2017 Tenth Circuit US Court of Appeals Case Law

Opinions 1 - 500 of 811

United States v. Devries
Date: September 22, 2017
Docket Number: 16-8113
Suarez v. Anthem
Date: September 22, 2017
Docket Number: 17-1073
Allen v. People of the State of CO
Date: September 22, 2017
Docket Number: 17-1211
Muhtorov v. Choate
Date: September 22, 2017
Docket Number: 17-1252
United States v. Freeman
Date: September 22, 2017
Docket Number: 17-6068
Duran-Quintanilla v. Sessions
Date: September 22, 2017
Docket Number: 17-9513
In re: Motor Fuel Temperature
Date: September 21, 2017
Docket Number: 15-3221
Wyoming v. Zinke  
Date: September 21, 2017
Docket Number: 16-8068

Justia Opinion Summary: In cases consolidated for review, the issue presented for the Tenth Circuit centered on whether the Bureau of Land Management (BLM) acted beyond its statutory authority when it promulgated a regulation, 43 C.F.R. sec. 31...

United States v. Snyder  
Date: September 21, 2017
Docket Number: 16-8117

Justia Opinion Summary: Michael Snyder moved for immediate release from federal custody on the basis that he has already served more than the maximum sentence allowed by law for his crimes. He argued the Supreme Court’s decision in Johnson v. U...

Cunningham v. FBP
Date: September 21, 2017
Docket Number: 17-1054
Greene v. Logisticare Solutions
Date: September 21, 2017
Docket Number: 17-4109
Laratta v. Foster
Date: September 20, 2017
Docket Number: 16-1283
Church Mutual Insurance v. Maafu
Date: September 20, 2017
Docket Number: 17-4054
Healy v. Cox Communications  
Date: September 19, 2017
Docket Number: 15-6218

Justia Opinion Summary: Cox Cable subscribers cannot access premium cable services unless they also rent a set-top box from Cox. A class of plaintiffs in Oklahoma City sued Cox under antitrust laws, alleging Cox had illegally tied cable service...

Casalina v. Perry
Date: September 19, 2017
Docket Number: 16-2264
Thundathil v. Sessions
Date: September 19, 2017
Docket Number: 16-6343
Schupper v. Cafasso
Date: September 19, 2017
Docket Number: 17-1037
Sutton v. Van Leeuwen
Date: September 19, 2017
Docket Number: 17-1077
United States v. Miles
Date: September 19, 2017
Docket Number: 17-6037
Brown v. LaFerry's LP Gas Co.
Date: September 19, 2017
Docket Number: 17-7008
United States v. Osage Wind  
Date: September 18, 2017
Docket Number: 15-5121

Justia Opinion Summary: This case presented a question of whether a large-scale excavation project constituted “mining” under the pertinent federal regulations that address mineral development on Indian land. When an entity engages in “mining”...

Rivera v. IRS
Date: September 18, 2017
Docket Number: 16-2277
United States ex rel. Little v. Triumph Gear Systems
Date: September 18, 2017
Docket Number: 16-4152
WildEarth Guardians v. Bureau of Land Management  
Date: September 15, 2017
Docket Number: 15-8109

Justia Opinion Summary: Plaintiffs-Appellants WildEarth Guardians and Sierra Club challenged the Bureau of Land Management’s (BLM) decision to approve four coal leases in Wyoming’s Powder River Basin. Plaintiffs brought an Administrative Proced...

Breen v. Black
Date: September 15, 2017
Docket Number: 16-8105
Payton v. State of Kansas
Date: September 15, 2017
Docket Number: 17-3107
United States v. Thody
Date: September 15, 2017
Docket Number: 17-7012
Bustillos v. Board of County Commissioners
Date: September 14, 2017
Docket Number: 15-2213
United States v. Jackson
Date: September 14, 2017
Docket Number: 17-5020
United States v. Niles
Date: September 13, 2017
Docket Number: 16-8048
Bruscino v. True
Date: September 13, 2017
Docket Number: 17-1004
Davis v. Schnurr
Date: September 13, 2017
Docket Number: 17-3163
United States v. Sandoval-Enrique  
Date: September 12, 2017
Docket Number: 16-2043

Justia Opinion Summary: Defendant-Appellant Manuel Sandoval-Enrique petitioned to withdraw his guilty plea to one count of unlawfully reentering the United States after a previous removal. Sandoval-Enrique pled guilty without the benefit of any...

United States v. Contreras
Date: September 12, 2017
Docket Number: 17-2057
United States v. Garcia
Date: September 12, 2017
Docket Number: 17-4027
Sanchez v. Moniz  
Date: September 11, 2017
Docket Number: 16-2056

Justia Opinion Summary: While reading a daily report aloud to his colleagues, Sigiefredo Sanchez mixed up the order of words and numbers, skipped over sections, and gave briefing points out of order. Sanchez was unaware he had a reading disorde...

Qiu v. Sessions  
Date: September 11, 2017
Docket Number: 16-9522

Justia Opinion Summary: Petitioner Liying Qiu, a native and citizen of the People’s Republic of China, sought asylum and withholding of removal based on her status as a Christian who did not agree with China’s state-sanctioned version of Christ...

Whiteside v. McCollum
Date: September 11, 2017
Docket Number: 17-5031
Malone v. Board of County Commissioners
Date: September 8, 2017
Docket Number: 16-2222
Nash v. Wal-Mart Stores
Date: September 8, 2017
Docket Number: 17-1092
Miles v. Conrad
Date: September 8, 2017
Docket Number: 17-3100
Western Watersheds v. Michael  
Date: September 7, 2017
Docket Number: 16-8083

Justia Opinion Summary: In addition to a generally applicable law of trespass, Wyoming enacted a pair of statutes imposing civil and criminal liability upon any person who “[c]rosses private land to access adjacent or proximate land where he co...

R-S-C v. Sessions  
Date: September 6, 2017
Docket Number: 15-9572

Justia Opinion Summary: R-S-C illegally reentered the United States after having been removed and her prior removal order was reinstated, thus under the Attorney General’s interpretation of the Immigration and Nationality Act (INA), she could n...

Staples v. Maye
Date: September 6, 2017
Docket Number: 16-3135
United States v. Patton
Date: September 6, 2017
Docket Number: 16-6359
United States v. Cortes-Ponce
Date: September 6, 2017
Docket Number: 17-3028
EEOC v. CollegeAmerica Denver  
Date: September 5, 2017
Docket Number: 16-1340

Justia Opinion Summary: This appeal grew out of a dispute between a company and its former employee: CollegeAmerica Denver, Inc., and Debbi Potts. CollegeAmerica and Potts resolved a dispute by entering into a settlement agreement. But CollegeA...

United States v. Lubio
Date: September 5, 2017
Docket Number: 17-3079
Kapordelis v. Fox
Date: September 5, 2017
Docket Number: 17-6142
Clark v. City of Shawnee
Date: September 1, 2017
Docket Number: 17-3046
Webster v. Shulkin
Date: August 31, 2017
Docket Number: 16-4140
Webb v. State of Utah
Date: August 31, 2017
Docket Number: 16-4199
United States v. Haymond  
Date: August 31, 2017
Docket Number: 16-5156

Justia Opinion Summary: The district court revoked Andre Haymond’s supervised release based in part on a finding that Haymond knowingly possessed thirteen images of child pornography. The district court imposed the mandatory minimum sentence. H...

