26, 2012
Docket Number: 12-8064

Woodman v. Aspen Hills Properties, et al
Date: October 25, 2012
Docket Number: 11-4083

Justia Opinion Summary: Debtor Peter Woodman filed two timely notices of appeal from an adverse decision by the bankruptcy court. One appeal was heard by the bankruptcy appellate panel (BAP), which dismissed the appeal a month later for failure...

Segler v. Ross Management Group
Date: October 25, 2012
Docket Number: 12-1235

Kailey v. Ritter
Date: October 24, 2012
Docket Number: 11-1372

Anderson v. Cranmer
Date: October 24, 2012
Docket Number: 12-4002

Justia Opinion Summary: Debtor Fred Fausett Cranmer filed a Chapter 13 repayment plan, which excluded Social Security income (SSI) from the projected disposable income calculation. The bankruptcy trustee objected to the plan on that basis. The...

In re: Borgman, et al
Date: October 23, 2012
Docket Number: 11-1369

Justia Opinion Summary: The issue before the Tenth Circuit Court of Appeals in this case concerned whether the amount of a federal tax refund equivalent to the "nonrefundable" portion of the child tax credit was exempt from a bankruptcy debtor'...

Kaufman v. Higgs, et al
Date: October 23, 2012
Docket Number: 11-1390

Justia Opinion Summary: Plaintiff-Appellant Richard Kaufman brought a 42 U.S.C. 1983 action alleging that the Defendants, all Colorado police officers, had violated his constitutional rights by arresting him without probable cause. In 2009, a v...

Kriston v. Peroulis
Date: October 23, 2012
Docket Number: 11-1500

United States v. Figueroa-Cruz
Date: October 23, 2012
Docket Number: 11-3343

Ball Kelly, LLC v. Bank of America, N.A.
Date: October 23, 2012
Docket Number: 11-3369

Optima Oil & Gas Co. v. Mewbourne Oil Co.
Date: October 23, 2012
Docket Number: 11-6230

Smith v. Rail Link, Inc., et al
Date: October 23, 2012
Docket Number: 11-8011

Justia Opinion Summary: Plaintiff-Appellant Bridget Smith worked for Rail Link, Inc. (Rail Link) as a freight operator in Wyoming. She was injured on the job, and subsequently sued Rail Link and its corporate parent Genessee & Wyoming, Inc. (GW...

United States v. Fields
Date: October 23, 2012
Docket Number: 12-2083

United States v. Roberts
Date: October 23, 2012
Docket Number: 12-3096

Creamer v. ESIS Claims Unit
Date: October 23, 2012
Docket Number: 12-3127

Rivas v. US Bank
Date: October 23, 2012
Docket Number: 12-4044

Hall v. Astrue
Date: October 23, 2012
Docket Number: 12-6074

Rogers v. Denecke
Date: October 23, 2012
Docket Number: 12-6198

Sola Salon v. Heller
Date: October 22, 2012
Docket Number: 11-1103

United States v. Maldonado
Date: October 22, 2012
Docket Number: 11-2168

Justia Opinion Summary: In December 2008, Defendant Joe Maldonado pled guilty to being a felon in possession of a firearm. The presentence report (PSR) concluded that the Armed Career Criminal Act (ACCA) applied to him as a result of three prio...

United States v. Salas-Garcia
Date: October 22, 2012
Docket Number: 11-2204

Justia Opinion Summary: Defendant-Appellant Jose Salas-Garcia filed a direct appeal to the Tenth Circuit following his conditional plea of guilty to one count of conspiring to possess with the intent to distribute more than 500 grams of cocaine...

Friedman v. Barajas
Date: October 22, 2012
Docket Number: 11-4192

Blakely v. USAA Casualty Insurance Co.
Date: October 22, 2012
Docket Number: 11-4218

Spearman v. Collins
Date: October 22, 2012
Docket Number: 12-1329

Green v. Addison
Date: October 19, 2012
Docket Number: 12-5004

United States v. Phillips
Date: October 19, 2012
Docket Number: 12-5043

Keller v. State of Oklahoma
Date: October 19, 2012
Docket Number: 12-7006

Northern Arapaho Tribe v. Harnsberger, et al
Date: October 18, 2012
Docket Number: 09-8098

Justia Opinion Summary: Plaintiff-Appellant, the Northern Arapaho Tribe, sued various state and county officials in Wyoming, seeking an injunction against the state’s imposition of certain vehicle and excise taxes in an area that Appellant cont...

Black v. Workman
Date: October 18, 2012
Docket Number: 10-6062

United States v. Duran
Date: October 18, 2012
Docket Number: 11-1308

Justia Opinion Summary: Defendant-Appellant Jarrod Duran challenged the procedural reasonableness of his forty-one month sentence, claiming that his prior conviction for aggravated assault under Texas law was not a crime of violence under the U...