Hetronic International v. Rempe
Date: August 31, 2017
Docket Number: 16-6307
United States v. Brown
Date: August 31, 2017
Docket Number: 16-6373
Stanton v. Unknown Agent or Agency
Date: August 31, 2017
Docket Number: 17-3098
United States v. Allen
Date: August 30, 2017
Docket Number: 16-1450
Smith v. United States
Date: August 30, 2017
Docket Number: 17-1225
United States v. Larsen
Date: August 30, 2017
Docket Number: 17-4003
Williams v. CCA
Date: August 30, 2017
Docket Number: 17-7022
Villecco v. Vail Resorts
Date: August 30, 2017
Docket Number: 17-8020
Hancox v. Allbaugh
Date: August 29, 2017
Docket Number: 16-6333
United States v. Rojas-Alvarado
Date: August 29, 2017
Docket Number: 17-1104
Singh v. Sessions
Date: August 29, 2017
Docket Number: 17-9501
T.D. v. Patton  
Date: August 28, 2017
Docket Number: 16-1092

Justia Opinion Summary: Kelcey Patton, a social worker for the Denver Department of Human Services (“DDHS”), was one of those responsible for removing T.D., a minor at the time, from his mother’s home, placing him into DDHS’s custody, and recom...

Barnes v. United States
Date: August 28, 2017
Docket Number: 16-5166
Hagos v. Raemisch
Date: August 28, 2017
Docket Number: 17-1076
United States v. Moreno
Date: August 28, 2017
Docket Number: 17-3077
United States v. Mitchell
Date: August 28, 2017
Docket Number: 17-5056
Scott v. CIR
Date: August 28, 2017
Docket Number: 17-9001
Adams v. American Medical System
Date: August 25, 2017
Docket Number: 14-4057
Taos Ski Valley v. Nova Casualty Company
Date: August 25, 2017
Docket Number: 16-2118
United States v. Miller  
Date: August 25, 2017
Docket Number: 16-2229

Justia Opinion Summary: Rodney Miller was sentenced as a career offender under the 1998 version of the Sentencing Guidelines, based in part on his prior conviction for a crime of violence. After the Supreme Court’s decision in Johnson v. United...

Ute Indian Tribe of the Uintah v. Lawrence  
Date: August 25, 2017
Docket Number: 16-4154

Justia Opinion Summary: The contract at issue in this appeal was an Independent Contractor Agreement (the Contract) between the Ute Indian Tribe and Lynn Becker, a former manager in the Tribe’s Energy and Minerals Department. Becker claimed the...

Becker v. Ute Indian Tribe  
Date: August 25, 2017
Docket Number: 16-4175

Justia Opinion Summary: The Ute Indian Tribe of the Uintah and Ouray Reservation appealed a preliminary injunction ordering it not to proceed with litigation in tribal court against a nonmember former contractor, Lynn Becker. The district court...

AlNahhas v. Robert Bosch Tool
Date: August 25, 2017
Docket Number: 16-6163
Todd v. United States
Date: August 25, 2017
Docket Number: 17-1183
United States v. Garcia-Rodriguez
Date: August 25, 2017
Docket Number: 17-4034
United States v. Ellis  
Date: August 24, 2017
Docket Number: 14-3165

Justia Opinion Summary: In 2009, law-enforcement officials investigated a Mexican cocaine-trafficking operation extending into the Kansas City area. This led them to several suspects, including defendant-appellant Marvin Ellis, a low-level powd...

United States v. Kemp
Date: August 24, 2017
Docket Number: 15-3309
United States v. Cone  
Date: August 24, 2017
Docket Number: 16-5125

Justia Opinion Summary: Defendant John Cone pleaded guilty to possession of controlled substances with intent to distribute, but he reserved the right to appeal the district court’s denial of his motion to suppress the evidence seized from his...

Alonso-Bernabe v. Sessions
Date: August 24, 2017
Docket Number: 16-9563
Vallejos v. Lovelace Medical Center
Date: August 24, 2017
Docket Number: 17-2090
Warren v. United States
Date: August 24, 2017
Docket Number: 17-3142
In re: Motor Fuel Temperature  
Date: August 23, 2017
Docket Number: 15-3221

Justia Opinion Summary: Several individuals in multiple states (collectively, plaintiffs) brought class action lawsuits against various fuel retailers (collectively, defendants) based on defendants’ failure to control for, or at least disclose,...

Team Sys. International v. Haozous
Date: August 23, 2017
Docket Number: 16-6277
Forbes v. Garcia
Date: August 23, 2017
Docket Number: 17-1012
Blackwell v. Bank of America
Date: August 23, 2017
Docket Number: 17-5026
EagleMed v. Cox  
Date: August 22, 2017
Docket Number: 16-8064

Justia Opinion Summary: Defendants, various officials at the Wyoming Department of Workforce Services, appealed the district court’s entry of a permanent injunction related to the Department’s payment for air-ambulance services rendered to ill...

Reed v. Bryant
Date: August 22, 2017
Docket Number: 17-7021
United States v. Ford
Date: August 21, 2017
Docket Number: 16-6280
Brooks v. Archuleta
Date: August 18, 2017
Docket Number: 17-1177
Worthen v. United States
Date: August 17, 2017
Docket Number: 15-4166
United States v. Nelson  
Date: August 17, 2017
Docket Number: 16-3292

Justia Opinion Summary: After Stephen Nelson was arrested in a private residence, one officer continued searching the residence and found two firearms. The government attributed the firearms to Nelson, and he was indicted for possession of a fi...

Aery v. Nuckolls
Date: August 17, 2017
Docket Number: 16-5176
United States v. Burtons
Date: August 17, 2017
Docket Number: 16-6091
Kirby, Jr. v. Ware
Date: August 17, 2017
Docket Number: 16-6142
McElhaney v. Bear
Date: August 17, 2017
Docket Number: 17-7026
Carbajal v. O'Neill
Date: August 16, 2017
Docket Number: 16-1409
GCIU-Employer Retirement Fund v. Coleridge Fine Arts
Date: August 16, 2017
Docket Number: 16-3007
Leatherwood v. Rios
Date: August 16, 2017
Docket Number: 16-6370
Cain v. Frawner
Date: August 16, 2017
Docket Number: 17-2074
United States v. Nevarez-Barela
Date: August 16, 2017
Docket Number: 17-2092
United States v. Pacheco-Soto
Date: August 16, 2017
Docket Number: 17-2097
Webb v. Scott
Date: August 16, 2017
Docket Number: 17-4048
Arp v. McCollum
Date: August 16, 2017
Docket Number: 17-5063
Harper v. Guthrie
Date: August 16, 2017
Docket Number: 17-8001
Rice's Lucky Clover Honey v. Hawley
Date: August 15, 2017
Docket Number: 16-1186
United States v. Pam  
Date: August 15, 2017
Docket Number: 16-2171

Justia Opinion Summary: After pleading guilty to being a felon in possession of a firearm and ammunition, defendant-appellant Larry Pam was sentenced to a fifteen-year term of imprisonment consistent with a plea agreement entered into pursuant...

Sinclair Wyoming Refining v. EPA  
Date: August 15, 2017
Docket Number: 16-9532

Justia Opinion Summary: In an amendment to the Clean Air Act (CAA), Congress directed the EPA to operate a Renewable Fuel Standards Program (the RFS Program) to increase oil refineries’ use of renewable fuels. But for small refineries that woul...

United States v. Hatanaka
Date: August 15, 2017
Docket Number: 17-2012
Judy v. Obama
Date: August 15, 2017
Docket Number: 17-4055
Sells v. Allbaugh
Date: August 15, 2017
Docket Number: 17-5036
Ross v. Bush
Date: August 15, 2017
Docket Number: 17-6084
Dahn v. Amedei  
Date: August 14, 2017
Docket Number: 16-1059

Justia Opinion Summary: When a state fails to protect a foster child from harm, the foster child can sue the state under the special-relationship doctrine, pursuant to 42 U.S.C. 1983. The special-relationship doctrine provides an exception to t...

Higby Crane Services v. National Helium
Date: August 14, 2017
Docket Number: 16-3271
State of Utah v. Ricks
Date: August 14, 2017
Docket Number: 16-4194
Smith v. Janssen Pharmaceuticals
Date: August 14, 2017
Docket Number: 17-3057
Ingram v. Clements
Date: August 11, 2017
Docket Number: 16-1416
Baer v. Salt Lake City Corp.
Date: August 11, 2017
Docket Number: 16-4186
Housing Auth. City of Picher v. Secretary, Dept. Housing Urban
Date: August 11, 2017
Docket Number: 16-5159
United States v. Handy
Date: August 11, 2017
Docket Number: 17-3121
Kellams v. Berryhill
Date: August 10, 2017
Docket Number: 16-1338
Gutierrez v. Rodriguez
Date: August 10, 2017
Docket Number: 16-2187
United States v. Joseph
Date: August 10, 2017
Docket Number: 16-4109
Weinman v. Kelley
Date: August 9, 2017
Docket Number: 16-1498
United States v. Yazzie
Date: August 9, 2017
Docket Number: 16-2244
United States v. Williamson
Date: August 9, 2017
Docket Number: 16-2255
Buhendwa v. RTD
Date: August 9, 2017
Docket Number: 17-1116
Murphy v. Royal  
Date: August 8, 2017
Docket Number: 07-7068

Justia Opinion Summary: A jury convicted Patrick Murphy of murder in Oklahoma state court and imposed the death penalty. In August 1999, Murphy lived with Patsy Jacobs; Jacobs was previously in a relationship with the victim, George Jacobs. Mur...

United States v. Ivory
Date: August 8, 2017
Docket Number: 15-3238
United States v. Madkins  
Date: August 8, 2017
Docket Number: 15-3299

Justia Opinion Summary: This appeal arose from a law enforcement investigation into a drug trafficking operation in Kansas. Agents gathered evidence by making controlled buys of crack cocaine through a confidential informant; monitoring telepho...

United States v. Thompson  
Date: August 8, 2017
Docket Number: 15-3313

Justia Opinion Summary: This appeal arose from a law enforcement investigation into a drug trafficking operation in Kansas. Agents gathered evidence by making controlled buys of crack cocaine through a confidential informant; monitoring telepho...

United States v. Banks
Date: August 8, 2017
Docket Number: 15-3324
United States v. Zander
Date: August 8, 2017
Docket Number: 16-4162
Glaser v. Trani
Date: August 8, 2017
Docket Number: 17-1087
United States v. Moore
Date: August 7, 2017
Docket Number: 17-5043
Lucas v. Colorado State Public Defender
Date: August 4, 2017
Docket Number: 16-1378
United States v. Williams  
Date: August 4, 2017
Docket Number: 16-3220

Justia Opinion Summary: A jury convicted Matthew Williams of bank fraud and aggravated identity theft. He appealed, arguing the evidence against him was insufficient. Williams began a mortgage loan application at Pulaski Bank (the “bank”) using...

Folsom v. Knutson
Date: August 4, 2017
Docket Number: 16-6296
Zivkovic v. Hood
Date: August 4, 2017
Docket Number: 17-4052
In re: Sealed Opinion  
Date: August 4, 2017
Docket Number: 17-604

Justia Opinion Summary: Facing two counts of possession with intent to distribute, defendant John Doe pleaded guilty as charged pursuant to a Fed. R. Crim. P. 11(c)(1)(B) plea agreement. As part of that agreement, Doe waived his right to appeal...

Stoedter v. Gates
Date: August 3, 2017
Docket Number: 15-4020
Charity v. Colorado Springs Police Dept.
Date: August 3, 2017
Docket Number: 17-1126
Brooks v. Archuleta
Date: August 3, 2017
Docket Number: 17-1171
United States v. Gramajo-Giron
Date: August 3, 2017
Docket Number: 17-6071
Campbell v. Bear
Date: August 3, 2017
Docket Number: 17-6090
United States v. Brown
Date: August 3, 2017
Docket Number: 17-7020
Endrew F. v. Douglas County School District
Date: August 2, 2017
Docket Number: 14-1417
Banks v. Hickenlooper
Date: August 2, 2017
Docket Number: 16-1466
United States v. Ewing
Date: August 2, 2017
Docket Number: 16-5179
Star Insurance Co. v. Federal Insurance Co.
Date: August 2, 2017
Docket Number: 16-6098
United States v. Coca
Date: August 1, 2017
Docket Number: 16-2093
Johnson v. Peay
Date: August 1, 2017
Docket Number: 16-4160
United States v. Ford
Date: August 1, 2017
Docket Number: 16-6280
Starrett v. City of Lander
Date: August 1, 2017
Docket Number: 16-8124
United States v. Schwartz
Date: July 31, 2017
Docket Number: 15-1162
Abercrombie v. Aetna Health
Date: July 31, 2017
Docket Number: 16-1152
United States v. Throne
Date: July 31, 2017
Docket Number: 16-1296
Winkel v. Hammond
Date: July 31, 2017
Docket Number: 16-3290
United States v. Hernandez-Lopez
Date: July 31, 2017
Docket Number: 17-4087
United States v. Pinkerton
Date: July 31, 2017
Docket Number: 17-8038
United States v. Garcia-Damian
Date: July 28, 2017
Docket Number: 16-2250
United States v. Kieffer
Date: July 27, 2017
Docket Number: 16-1457
Coyle v. Jackson
Date: July 27, 2017
Docket Number: 17-1152
United States v. Olden
Date: July 27, 2017
Docket Number: 17-5008
Payn v. Kelley
Date: July 27, 2017
Docket Number: 17-6011
United States v. Henthorn  
Date: July 26, 2017
Docket Number: 15-1490

Justia Opinion Summary: A district court presiding over a murder trial did not abuse its discretion in admitting evidence of prior, similar incidents, including whether the defendant killed his second wife in circumstances similar to those that...

Greene v. Tennessee Board
Date: July 26, 2017
Docket Number: 17-4056
Modoc Lassen Indian Housing v. DOHUD  
Date: July 25, 2017
Docket Number: 14-1313

Justia Opinion Summary: Consolidated appeals arose from a government agency’s decision to recapture via administrative offset funds that the agency allegedly overpaid to multiple grant recipients. The grant recipients filed suit arguing in rele...

Apodaca v. Raemisch  
Date: July 25, 2017
Docket Number: 15-1454

Justia Opinion Summary: This case arose from two state prisoners’ alleged deprivation of outdoor exercise. The inmates were kept in administrative segregation at a Colorado prison for roughly eleven months. During that time, the inmates were al...

Brown v. Shoe
Date: July 25, 2017
Docket Number: 16-1227
Lowe v. Raemisch  
Date: July 25, 2017
Docket Number: 16-1300

Justia Opinion Summary: This case arose from a state prisoner’s alleged deprivation of outdoor exercise for two years and one month. The alleged deprivation led the prisoner, plaintiff-appellee Donnie Lowe, to sue two senior prison officials, i...

THI of New Mexico at Vida Enca v. Lovato  
Date: July 25, 2017
Docket Number: 16-2041

Justia Opinion Summary: At issue before the Tenth Circuit in this case was whether an arbitrator exceeded his authority under section 10(a)(4) of the Federal Arbitration Act (FAA), and whether he manifestly disregarded the law in awarding certa...

City of Albuquerque v. Soto Enterprises  
Date: July 25, 2017
Docket Number: 16-2065

Justia Opinion Summary: The City of Albuquerque (“the City”) provided public-bus services to Albuquerque residents. The City hired Soto Enterprises, Inc., d/b/a Miracle Delivery Armored Services (“Soto”) to count the cash fares received money,...

Harte v. Board Comm'rs Cnty of Johnson  
Date: July 25, 2017
Docket Number: 16-3014

Justia Opinion Summary: Robert Harte and his two children visited a garden store where they purchased a small bag of supplies to grow tomatoes and other vegetables in the basement of the family home as an educational project with his 13-year-ol...

Columbian Financial v. Stork
Date: July 25, 2017
Docket Number: 16-3339
United States v. Roberson
Date: July 25, 2017
Docket Number: 16-6136
Pecha v. Lake
Date: July 25, 2017
Docket Number: 16-6143
Pecha v. Lake
Date: July 25, 2017
Docket Number: 16-6143
Farrell-Cooper Mining v. DOI  
Date: July 25, 2017
Docket Number: 16-7061

Justia Opinion Summary: The Department of the Interior (“DOI”) adopted an administrative appeal requirement for agency actions under the Surface Mining Control and Reclamation Act (“SMCRA”). Following an initial decision by an administrative la...