Petrella, et al v. DeBacker, et al
Date: October 18, 2012
Docket Number: 11-3098

Justia Opinion Summary: In this litigation, Appellants (plaintiffs below) brought an action under 42 U.S.C. 1983, challenging the statutory scheme by which the state of Kansas funds its public schools. The district court dismissed their suit fo...

Allen v. Workman
Date: October 18, 2012
Docket Number: 12-6253

Colony Insurance v. Burke
Date: October 17, 2012
Docket Number: 10-5035

Justia Opinion Summary: In this appeal the Tenth Circuit addressed: (1) whether a foster child in Oklahoma had a "contractual or statutory" relationship with the insurance company that provided foster care liability insurance to the foster chil...

Martinez v. Carson
Date: October 17, 2012
Docket Number: 11-2095

Justia Opinion Summary: In cross-appeals, the parties raised challenges to various rulings made by the district court in a section 1983 action arising out of an allegedly unlawful seizure. Defendants Gary Carson and Don Mangin, employees of the...

Northern Natural Gas Company v. L.D. Drilling, Inc., et al
Date: October 17, 2012
Docket Number: 11-3024

Justia Opinion Summary: In consolidated interlocutory appeals, Defendants-Appellants, natural gas producers with wells in south central Kansas, challenged a preliminary injunction enjoining them from further gas production from those wells. The...

Musau v. Carlson
Date: October 17, 2012
Docket Number: 11-3105

Chandler v. Citimortgage, Inc.
Date: October 17, 2012
Docket Number: 11-4131

United States v. Friedman
Date: October 17, 2012
Docket Number: 11-4152

United States v. Bagby
Date: October 17, 2012
Docket Number: 11-5050

Justia Opinion Summary: Defendant-Appellant Jeffrey Shaun Bagby was indicted on one count of possessing, with intent to distribute, fifty grams or more of cocaine base (crack), and one count of being a felon in possession of ammunition. On the...

Borgsmiller v. Astrue
Date: October 17, 2012
Docket Number: 11-5160

Lorentzen v. Omer
Date: October 17, 2012
Docket Number: 12-1365

United States v. Varela
Date: October 17, 2012
Docket Number: 12-2079

United States v. Lopez
Date: October 17, 2012
Docket Number: 12-2092

United States v. Lichfield
Date: October 17, 2012
Docket Number: 12-4097

Chaundari v. Holder
Date: October 17, 2012
Docket Number: 12-9505

Maynard v. The Colorado Supreme Court
Date: October 16, 2012
Docket Number: 11-1207

Tracy Broadcasting Corp. v. Spectrum Scan, LLC
Date: October 16, 2012
Docket Number: 11-1453

Justia Opinion Summary: Tracy Broadcasting is a Nebraska corporation that operated an FM radio station in Wyoming. In 2008, Tracy Broadcasting executed a promissory note for a $1,596,100 loan from Valley Bank & Trust Company (Valley Bank). The...

United States v. Joe
Date: October 16, 2012
Docket Number: 11-4001

Justia Opinion Summary: Two direct criminal appeals arose from the same incident and had one sentencing issue in common. The crime in which the two Defendants-Appellants, Johnson Joe and Cynthia Jones participated included a brutal beating and...

Aguirre-Onate v. Holder, Jr.
Date: October 16, 2012
Docket Number: 11-9541

United States v. Romero
Date: October 16, 2012
Docket Number: 12-2078

United States v. Martinez
Date: October 16, 2012
Docket Number: 12-7036

Kimzey, et al v. Flamingo Seismic
Date: October 15, 2012
Docket Number: 11-6211

Justia Opinion Summary: Plaintiffs brought a trespass action for damages to their land caused by Defendant's seismic exploration activities. Plaintiffs originally filed their action in Oklahoma state court, but Defendant removed it to federal d...

Peterson v. Lampert
Date: October 15, 2012
Docket Number: 11-8107

Rivers, Jr. v. Hartmann
Date: October 15, 2012
Docket Number: 12-1147

Steinmetz v. Romero
Date: October 15, 2012
Docket Number: 12-2090

Fomby v. Jones
Date: October 15, 2012
Docket Number: 12-6111

United States v. Mendiola
Date: October 12, 2012
Docket Number: 11-2209

Justia Opinion Summary: Defendant Joseph Mendiola appeals from the district court's imposition of a two-year term of imprisonment following revocation of his supervised release. Defendant argued that in light of the Supreme Court's recent decis...