Webb v. Allbaugh
Date: July 25, 2017
Docket Number: 16-7072
Consolidation Coal Company v. OWCP  
Date: July 25, 2017
Docket Number: 16-9524

Justia Opinion Summary: Consolidation Coal Company appealed after the Department of Labor (“DOL”) awarded survivor’s benefits to Judy Noyes under the Black Lung Benefits Act (“BLBA”). The administrative law judge (“ALJ”) determined that Mrs. No...

Wilson v. Dowling
Date: July 25, 2017
Docket Number: 17-6040
Duncan v. Allbaugh
Date: July 25, 2017
Docket Number: 17-7024
United States v. Windom  
Date: July 24, 2017
Docket Number: 16-1027

Justia Opinion Summary: Defendant-Appellant Samuel Windom entered a conditional guilty plea to one count of being a felon in possession of a firearm. Windom appealed the district court’s denial of his motion to suppress the firearm, arguing tha...

Northglenn Gunther Toody's v. HQ8-10410-10450
Date: July 24, 2017
Docket Number: 16-1468
NM Off-Hwy Vehicle Alliance v. U.S. Forest Service
Date: July 24, 2017
Docket Number: 17-2004
United States v. Kearn  
Date: July 21, 2017
Docket Number: 15-3121

Justia Opinion Summary: A jury convicted Jonathan Kearn of federal child pornography charges arising from pictures he took of his four-and-a-half year old daughter and shared on the internet. He was sentenced to a lengthy prison term followed b...

United States v. Workman  
Date: July 21, 2017
Docket Number: 16-1401

Justia Opinion Summary: The FBI used malware to identify and find viewers of child pornography to access illicit websites. The FBI maintained the website in the Eastern District of Virginia, but users were spread out all over the country. Findi...

United States v. Muhtorov
Date: July 21, 2017
Docket Number: 17-1220
United States v. Voog
Date: July 21, 2017
Docket Number: 17-4082
United States v. Kundo
Date: July 20, 2017
Docket Number: 16-4128
United States v. Magnan  
Date: July 20, 2017
Docket Number: 16-7043

Justia Opinion Summary: The district court sentenced Defendant David Magnan, a Native American, to three life terms after a jury convicted him of murdering three people in Indian Country. Defendant shot Lucilla McGirt twice and left her to die,...

United States v. Magnan
Date: July 20, 2017
Docket Number: 16-7046
United States v. Henderson
Date: July 20, 2017
Docket Number: 17-3101
Chevron Mining v. United States  
Date: July 19, 2017
Docket Number: 15-2209

Justia Opinion Summary: Under the federal environmental laws, the owner of property contaminated with hazardous substances or a person who arranges for the disposal of hazardous substances may be strictly liable for subsequent clean-up costs. T...

United States v. Lopez
Date: July 19, 2017
Docket Number: 16-1324
Harris v. Cozza-Rhodes
Date: July 19, 2017
Docket Number: 16-1385
Northern New Mexicans v. United States
Date: July 19, 2017
Docket Number: 16-2047
Coburn v. Wilkinson
Date: July 19, 2017
Docket Number: 16-7076
Pledger v. Russell
Date: July 19, 2017
Docket Number: 17-3008
Robles v. United States
Date: July 19, 2017
Docket Number: 17-3042
Jimenez v. Allbaugh
Date: July 19, 2017
Docket Number: 17-6077
Parker Excavating v. LaFarge West  
Date: July 18, 2017
Docket Number: 16-1225

Justia Opinion Summary: This appeal arose from a grant of summary judgment against Plaintiff-Appellant Parker Excavating, Inc. (“PEI”) on its civil rights claim against Defendants-Appellees Lafarge West, Inc. (“Lafarge”), Martin Marietta Minera...

Vreeland v. Wren
Date: July 18, 2017
Docket Number: 16-1437
Pueblo of Pojoaque v. New Mexico  
Date: July 18, 2017
Docket Number: 16-2228

Justia Opinion Summary: Plaintiffs-Appellants Pueblo of Pojoaque appealed a district court’s dismissal of its claim for declaratory and injunctive relief based on the New Mexico’s alleged unlawful interference with Class III gaming operations o...

United States v. Pickel  
Date: July 18, 2017
Docket Number: 16-3041

Justia Opinion Summary: Justin Pickel was convicted on two counts related to the operation of a marijuana-distribution network centered in Kansas. He was sentenced to 27 months in prison and 10 years of supervised release. The court also impose...

United States v. Richardson
Date: July 18, 2017
Docket Number: 16-6314
United States v. Autobee
Date: July 18, 2017
Docket Number: 17-1082
United States v. Purify
Date: July 18, 2017
Docket Number: 17-5012
Truby v. Denham
Date: July 17, 2017
Docket Number: 16-1486
United States v. Yepa  
Date: July 17, 2017
Docket Number: 16-2060

Justia Opinion Summary: “Custody does not automatically render [every] exchange an interrogation,” and the Tenth Circuit determined that certain statements defendant Gavin Yepa made while “tired, intoxicated and under tremendous emotional stres...

Rusk v. Warner
Date: July 17, 2017
Docket Number: 17-4044
Woods v. First National Bank of Durango
Date: July 13, 2017
Docket Number: 15-1491
Watson v. Mylan Pharmaceuticals
Date: July 13, 2017
Docket Number: 16-3349
Auto-Owners Insurance v. Fleming
Date: July 13, 2017
Docket Number: 16-4118
United States v. Wilfong
Date: July 13, 2017
Docket Number: 16-6342
Williamson v. Parker
Date: July 13, 2017
Docket Number: 16-6355
Jara v. Standard Parking
Date: July 13, 2017
Docket Number: 17-1015
United States v. Spaulding
Date: July 12, 2017
Docket Number: 16-1122
Ellison v. Roosevelt County
Date: July 12, 2017
Docket Number: 16-2270
United States v. Riesterer
Date: July 12, 2017
Docket Number: 17-1175
United States v. Coleman
Date: July 12, 2017
Docket Number: 17-2067
Northern Natural Gas v. Approximately 9117 Acres  
Date: July 11, 2017
Docket Number: 15-3272

Justia Opinion Summary: Northern Natural Gas Company initiated proceedings against a number of parties to condemn certain rights relating to the storage of natural gas in and under more than 9,000 acres of land in southeast Kansas, known as the...

Norton v. Ute Indian Tribe of the Uintah  
Date: July 11, 2017
Docket Number: 15-4170

Justia Opinion Summary: This matter arose from the death of Todd Murray, a Ute tribal member, following a police pursuit on the Uintah and Ouray Indian Reservation. Murray’s parents, his estate, and the Ute Indian Tribe (the “Tribal Plaintiffs”...

United States v. Meridyth
Date: July 11, 2017
Docket Number: 16-2037
United States v. Magallon-Maldanado
Date: July 11, 2017
Docket Number: 16-3368
Olson v. Berryhill
Date: July 10, 2017
Docket Number: 15-3231
United States v. McNeal (Ann Marie)  
Date: July 10, 2017
Docket Number: 16-1054

Justia Opinion Summary: A jury convicted Defendant Ann Marie McNeal under 18 U.S.C. 922(d)(1) for disposing of a firearm to her son, a convicted felon. Her primary claim on appeal was that evidence seized from her home under a search warrant sh...

White v. Wycoff  
Date: July 10, 2017
Docket Number: 16-1319

Justia Opinion Summary: Philip White obtained a judgment for $100,000 in compensatory damages and moved for an award of prejudgment interest. The district court denied the motion, viewing the bulk of the award as compensation for noneconomic da...

Scott v. Berryhill
Date: July 10, 2017
Docket Number: 16-1440
A. Kershaw, P.C. v. Shannon L. Spangler, P.C.
Date: July 10, 2017
Docket Number: 16-1483
Puckett v. USDA
Date: July 10, 2017
Docket Number: 16-6212
Goodson v. Dowling
Date: July 10, 2017
Docket Number: 17-6039
Ellis v. Raemisch
Date: July 7, 2017
Docket Number: 15-1088
Rader v. Citibank
Date: July 7, 2017
Docket Number: 16-1379
United States v. Hammons  
Date: July 7, 2017
Docket Number: 16-6024

Justia Opinion Summary: This case presented the question whether Oklahoma’s drive-by shooting statute, Okla. Stat. tit. 21, sec. 652(B), qualified as a violent felony under the federal Armed Career Criminal Act (ACCA). In 2004, defendant-appell...

Ni v. Sessions
Date: July 7, 2017
Docket Number: 16-9525
Davis v. Fox
Date: July 7, 2017
Docket Number: 17-1145
Christian v. Farris
Date: July 7, 2017
Docket Number: 17-6069
United States v. Carey
Date: July 7, 2017
Docket Number: 17-7006
Chapman v. Lampert
Date: July 7, 2017
Docket Number: 17-8043
Punt v. Kelly Services  
Date: July 6, 2017
Docket Number: 16-1026

Justia Opinion Summary: This case involved claims brought under the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act (GINA) by a temporary employee whose assignment by a staffing agency to work as the reception...

United States v. Autobee
Date: July 6, 2017
Docket Number: 17-1082
United States v. Monroe
Date: July 6, 2017
Docket Number: 17-1117
United States v. Halcrombe
Date: July 6, 2017
Docket Number: 17-3062
United States v. Williston  
Date: July 5, 2017
Docket Number: 15-7080

Justia Opinion Summary: In 2014, an FBI agent served a grand-jury subpoena on Defendant Dakota Williston while he was being held in jail on state charges unrelated to a crime that the grand jury was investigating. Williston appeared before the...

Jackson v. Besecker
Date: July 5, 2017
Docket Number: 16-1392
United States v. Ngo
Date: July 5, 2017
Docket Number: 16-6361
United States v. Valdez-Aguirre  
Date: July 3, 2017
Docket Number: 15-3275

Justia Opinion Summary: One form of allocution involves a trial court’s announcement of a definitive sentence before giving the defendant an opportunity to make his statement: this sequence creates a violation unless the court communicates its...

Schoenhofer v. McClaskey  
Date: July 3, 2017
Docket Number: 16-3226

Justia Opinion Summary: Plaintiff Ralph Rogerson, a licensed pest-control applicator in Kansas, challenged a regulation of the Kansas Department of Agriculture on the ground that it required excessive pesticide treatment in preconstruction appl...

Kline v. Biles  
Date: July 3, 2017
Docket Number: 16-3357

Justia Opinion Summary: In 2010, the Kansas Disciplinary Administrator filed a formal complaint against plaintiff-appellant Phillip Kline for violations of the Kansas Rules of Professional Conduct (KRPC). A panel held a disciplinary hearing in...

Chieftain Royalty v. Enervest Energy  
Date: July 3, 2017
Docket Number: 16-6022

Justia Opinion Summary: After settlement of a class action for royalties from gas wells, the federal district court for the Western District of Oklahoma awarded attorney fees to class counsel and an incentive award to the lead plaintiff to be p...

United States v. Arnold (Richard Sr.)
Date: July 3, 2017
Docket Number: 16-6152
United States v. Fishman
Date: July 3, 2017
Docket Number: 17-5039
Marlow v. The New Food Guy, Inc.  
Date: June 30, 2017
Docket Number: 16-1134

Justia Opinion Summary: Plaintiff Bridgette Marlow sued her employer The New Food Guy, Inc., d/b/a Relish Catering, under the Fair Labor Standards Act (FLSA). The FLSA required employers to pay a minimum wage of $7.25 per hour, plus time and a...

United States v. Crowe
Date: June 30, 2017
Docket Number: 16-1253
Hayes v. Osage Minerals
Date: June 30, 2017
Docket Number: 16-5060
United States v. Lee
Date: June 30, 2017
Docket Number: 16-6288
United States v. Angulo
Date: June 30, 2017
Docket Number: 17-6072
Reed v. Crofts
Date: June 30, 2017
Docket Number: 17-8004
United States v. Antwine
Date: June 29, 2017
Docket Number: 16-7088
Brokers' Choice of America v. NBC Universal  
Date: June 28, 2017
Docket Number: 15-1386

Justia Opinion Summary: In 2007, undercover producers from NBC Universal, Inc., attended and surreptitiously recorded a seminar presented by plaintiff-appellant Brokers’ Choice of America, Inc. to teach insurance agents how to sell annuities to...

Lansky v. Lengerich
Date: June 28, 2017
Docket Number: 16-1431
Powers v. Federal Bureau of Prisons
Date: June 28, 2017
Docket Number: 16-1490
Auld v. Sun West Mortgage Company
Date: June 28, 2017
Docket Number: 16-3069
United States v. Kutz
Date: June 28, 2017
Docket Number: 16-6266
Sione v. Sessions
Date: June 28, 2017
Docket Number: 16-9540
United States v. James
Date: June 28, 2017
Docket Number: 17-2048
Blakely v. USAA Casualty Insurance
Date: June 27, 2017
Docket Number: 15-4059
Fourth Corner Credit Union v. Federal Reserve Bank of Kansas  
Date: June 27, 2017
Docket Number: 16-1016

Justia Opinion Summary: The Fourth Corner Credit Union applied for a master account from the Federal Reserve Bank of Kansas City. The Reserve Bank denied the application, effectively crippling the Credit Union’s business operations. The Credit...

Kraemer v. Fox HIlls Owners Association
Date: June 27, 2017
Docket Number: 16-1373
Kansas v. National Indian Gaming Comm'n  
Date: June 27, 2017
Docket Number: 16-3015

Justia Opinion Summary: In response to a request from the Quapaw Tribe, the National Indian Gaming Commission (NIGC) Acting General Counsel issued a legal opinion letter stating that the Tribe’s Kansas trust land was eligible for gaming under t...

Leatherwood v. Allbaugh  
Date: June 27, 2017
Docket Number: 16-6251

Justia Opinion Summary: The district court denied state prisoner Michael Leatherwood’s habeas application. Leatherwood pled guilty in Oklahoma state court to two counts of Rape in the First Degree and four counts of Rape in the First Degree by...

Winger v. Meade District Hospital
Date: June 27, 2017
Docket Number: 17-3009
United States v. Ransom
Date: June 27, 2017
Docket Number: 17-3072
Lay v. Royal  
Date: June 26, 2017
Docket Number: 15-5111

Justia Opinion Summary: In 2004, petitioner-appellant Wade Lay and his so Chris attempted to rob a Tulsa bank, the money from which was going to fund a patriotic revolution against the federal government akin to what the Founding Fathers had do...

Vargas v. Bear
Date: June 26, 2017
Docket Number: 16-6354
Wall v. Tanner Clinic
Date: June 26, 2017
Docket Number: 17-4028
United States v. Carillo  
Date: June 23, 2017
Docket Number: 15-2200

Justia Opinion Summary: Jorge Carillo pleaded guilty to, inter alia, conspiring to distribute at least 100 grams of heroin. On appeal, he argued the district court’s acceptance of his guilty plea was at odds with Fed. R. Crim. P. 11(b)(1)(G)-(I...