Oryem v. Richardson
Date: October 12, 2012
Docket Number: 12-2070

Conkle v. Astrue
Date: October 12, 2012
Docket Number: 12-6029

Lymon v. Aramark Corporation
Date: October 11, 2012
Docket Number: 11-2210

Felts v. City of Dodge City, Kansas
Date: October 11, 2012
Docket Number: 11-3262

Herrod v. Wilshire Insurance Company
Date: October 11, 2012
Docket Number: 11-4029

United States v. Caldwell
Date: October 11, 2012
Docket Number: 12-1077

Crosby v. Heil
Date: October 11, 2012
Docket Number: 12-1136

Hall v. Ezell
Date: October 11, 2012
Docket Number: 12-6079

Sheldon v. Khanal
Date: October 10, 2012
Docket Number: 10-3237

Wishneski v. Dona Ana County
Date: October 10, 2012
Docket Number: 11-2163

United States v. Alvarado
Date: October 10, 2012
Docket Number: 11-4142

United States v. Sullivan
Date: October 10, 2012
Docket Number: 11-5139

Morton v. Progressive
Date: October 10, 2012
Docket Number: 11-6082

Habyarimana v. Kagame
Date: October 10, 2012
Docket Number: 11-6315

Justia Opinion Summary: In 1994, two surface-to-air missiles brought down an aircraft carrying then Rwandan and Burundi Presidents Juvenal Habyarimana and Cyprien Ntaryamira, both of Hutu ethnicity. The killings fueled the Rwandan genocide, whi...

Wilson v. Bezona
Date: October 10, 2012
Docket Number: 12-1078

United States v. Cardenas-Uriarte
Date: October 10, 2012
Docket Number: 12-2007

Cook v. Eastern Savings Bank, FSB
Date: October 10, 2012
Docket Number: 12-2036

United States v. Williams
Date: October 10, 2012
Docket Number: 12-3105

United States v. Maschino
Date: October 10, 2012
Docket Number: 12-6093

Singh v. Holder, Jr.
Date: October 9, 2012
Docket Number: 10-9535

United States v. Sandoval
Date: October 9, 2012
Docket Number: 11-1303

Justia Opinion Summary: The issue before the Tenth Circuit was whether a prior conviction constituted a violent felony under the Armed Career Criminal Act (ACCA). Defendant Gerald Sandoval pled guilty to being a felon in possession of a firearm...

Firstenberg v. City of Santa Fe, et al
Date: October 9, 2012
Docket Number: 11-2156

Justia Opinion Summary: Petitioner Arthur Firstenberg allegedly suffers from electromagnetic hypersensitivity (EHS), which requires him to avoid exposure to sources of electromagnetic radiation. These sources include cell-phone towers which emi...

United States v. Harrington
Date: October 9, 2012
Docket Number: 12-1207

United States v. Gutierrez
Date: October 5, 2012
Docket Number: 11-2133

Mobley v. USPS
Date: October 5, 2012
Docket Number: 12-1031

United States v. Loya-Castillo
Date: October 5, 2012
Docket Number: 12-1035

United States v. Wallace
Date: October 5, 2012
Docket Number: 12-1154

Santini v. Clements
Date: October 5, 2012
Docket Number: 12-1266

Waterhouse v. Hatch
Date: October 5, 2012
Docket Number: 12-2096

United States v. Lowe
Date: October 4, 2012
Docket Number: 11-3382

Arencibia v. Barta
Date: October 3, 2012
Docket Number: 11-3376

Neri-Garcia v. Holder
Date: October 3, 2012
Docket Number: 11-9566

Justia Opinion Summary: Petitioner Efren Neri-Garcia sought review of the Board of Immigration Appeals’ (BIA) denial of his applications for restriction on removal under the Immigration and Nationality Act (INA) and for relief under the United...

Williams v. Mayes
Date: October 3, 2012
Docket Number: 12-3162

Davis v. Hudson Refinery
Date: October 3, 2012
Docket Number: 12-6169

United States v. Vigil
Date: October 2, 2012
Docket Number: 12-1066

Justia Opinion Summary: Denise Ann Vigil appealed a twelve-month prison sentence imposed she received earlier this year following a series of revocations of probation or supervised release. Appellant argued her sentence was unreasonable because...

Reed, Jr. v. Michaud
Date: October 2, 2012
Docket Number: 12-1292

Baker v. Holt
Date: October 2, 2012
Docket Number: 12-5029

Muhammad v. Workman
Date: October 2, 2012
Docket Number: 12-7035

Storey v. Garcia
Date: October 1, 2012
Docket Number: 11-2180

Justia Opinion Summary: Plaintiff-Appellant Michael Storey brought civil rights claims against police officers after they arrested him at his home during an investigation of a report of a loud domestic argument. The question before the Tenth Ci...