Kellams v. Berryhill
Date: June 23, 2017
Docket Number: 16-1338
Crespo-Gutierrez v. Resendiz Ramirez
Date: June 23, 2017
Docket Number: 16-1428
Heard v. Chavez
Date: June 23, 2017
Docket Number: 16-2198
United States v. Arnold (Robert)
Date: June 23, 2017
Docket Number: 16-6089
United States v. Delgado-Ornelas
Date: June 23, 2017
Docket Number: 17-3053
Requena v. Sheridan
Date: June 23, 2017
Docket Number: 17-3096
Becker v. Cline
Date: June 22, 2017
Docket Number: 16-3262
United States v. Burton
Date: June 22, 2017
Docket Number: 16-4108
Vernon v. Dickson
Date: June 22, 2017
Docket Number: 16-6299
Farris v. Allbaugh
Date: June 22, 2017
Docket Number: 16-6347
Rice v. Trump
Date: June 22, 2017
Docket Number: 17-1009
Ghailani v. Sessions  
Date: June 21, 2017
Docket Number: 15-1128

Justia Opinion Summary: The government allowed a prisoner's SAMs to expire, and could not proffer a compelling argument to that continuing one such measure was not the least restrictive means of furthering a governmental interest. Plaintiff-app...

Pauly v. Vasquez
Date: June 21, 2017
Docket Number: 16-2213
United States v. Hsu
Date: June 21, 2017
Docket Number: 16-4171
United States v. Rabieh
Date: June 21, 2017
Docket Number: 16-6317
United States v. Ramirez
Date: June 21, 2017
Docket Number: 16-6335
Collins v. Bear
Date: June 21, 2017
Docket Number: 16-6339
United States v. Ortiz Fernandez
Date: June 21, 2017
Docket Number: 17-3012
Tucker v. Government Employees Insurance
Date: June 20, 2017
Docket Number: 14-1192
Clark v. United States
Date: June 20, 2017
Docket Number: 15-2113
United States v. Moreno
Date: June 20, 2017
Docket Number: 15-3051
United States v. Derusse  
Date: June 20, 2017
Docket Number: 15-3302

Justia Opinion Summary: The government appealed the sentence imposed in this kidnapping case. Defendant Joseph DeRusse, while suffering from then-undiagnosed mental health issues, kidnapped his ex-girlfriend with a BB gun, and drove her several...

American Humanist Assoc. v. Douglas County School District  
Date: June 20, 2017
Docket Number: 16-1049

Justia Opinion Summary: Plaintiffs were families with children enrolled in the Douglas County School District RE-1 (“DCSD”) and the American Humanist Association (“AHA”). Plaintiffs filed suit challenging various DCSD practices as violations of...

United States v. Gutierrez  
Date: June 20, 2017
Docket Number: 16-2197

Justia Opinion Summary: Defendant Jason Gutierrez was serving a 192-month term in federal prison. After the United States Sentencing Commission amended several of the guidelines under which he was sentenced, defendant filed a motion under 18 U....

Sause v. Bauer  
Date: June 20, 2017
Docket Number: 16-3231

Justia Opinion Summary: Plaintiff-appellant Mary Anne Sause filed suit under 42 U.S.C. 1983, alleging that defendants Officers Lee Stevens and Jason Lindsey violated her rights under the First Amendment stemming from a noise complaint investiga...

Ross v. University of Tulsa  
Date: June 20, 2017
Docket Number: 16-5053

Justia Opinion Summary: Plaintiff Abigail Ross was allegedly raped by a fellow student at the University of Tulsa. The alleged rape led plaintiff to sue the university for money damages under Title IX of the Education Amendments Act of 1972. Th...

Fuller v. Warden
Date: June 20, 2017
Docket Number: 17-1063
Erikson v. State of Oklahoma
Date: June 20, 2017
Docket Number: 17-6002
Bell v. Social Security Administration
Date: June 20, 2017
Docket Number: 17-6005
Counts v. Wilson
Date: June 20, 2017
Docket Number: 17-8003
United States v. Garcia
Date: June 20, 2017
Docket Number: 17-8024
Board of Education v. Henderson
Date: June 19, 2017
Docket Number: 16-2011
Ernst v. Creek County Public Facilities
Date: June 19, 2017
Docket Number: 16-5148
Pohl v. US Bank  
Date: June 16, 2017
Docket Number: 16-1144

Justia Opinion Summary: The district court did not err in holding that plaintiffs Stanley and Zinaida Pohl were precluded from asserting a claim to rescind the foreclosure sale of their home, based on their lender’s alleged violations of the Tr...

United States v. Acosta-Tavera
Date: June 16, 2017
Docket Number: 17-2050
Gustafson v. Luke
Date: June 15, 2017
Docket Number: 16-4156
Martinez v. Berryhill
Date: June 14, 2017
Docket Number: 16-1402
Mugan v. Denhem
Date: June 14, 2017
Docket Number: 16-1446
United States v. Rentz
Date: June 14, 2017
Docket Number: 16-2211
Lopez v. Berryhill
Date: June 13, 2017
Docket Number: 16-1357
United States v. Parker
Date: June 13, 2017
Docket Number: 16-1504
Herrera v. Las Cruces Public Schools
Date: June 13, 2017
Docket Number: 16-2179
Jones v. Price
Date: June 13, 2017
Docket Number: 16-2234
Greene v. Sprint Nextel Corp.
Date: June 13, 2017
Docket Number: 16-4133
Greene v. Housing Auth. of Los Angeles
Date: June 13, 2017
Docket Number: 16-4148
United States v. Rogers
Date: June 13, 2017
Docket Number: 16-7052
Smith v. State of Oklahoma
Date: June 13, 2017
Docket Number: 17-6081
United States v. Tellez-Castrejon
Date: June 12, 2017
Docket Number: 16-1353
Anderson v. Seven Falls Company
Date: June 12, 2017
Docket Number: 16-1377
DePaula v. Easter Seals El Mirador  
Date: June 12, 2017
Docket Number: 16-2068

Justia Opinion Summary: The Tenth Circuit affirmed the grant of summary judgment in favor of an employer whose employee sued for discrimination. The employer showed at trial that it fired the employee due to financial issues and the employee's...

United States v. Gonzalez-Ramos
Date: June 12, 2017
Docket Number: 17-5016
Pavatt v. Royal  
Date: June 9, 2017
Docket Number: 14-6117

Justia Opinion Summary: James Pavatt was convicted by an Oklahoma jury of first-degree murder and conspiracy to commit first-degree murder, for which he received the death penalty, plus ten years' imprisonment for the conspiracy conviction. Aft...

Burke v. State of New Mexico
Date: June 8, 2017
Docket Number: 16-2238
Yinger v. Postal Presort
Date: June 8, 2017
Docket Number: 16-3239
Pittman v. American Airlines
Date: June 8, 2017
Docket Number: 16-5129
Brown v. McCollum
Date: June 8, 2017
Docket Number: 16-6183
United States v. Wooten
Date: June 8, 2017
Docket Number: 16-7084
Alford v. Cline
Date: June 8, 2017
Docket Number: 17-3017
Safe Streets v. Alternative Holistic  
Date: June 7, 2017
Docket Number: 16-1048

Justia Opinion Summary: Three appeals arose from two cases that concerned the passage, implementation, and alleged effects of Amendment 64 to the Colorado Constitution, Colo. Const. art. XVIII, section 16. Amendment 64 repealed many of the Stat...

Sturgell v. Coffman
Date: June 7, 2017
Docket Number: 16-1419
Leek v. Miller
Date: June 7, 2017
Docket Number: 16-3225
United States v. Gabourel
Date: June 7, 2017
Docket Number: 16-6227
Nauman v. Utah Highway Patrol
Date: June 7, 2017
Docket Number: 17-4016
Mandeville v. Crowley
Date: June 7, 2017
Docket Number: 17-6036
United States v. Williamson  
Date: June 6, 2017
Docket Number: 15-3147

Justia Opinion Summary: Brett Williamson was charged with and convicted of various child pornography offenses. Prior to trial, it came to light that his defense counsel and the prosecutor trying the case had a history together: they were divorc...