Mitchell v. Astrue
Date: October 1, 2012
Docket Number: 12-6012

Vaquero-Cordero v. Holder
Date: October 1, 2012
Docket Number: 12-9504

Hebert v. Milyard
Date: September 28, 2012
Docket Number: 11-1561

Roberts v. H-40 Drilling, Inc.
Date: September 28, 2012
Docket Number: 11-6292

Arriaya-Flores v. Holder, Jr.
Date: September 28, 2012
Docket Number: 11-9564

Panicker v. State Dept. of Agriculture
Date: September 28, 2012
Docket Number: 12-6115

Heidtke v. CCA
Date: September 27, 2012
Docket Number: 11-1205

Johnson v. Fisher
Date: September 27, 2012
Docket Number: 11-3268

Huntley v. City of Owasso
Date: September 27, 2012
Docket Number: 11-5145

Kailey v. Price
Date: September 27, 2012
Docket Number: 12-1276

Moore v. Williams
Date: September 27, 2012
Docket Number: 12-3121

Todd v. Bigelow
Date: September 27, 2012
Docket Number: 12-4042

Jones v. The Nordam Group
Date: September 27, 2012
Docket Number: 12-5002

Pretlow v. McPherson
Date: September 27, 2012
Docket Number: 12-6122

Clements v. Franklin
Date: September 27, 2012
Docket Number: 12-6170

United States v. Rendon-Martinez
Date: September 27, 2012
Docket Number: 12-6175

United States v. Wilson
Date: September 27, 2012
Docket Number: 12-8020

United States v. Allen
Date: September 27, 2012
Docket Number: 12-8046

Esparza-Ruvalcaba v. Holder, Jr.
Date: September 27, 2012
Docket Number: 12-9509

United States v. Castillo-Arment
Date: September 26, 2012
Docket Number: 11-1250

Alexander v. Adelberg
Date: September 26, 2012
Docket Number: 12-1054

Krider v. Conover
Date: September 26, 2012
Docket Number: 12-3108

United States v. Belin
Date: September 25, 2012
Docket Number: 11-2220

Carbajal v. City and County of Denver
Date: September 25, 2012
Docket Number: 12-1090

Carbajal v. Holman
Date: September 25, 2012
Docket Number: 12-1152

United States v. Chavira-Nunez
Date: September 25, 2012
Docket Number: 12-1195

Warren v. Vigil
Date: September 25, 2012
Docket Number: 12-1221

United States v. Zamudio-Beltran
Date: September 25, 2012
Docket Number: 12-2069

United States v. McDonald
Date: September 25, 2012
Docket Number: 12-3182

Faison v. Belcher
Date: September 25, 2012
Docket Number: 12-3189

Hernandez-Luis v. Holder
Date: September 25, 2012
Docket Number: 12-9518

United States v. Denny
Date: September 24, 2012
Docket Number: 11-2029

Justia Opinion Summary: Federal inmate Defendant Travis Denny sought a certificate of appealability (COA) to allow him to appeal the district court’s dismissal of his motion for relief under 28 U.S.C. 2255. The court ruled that his motion was...

Dowling v. Sturgeon Electric
Date: September 20, 2012
Docket Number: 11-1554

Sanchez v. Vilsack
Date: September 19, 2012
Docket Number: 11-2118

Justia Opinion Summary: Plaintiff-Appellant Clarice Sanchez, a long-time secretarial employee of the United States Forest Service, suffered irreversible brain damage after falling at work. As a result of her injury, Sanchez lost the left half o...

Heaton v. American Brokers Conduit
Date: September 19, 2012
Docket Number: 11-4178

United States v. Lancaster
Date: September 19, 2012
Docket Number: 11-6097

Pinkey v. Adams County Sheriff Dept.
Date: September 19, 2012
Docket Number: 12-1299

United States v. Cornelius
Date: September 18, 2012
Docket Number: 10-3125

Justia Opinion Summary: Defendant-Appellant Corey Cornelius was charged with four counts of federal racketeering- and drug-related offenses in 2008 in the District of Kansas along with nineteen codefendants in a thirty-count indictment. A jury...

United States v. Harris
Date: September 18, 2012
Docket Number: 10-3173

Justia Opinion Summary: Defendant-Appellant Tracy Harris was convicted under 18 U.S.C. 1962(d) of conspiracy to commit a racketeering offense in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), and sentenced to 188...

United States v. Gonzalez-Arenas
Date: September 18, 2012
Docket Number: 11-1322

Still v. Herndon
Date: September 18, 2012
Docket Number: 11-1463

Constitution Party of Kansas, et al v. Kobach
Date: September 18, 2012
Docket Number: 11-3152

Justia Opinion Summary: The Constitution Party of Kansas, Curt Engelbrecht, and Mark Pickens sued the Secretary of State of Kansas, in his official capacity, alleging that their First and Fourteenth Amendment rights are violated by the Secretar...

United States v. Rosemond
Date: September 18, 2012
Docket Number: 11-4046

Justia Opinion Summary: Defendant-Appellant Justus Rosemond appealed his conviction for using a firearm during a federal drug-trafficking offense. The United States charged Defendant with that offense under alternate theories, alleging that he...

Keyes-Zachary v. Astrue
Date: September 18, 2012
Docket Number: 11-5152

Justia Opinion Summary: Plaintiff-Appellant Pennie Keyes-Zachary appealed a district court order that affirmed the Commissioner's decision denying her applications for Social Security disability and Supplemental Security Income benefits. Plaint...

Miller v. Astrue
Date: September 18, 2012
Docket Number: 11-7076

Simmons v. Chapdelaine
Date: September 18, 2012
Docket Number: 12-1254

In re: Shines
Date: September 18, 2012
Docket Number: 12-6208

Justia Opinion Summary: Federal prisoner Rufus Shines sought authorization from the Tenth Circuit to file a second or successive 2255 motion to challenge his sentence. On appeal, he argued that the Supreme Court's recent decision in "Dorsey v....

United States v. Games-Perez
Date: September 17, 2012
Docket Number: 11-1011

Fisher v. Trammell
Date: September 17, 2012
Docket Number: 12-7014

United States v. DeChristopher
Date: September 14, 2012
Docket Number: 11-4151

Justia Opinion Summary: Defendant-Appellant Tim DeChristopher entered a Bureau of Land Management (BLM) oil and gas lease auction in Salt Lake City, Utah, by representing he was a bidder. His purpose was to disrupt the auction and call attentio...

B.J.G. v. Rockwell
Date: September 14, 2012
Docket Number: 12-5021

Dool v. Burke
Date: September 13, 2012
Docket Number: 10-3320

United States v. Butler
Date: September 13, 2012
Docket Number: 11-3199

Justia Opinion Summary: Brothers James and Marlin Butler sold guided deer hunts to out-of-state hunters, providing lodging, meals, and guiding services. On several occasions, they encouraged their clients to violate state hunting laws. Both ple...

United States v. Fletcher
Date: September 13, 2012
Docket Number: 11-6277

United States v. Duggins
Date: September 13, 2012
Docket Number: 12-2072

Sommerville v. State of Kansas
Date: September 13, 2012
Docket Number: 12-3015

Rivera-Ortiz v. Holder, Jr.
Date: September 12, 2012
Docket Number: 11-9530

Reed v. Medina
Date: September 12, 2012
Docket Number: 12-1265

Black v. Ezell
Date: September 12, 2012
Docket Number: 12-6081

United States v. Wyoming And Colorado Railroad
Date: September 11, 2012
Docket Number: 09-8047

DeRosa v. Workman
Date: September 11, 2012
Docket Number: 10-7084

CWA v. Avaya, Inc.
Date: September 11, 2012
Docket Number: 11-1470

Justia Opinion Summary: Avaya Inc. ("Avaya") appealed a district court's ruling compelling arbitration of its labor dispute with the Communication Workers of America ("CWA") over the legal status of a class of Avaya employees called "backbone e...

Blackwell v. Denko
Date: September 11, 2012
Docket Number: 11-2078

Elwell v. Bd. of Regents Univ. of Okla.
Date: September 11, 2012
Docket Number: 11-6061

Justia Opinion Summary: The issue before the Tenth Circuit in this case was whether the Americans with Disabilities Act created two separate-but-overlapping causes of action for employment discrimination. Plaintiff-Appellant Judy Elwell worked...

Shah v. The State Of Oklahoma
Date: September 11, 2012
Docket Number: 11-6305

Strickland v. Astrue
Date: September 11, 2012
Docket Number: 11-7077

United States v. Sanchez
Date: September 11, 2012
Docket Number: 12-2038

Escobar v. Olivett
Date: September 10, 2012
Docket Number: 11-1422

Harris v. Astrue
Date: September 10, 2012
Docket Number: 11-5151

Kaur v. Holder
Date: September 10, 2012
Docket Number: 11-9544

Brooks v. Whiteaker
Date: September 10, 2012
Docket Number: 12-4046

Cohlmia, Jr. v. St. John Medical Center, Inc.
Date: September 7, 2012
Docket Number: 09-5124

Justia Opinion Summary: Dr. George Cohlmia, a cardiovascular and thoracic surgeon in the Tulsa, Oklahoma area, sued St. John Medical Center (SJMC) alleging a number of federal and state antitrust and business tort claims. His claims followed SJ...