Niederquell v. Bank of America
Date: June 6, 2017
Docket Number: 16-1107
Hill v. Oliver
Date: June 6, 2017
Docket Number: 16-1165
Bryant v. Stancil
Date: June 6, 2017
Docket Number: 16-1500
United States v. Webster
Date: June 6, 2017
Docket Number: 16-3350
United States v. Embry
Date: June 6, 2017
Docket Number: 16-5175
Williams v. Miller
Date: June 6, 2017
Docket Number: 16-6346
Requena v. Roberts
Date: June 6, 2017
Docket Number: 17-3041
Pioneer Centres Holding Co v. Alerus Financial, N.A.  
Date: June 5, 2017
Docket Number: 15-1227

Justia Opinion Summary: The Pioneer Centres Holding Company Employee Stock Ownership Plan and Trust and its trustees sued Alerus Financial, N.A. for breach of fiduciary duty in connection with the failure of a proposed employee stock purchase....

Pioneer Centres Holding Co v. Alerus Financial, N.A.,
Date: June 5, 2017
Docket Number: 15-1245
United States v. Torres-Garcia
Date: June 5, 2017
Docket Number: 16-4213
United States v. Alexander
Date: June 5, 2017
Docket Number: 16-7092
Bird v. Wyoming Dept. of Corrections
Date: June 5, 2017
Docket Number: 17-8034
Hiatt v. Colorado Seminary  
Date: June 2, 2017
Docket Number: 16-1159

Justia Opinion Summary: The district court did not err in its grant of summary judgment in favor of an employee's former employer and supervisors in her Title IX discrimination and retaliation suit. Dr. Tawny Hiatt was hired by Colorado Seminar...

United States v. Johnson
Date: June 2, 2017
Docket Number: 16-6372
Greene v. Inglewood Housing Authority
Date: June 2, 2017
Docket Number: 17-4026
United States v. Richardson
Date: June 2, 2017
Docket Number: 17-6026
Finn v. Great Plains Lending
Date: June 1, 2017
Docket Number: 16-6348
Tucker v. Mercy Tishomingo Hospital
Date: June 1, 2017
Docket Number: 16-6364
Davison v. McCollum
Date: June 1, 2017
Docket Number: 17-5027
Donjuan-Laredo v. Sessions
Date: May 31, 2017
Docket Number: 15-9568
Sparks v. Singh
Date: May 31, 2017
Docket Number: 16-1290
Bristow Endeavor Healthcare v. AHS Hillcrest
Date: May 31, 2017
Docket Number: 16-5149
Crank v. Bronfin
Date: May 31, 2017
Docket Number: 17-1134
United States v. Mendoza-Acosta
Date: May 31, 2017
Docket Number: 17-2000
United States v. Prentice
Date: May 31, 2017
Docket Number: 17-6006
Chan v. CIR
Date: May 30, 2017
Docket Number: 16-4197
United States v. Schubert
Date: May 30, 2017
Docket Number: 16-6216
Lomack v. Farris
Date: May 30, 2017
Docket Number: 16-6232
United States v. Bell
Date: May 30, 2017
Docket Number: 16-6332
Public Service Company of NM v. Barboan  
Date: May 26, 2017
Docket Number: 16-2050

Justia Opinion Summary: Unable to win the consent of all necessary landowners, a public utility company contended it had a statutory right to condemn a right-of-way on two parcels of land in New Mexico. Because federal law did not permit condem...

Schwab v. State of Kansas
Date: May 26, 2017
Docket Number: 16-3284
Iselin v. Bama Companies
Date: May 26, 2017
Docket Number: 16-5132
United States v. Haupt
Date: May 26, 2017
Docket Number: 17-3056
United States v. Garcia
Date: May 25, 2017
Docket Number: 16-1011
Hays v. Berryhill
Date: May 25, 2017
Docket Number: 16-1341
United States v. Aparicio
Date: May 25, 2017
Docket Number: 16-2232
United States v. Mowery
Date: May 25, 2017
Docket Number: 16-2247
Booth v. Davis
Date: May 25, 2017
Docket Number: 16-3153
Lee v. Berryhill
Date: May 25, 2017
Docket Number: 16-5163
McMiller v. Corrections Corp. of America
Date: May 25, 2017
Docket Number: 16-6275
Rollins v. Fisch
Date: May 25, 2017
Docket Number: 17-1029
Wright v. State of Colorado
Date: May 25, 2017
Docket Number: 17-1068
Bryan v. Clark  
Date: May 24, 2017
Docket Number: 16-1172

Justia Opinion Summary: The Bankruptcy Appellate Panel (BAP) concluded the bankruptcy court correctly declined to apply the doctrine of marshaling in favor of a secured creditor, because the common debtor requirement imposed by Colorado law was...

United States v. $112,061.00 in US Currency
Date: May 24, 2017
Docket Number: 16-1388
Morris v. Gracy
Date: May 24, 2017
Docket Number: 16-3281
Fisher v. Koopman
Date: May 23, 2017
Docket Number: 16-1335
United States v. Pauler  
Date: May 23, 2017
Docket Number: 16-3070

Justia Opinion Summary: Defendant Alexander Pauler was convicted of possessing a firearm after having previously been convicted of a misdemeanor crime of domestic violence. The district court denied Defendant’s motion to dismiss the indictment...

Blough v. Rural Electric Coop
Date: May 23, 2017
Docket Number: 16-6176
Energy West v. Blackburn  
Date: May 23, 2017
Docket Number: 16-9533

Justia Opinion Summary: Morris Blackburn worked as a coal miner for twenty years, exposed to dust in an Energy West coal mine. He also smoked cigarettes, and eventually developed a respiratory disease. Based on this disease, Blackburn claimed b...

Faircloth v. Raemisch
Date: May 23, 2017
Docket Number: 17-1078
Sawyer v. Kinlen
Date: May 23, 2017
Docket Number: 17-3007
McCoy v. Allbaugh
Date: May 23, 2017
Docket Number: 17-6032
Davis v. GEO Group Corrections
Date: May 23, 2017
Docket Number: 17-6059
United States v. Petty  
Date: May 22, 2017
Docket Number: 15-1421

Justia Opinion Summary: The test applied in evaluating the constitutionality of a reasonable doubt jury instruction instruction is not whether a court finds it exemplary. Rather, the proper inquiry requires a court to consider the instructions...

United States v. Phung
Date: May 22, 2017
Docket Number: 16-6352
Espinoza-Horiuchi v. Walmart Stores
Date: May 22, 2017
Docket Number: 17-1080
Jacks v. CMH Homes  
Date: May 17, 2017
Docket Number: 15-6197

Justia Opinion Summary: In 2009, Jacquelyn Jacks bought a manufactured home from CMH Homes, Inc., on an installment plan. The purchase was financed through CMH Homes under a manufactured home retail installment contract. The contract contained...

United States v. Simpson-El  
Date: May 17, 2017
Docket Number: 16-3107

Justia Opinion Summary: This appeal involved a criminal defendant’s obligation to pay restitution to his victims. Kapelle Simpson-El was convicted of crimes involving the sale of stolen cars. His sentence included a restitution obligation of $4...

Hatten-Gonzales v. Earnest
Date: May 16, 2017
Docket Number: 16-2064
United States v. Jack
Date: May 16, 2017
Docket Number: 16-2256
Adkins v. Koduri
Date: May 16, 2017
Docket Number: 16-3353
United States v. Bonat
Date: May 16, 2017
Docket Number: 16-7082
Yellowbear v. Norris
Date: May 16, 2017
Docket Number: 16-8125
Singh v. Sessions
Date: May 16, 2017
Docket Number: 16-9548
United States v. Esquibel
Date: May 15, 2017
Docket Number: 16-2201
Jones v. Needham  
Date: May 12, 2017
Docket Number: 16-6156

Justia Opinion Summary: Plaintiff-Appellant Bryan “Shane” Jones appealed the dismissal of his Title VII sex discrimination claim against Defendant-Appellee Needham Trucking, LLC and his state law tort claim for wrongful interference with a cont...