Campbell v. Singh
Date: September 7, 2012
Docket Number: 11-1468

Firth v. Shoemaker
Date: September 7, 2012
Docket Number: 11-1484

Elrod v. Walker
Date: September 7, 2012
Docket Number: 12-3058

Woodward v. Cline
Date: September 7, 2012
Docket Number: 12-3114

Justia Opinion Summary: Pro se prisoner Applicant David Woodward sought a certificate of appealability (COA) to appeal the denial of his application for relief under 28 U.S.C. 2254. The district court dismissed the application as untimely. Appl...

Wyttenbach v. Parrish
Date: September 7, 2012
Docket Number: 12-4074

Vos v. Turley
Date: September 7, 2012
Docket Number: 12-4084

Vargas v. Miller
Date: September 7, 2012
Docket Number: 12-6083

United States v. Pablo
Date: September 6, 2012
Docket Number: 09-2091

United States v. Rayford
Date: September 6, 2012
Docket Number: 12-3006

United States v. Haley
Date: September 6, 2012
Docket Number: 12-5094

Amrine v. Jones
Date: September 6, 2012
Docket Number: 12-5105

Colorado Department of Public v. United States, et al
Date: September 5, 2012
Docket Number: 09-1554

Justia Opinion Summary: Congress authorized the State of Colorado to regulate hazardous wasted in the state. Invoking that regulatory authority, Plaintiff-Appellant Colorado Department of Public Health and Environment, Hazardous Materials and W...

Foster v. PPG Industries, Inc., et al
Date: September 5, 2012
Docket Number: 10-5123

Justia Opinion Summary: Plaintiff-Appellant William Foster sued his former employer, Defendant-Appellee PPG Industries, Inc. (PPG), and Defendant-Appellee the PPG Industries Employee Savings Plan (collectively, Defendants) under the Employee Re...

Banks v. Workman
Date: September 5, 2012
Docket Number: 10-5125

Justia Opinion Summary: After Sun Travis was abducted, raped, and shot dead, an Oklahoma jury found Anthony Banks, by that time already in prison for another killing, guilty of murdering Mrs. Travis and sentenced him to death. After an unsucces...

Impact Energy Resources, LLC, et al v. Salazar, et al
Date: September 5, 2012
Docket Number: 11-4043

Justia Opinion Summary: Appellants in this case are companies that submitted high bids on certain oil and gas leases at a Bureau of Land Management (BLM) auction (collectively, the Energy Companies). After the auction but before the leases were...

Bannister v. State Farm Mutual Auto Ins Co
Date: September 5, 2012
Docket Number: 11-6174

Justia Opinion Summary: Plaintiff James Bannister was injured in a motorcycle accident on the freeway near Oklahoma City in 2009. According to Bannister, he was forced to lay down and slide his motorcycle at a high speed when a car in front of...

Woolsey, et al v. Citibank, N.A.
Date: September 4, 2012
Docket Number: 11-4014

Justia Opinion Summary: Stephanie and Kenneth Woolsey attempted to discharge a second mortgage on their home held by Citibank, N.A. through Chapter 13 bankruptcy. In their plan, they took the position that the bankruptcy code voided Citibank’s...

Gilmore, et al v. Weatherford, et al
Date: September 4, 2012
Docket Number: 11-5025

Justia Opinion Summary: Plaintiffs in this case are owners of "chat" restricted by virtue of plaintiffs' membership in the Quapaw Tribe. They alleged that Bingham Sand and Gravel Company, Inc., owner of unrestricted chat, had been removing tail...

United States v. Gieswein
Date: September 4, 2012
Docket Number: 11-6218

Hassan v. The State of Colorado
Date: September 4, 2012
Docket Number: 12-1190

Paden v. Keeling
Date: September 4, 2012
Docket Number: 12-6041

Sosa-Valenzuela v. Holder, Jr.
Date: August 31, 2012
Docket Number: 10-9592

Justia Opinion Summary: Petitioner Baltazar Sosa-Valenzuela illegally entered the United States from Mexico in 1981 at the age of three, and became a lawful permanent resident in 1992. In 1994, when he was sixteen, he shot and seriously injured...

Rounds v. Clements
Date: August 31, 2012
Docket Number: 11-1220

United States v. De Vaughn
Date: August 31, 2012
Docket Number: 11-1225

Justia Opinion Summary: Defendant Jay Stuart De Vaughn mailed twelve hoax anthrax letters to the President of the United States, seven members of Congress, and two Argentine consulates in the United States. He pled guilty to multiple counts of...

Gee v. Pacheco
Date: August 31, 2012
Docket Number: 12-8005

United States v. Stroup
Date: August 31, 2012
Docket Number: 12-8033

Hassoun v. Holder
Date: August 30, 2012
Docket Number: 11-9558

Pinson v. Berkebile
Date: August 30, 2012
Docket Number: 12-1112

United States v. Perry
Date: August 30, 2012
Docket Number: 12-6156

United States v. Orr
Date: August 29, 2012
Docket Number: 09-1351

United States v. De Lucio-Olvera
Date: August 29, 2012
Docket Number: 11-1546

Ramsey v. Citibank
Date: August 29, 2012
Docket Number: 11-1578

United States v. Turrietta
Date: August 29, 2012
Docket Number: 11-2033

Justia Opinion Summary: A federal jury convicted Defendant-Appellant Gilbert Turrietta of assaulting a law enforcement officer. The jury reached its verdict despite having never been sworn. The problem would have gone unnoticed were it not for...

Robert v. Board of County Commissioners, et al
Date: August 29, 2012
Docket Number: 11-3092

Justia Opinion Summary: Petitioner Catherine Robert had worked as supervisor of released adult offenders for ten years when she developed sacroiliac joint dysfunction. After a lengthy leave of absence, including a period authorized by the Famil...

Tilley v. Maier
Date: August 29, 2012
Docket Number: 11-3384

United States v. Bell
Date: August 29, 2012
Docket Number: 12-5056

United States v. Herget
Date: August 29, 2012
Docket Number: 12-6047

Ebonie S. v. Pueblo School District 60, et al
Date: August 28, 2012
Docket Number: 11-1273

Justia Opinion Summary: The issue on appeal before the Tenth Circuit in this case was whether the use of a particular desk in special education classrooms was permissible under the United States Constitution. The desks in question wrap around t...

Lucero v. Sandia Corporation
Date: August 28, 2012
Docket Number: 11-2028

United States v. Rivers
Date: August 28, 2012
Docket Number: 11-3100

United States v. Hoyle
Date: August 28, 2012
Docket Number: 11-3255

Justia Opinion Summary: Defendant-Appellant Taurus Hoyle appealed his conviction for being a felon in possession of a firearm, and his sentence under the Armed Career Criminal Act (“ACCA”) to 262 months’ imprisonment. On appeal, Defendant conte...

Davis v. Workman
Date: August 28, 2012
Docket Number: 11-6022

Justia Opinion Summary: An Oklahoma jury convicted Defendant Brian Darrell Davis of the first-degree murder and rape of Josephine “Jody” Sanford, the mother of his girlfriend Stacey Sanford. On the recommendation of the jury, Defendant received...

Public Service CO of NM v. NLRB
Date: August 28, 2012
Docket Number: 11-9536

Justia Opinion Summary: Robert Madrid worked for Petitioner Public Service Company of New Mexico (PNM) as a bill collector. "Angered by a particularly obstinate customer," and without permission, Madrid drove to the customer's home and disconne...

Berry v. State of Oklahoma
Date: August 28, 2012
Docket Number: 12-6105

Nasious v. State Of Colorado
Date: August 27, 2012
Docket Number: 11-1450

Los Alamos Study Group v. US Department of Energy
Date: August 27, 2012
Docket Number: 11-2141

Justia Opinion Summary: Plaintiff Los Alamos Study Group filed a complaint for declaratory and injunctive relief under the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA). Defendants were the National Nuclear...

United States v. Ramos
Date: August 27, 2012
Docket Number: 11-3126

Justia Opinion Summary: Defendant Armando Ramos attacked the legal validity of his sentence for receipt of child pornography. Defendant was indicted by a federal grand jury in Kansas on two counts relating to the receipt and possession of child...

Apsley v. Boeing Co.
Date: August 27, 2012
Docket Number: 11-3238

Justia Opinion Summary: This case arose out of the Boeing Company’s 2005 sale, to Spirit AeroSystems, Inc. of facilities in Wichita, Kansas, and Tulsa and McAlester, Oklahoma. Boeing terminated the Division's entire workforce of more than 10,00...

Williams v. The National Football League
Date: August 27, 2012
Docket Number: 12-1255

Armstrong v. Astrue
Date: August 24, 2012
Docket Number: 12-6053

Peters v. Bryan
Date: August 23, 2012
Docket Number: 10-1503

Park v. TD Ameritrade Trust Comp, Inc.
Date: August 23, 2012
Docket Number: 11-1572

Varela-Cardoza v. Holder
Date: August 23, 2012
Docket Number: 11-9571

United States v. Castaneda
Date: August 23, 2012
Docket Number: 12-1088

Leo v. United States District Court
Date: August 23, 2012
Docket Number: 12-3100

Murray v. United States
Date: August 23, 2012
Docket Number: 12-6147

Lopez v. Holder
Date: August 23, 2012
Docket Number: 12-9508

Devon Energy Production Co. v. Mosiac Potash Carlsbad, Inc.
Date: August 22, 2012
Docket Number: 11-2026

Justia Opinion Summary: Plaintiff-Appellant Devon Energy Production Company, L.P. appealed a district court's judgment which dismissed Devon’s declaratory-judgment action against Defendant-Appellee Mosaic Potash Carlsbad, Inc. for lack of subje...

United States v. Simons
Date: August 22, 2012
Docket Number: 11-4181

Shust v. Wal-Mart Stores
Date: August 22, 2012
Docket Number: 11-5159

Butler v. City of Arvada, Colorado
Date: August 22, 2012
Docket Number: 12-1264

United States v. Kemble
Date: August 22, 2012
Docket Number: 12-3070

United States v. Frater
Date: August 22, 2012
Docket Number: 12-3095

United States v. Butler
Date: August 22, 2012
Docket Number: 12-5050

Marrakchi v. Napolitano
Date: August 21, 2012
Docket Number: 10-1527

United States v. Kellogg
Date: August 21, 2012
Docket Number: 11-1429

Taylor v. Astrue
Date: August 21, 2012
Docket Number: 11-1499

United States v. Galvan-Estrada
Date: August 21, 2012
Docket Number: 11-3318

Hall v. Assoc. International Insurace
Date: August 21, 2012
Docket Number: 11-3347

Iqbal v. Holder, et al
Date: August 21, 2012
Docket Number: 11-6231

Justia Opinion Summary: Petitioner Shahid Iqbal appealed a district court's denial of his motion for attorney fees under the Equal Access to Justice Act (EAJA). Petitioner is a native and citizen of Pakistan who acquired lawful permanent reside...

Stephens v. Jones
Date: August 21, 2012
Docket Number: 11-6284

Wells Fargo Bank, N.A. v. Ortega
Date: August 21, 2012
Docket Number: 11-8060

Calcari v. Ortiz
Date: August 21, 2012
Docket Number: 12-1080

Boyce v. Clements
Date: August 21, 2012
Docket Number: 12-1218

Glenn v. Kane
Date: August 21, 2012
Docket Number: 12-4013

United States v. Ford
Date: August 21, 2012
Docket Number: 12-6021

Barber v. Miller
Date: August 21, 2012
Docket Number: 12-6067

Rubio v. Ledezma
Date: August 21, 2012
Docket Number: 12-6120

Schulze v. Addison
Date: August 21, 2012
Docket Number: 12-7020

Oklahoma Dept. of Securites v. Wilcox, et al
Date: August 20, 2012
Docket Number: 10-6056

Justia Opinion Summary: At the behest of the Oklahoma Department of Securities, Oklahoma courts found early investors in a Ponzi scheme carried out by a third party to have been unjustly enriched and required disgorgement. Judgments were entere...

Ace Investors v. Rubin
Date: August 20, 2012
Docket Number: 11-4164

Awe v. Napolitano
Date: August 20, 2012
Docket Number: 11-5134

Smith v. Wynne
Date: August 20, 2012
Docket Number: 11-6195

McClain v. Davis
Date: August 20, 2012
Docket Number: 12-1273

Monroe v. Franklin
Date: August 20, 2012
Docket Number: 12-5061

United States v. Patterson
Date: August 20, 2012
Docket Number: 12-5107

United States v. Ricketts
Date: August 20, 2012
Docket Number: 12-6087

United States v. Eaton
Date: August 20, 2012
Docket Number: 12-6089

Miller v. M.B.C.C. Facility Warden
Date: August 20, 2012
Docket Number: 12-6134

Ferguson v. Webster
Date: August 17, 2012
Docket Number: 11-1493

United States v. Bishop
Date: August 17, 2012
Docket Number: 11-6166

United States v. Allen
Date: August 17, 2012
Docket Number: 12-5045

United States v. Reed
Date: August 17, 2012
Docket Number: 12-6018

Beison v. State of Oklahoma
Date: August 17, 2012
Docket Number: 12-6128

Hoffman v. Ford Motor Company
Date: August 16, 2012
Docket Number: 10-1137

EEOC v. Tricore Reference Laboratories
Date: August 16, 2012
Docket Number: 11-2096

Trout Ranch, LLC v. CIR
Date: August 16, 2012
Docket Number: 11-9006

Richwine v. Romero
Date: August 16, 2012
Docket Number: 12-2062

United States v. Berry
Date: August 16, 2012
Docket Number: 12-6088

United States v. Sierra
Date: August 15, 2012
Docket Number: 12-4016

United States v. Fuller
Date: August 15, 2012
Docket Number: 12-6100

Richmond v. CIR
Date: August 15, 2012
Docket Number: 12-9000