United States v. Arrendondo-Valenzuela
Date: May 12, 2017
Docket Number: 17-3014
United States v. Tubens
Date: May 12, 2017
Docket Number: 17-4011
Ellis v. Raemisch  
Date: May 11, 2017
Docket Number: 15-1088

Justia Opinion Summary: A jury convicted Mark Ellis of five felony offenses and one misdemeanor offense involving child sexual assault on his adopted daughter, V.E. Child sexual assault allegations against Ellis first arose during his contentio...

United States v. Ransom
Date: May 11, 2017
Docket Number: 15-3293
United States v. Coates
Date: May 11, 2017
Docket Number: 16-8127
United States v. Perez
Date: May 11, 2017
Docket Number: 17-4009
United States v. Twitty
Date: May 9, 2017
Docket Number: 16-1322
United States v. Chavira-Nunez
Date: May 9, 2017
Docket Number: 16-1488
Cincinnati Specialty v. Urbano
Date: May 9, 2017
Docket Number: 16-2178
Hartz v. Sale
Date: May 9, 2017
Docket Number: 16-3301
Blair v. Alcatel-Lucent Long Term Disab
Date: May 9, 2017
Docket Number: 16-7062
United States v. Contreras
Date: May 8, 2017
Docket Number: 16-2217
Lowe v. Allbaugh
Date: May 5, 2017
Docket Number: 16-6247
Wheeler v. Allstate Insurance Company
Date: May 4, 2017
Docket Number: 15-4159
Farrakhan-Muhammad v. Oliver
Date: May 4, 2017
Docket Number: 16-1367
Couch v. Mitchell
Date: May 4, 2017
Docket Number: 16-3309
Russell v. Phillips 66 Company
Date: May 4, 2017
Docket Number: 16-5063
United States v. Pena
Date: May 4, 2017
Docket Number: 16-6340
Bandimere v. USSEC
Date: May 3, 2017
Docket Number: 15-9586
United States v. Gallegos
Date: May 3, 2017
Docket Number: 16-1269
State Farm Fire v. Dawson
Date: May 3, 2017
Docket Number: 16-6356
Sanders v. Biden
Date: May 3, 2017
Docket Number: 17-1043
Leathers v. Leathers  
Date: May 2, 2017
Docket Number: 15-3264

Justia Opinion Summary: This case involved a dispute over the ownership of mineral rights appurtenant to several tracts of land located in Haskell County, Kansas. Michael Leathers and his brother Ronald Leathers each inherited half of these min...

Green Solution Retail v. United States  
Date: May 2, 2017
Docket Number: 16-1281

Justia Opinion Summary: “Lowrie v. United States,” (824 F.2d 827 (10th Cir. 1987)), is still the controlling case law in matters challenging “activities leading up to and culminating in” an assessment. The Green Solution was a Colorado-based ma...

Coones v. Shelton
Date: May 2, 2017
Docket Number: 16-3329
Cerveny v. Aventis, Inc.  
Date: May 2, 2017
Docket Number: 16-4050

Justia Opinion Summary: The Cervenys sued the manufacturer of Clomid (Aventis, Inc.), asserting various tort claims under Utah law: failure to warn under theories of strict liability and negligence, breach of implied warranty, negligent misrepr...

Awadh v. Farm Bureau Mut. Insurance Co.
Date: May 2, 2017
Docket Number: 16-4151
United States v. Morgan  
Date: May 2, 2017
Docket Number: 16-5015

Justia Opinion Summary: Patrolling a high-crime area in Tulsa, Oklahoma, an officer saw a man riding a bicycle against traffic and not using a bicycle headlight, in violation of Tulsa’s traffic law. Unknown to the officer, the bicyclist was Phi...

United States v. Murguia-Marquez
Date: May 2, 2017
Docket Number: 16-6285
United States v. McClendon
Date: May 2, 2017
Docket Number: 16-6323
Mohn v. Zinke
Date: May 2, 2017
Docket Number: 17-5002
Fogle v. Palomino
Date: May 1, 2017
Docket Number: 16-1261
Singh v. U.S. Bank National Association
Date: May 1, 2017
Docket Number: 16-2257
Allen v. Colvin
Date: May 1, 2017
Docket Number: 16-3316
Margheim v. Buljko
Date: April 28, 2017
Docket Number: 16-1121
Salmon v. Nutra Pharma Corp.
Date: April 28, 2017
Docket Number: 16-5122
Camick v. United States
Date: April 28, 2017
Docket Number: 17-3013
Margheim v. Buljko  
Date: April 27, 2017
Docket Number: 16-1121

Justia Opinion Summary: The Tenth Circuit found that Terry Margheim failed to show an essential element of his malicious prosecution claim against deputy district attorney Emela Buljko to establish a constitutional violation. For that reason, t...

United States v. House
Date: April 27, 2017
Docket Number: 16-1413
Diaz v. King
Date: April 27, 2017
Docket Number: 16-2227
Larson v. Larson
Date: April 27, 2017
Docket Number: 16-8065
United States v. Thomas
Date: April 26, 2017
Docket Number: 16-1321
Baker v. City of Loveland
Date: April 26, 2017
Docket Number: 16-1435
Kincaid v. Bear
Date: April 26, 2017
Docket Number: 16-6353
United States v. Batton
Date: April 26, 2017
Docket Number: 16-8043
Craine v. National Science Foundation
Date: April 26, 2017
Docket Number: 16-9536
Lessard v. Cravitz
Date: April 25, 2017
Docket Number: 16-1351
NM Dept. of Game & Fish v. Dept. of Interior  
Date: April 25, 2017
Docket Number: 16-2189

Justia Opinion Summary: Consolidated appeals arose out of the district court’s grant of a preliminary injunction to the New Mexico Department of Game and Fish. The injunction followed the release, without a state permit, of two Mexican gray wol...

Farris v. Burton
Date: April 25, 2017
Docket Number: 16-3272
Pledger v. State of Kansas
Date: April 25, 2017
Docket Number: 16-3288
United States v. Grigsby
Date: April 25, 2017
Docket Number: 16-3327
Blaurock v. State of Kansas
Date: April 25, 2017
Docket Number: 16-3356
United States v. De Rangel
Date: April 25, 2017
Docket Number: 16-5126
United States v. Nicholas
Date: April 24, 2017
Docket Number: 16-3043
Jackson v. Education and Employment
Date: April 24, 2017
Docket Number: 16-6196
New Mexico v. Dept. of the Interior  
Date: April 21, 2017
Docket Number: 14-2219

Justia Opinion Summary: The State of New Mexico sued the Department of the Interior (“DOI”) to challenge its authority to promulgate the regulations found at 25 C.F.R. 291 et seq. (“Part 291”). The challenged regulations concerned the process u...

Graves v. American Family Mutual
Date: April 21, 2017
Docket Number: 15-3187
Crews v. Paine
Date: April 21, 2017
Docket Number: 16-1216
United States v. Acosta
Date: April 21, 2017
Docket Number: 16-2139
United States v. Soza
Date: April 21, 2017
Docket Number: 16-2182
Forbes v. Kinder Morgan
Date: April 21, 2017
Docket Number: 16-3081
Arbogast v. State of Kansas, Dept. Labor
Date: April 21, 2017
Docket Number: 16-3303
United States v. Timley
Date: April 21, 2017
Docket Number: 16-3366
Fletcher v. United States  
Date: April 21, 2017
Docket Number: 16-5050

Justia Opinion Summary: Plaintiffs-Appellants, a certified class of Osage tribal members who owned headrights, appealed the district court’s accounting order. Plaintiffs alleged that the government was improperly distributing royalties to non-O...

United States v. Arevalo-Magana
Date: April 21, 2017
Docket Number: 16-5121
Furber v. Taylor
Date: April 20, 2017
Docket Number: 16-1014
Myers v. Wells Fargo Bank
Date: April 20, 2017
Docket Number: 16-6316
United States v. McAbee
Date: April 20, 2017
Docket Number: 16-8033
Keller Tank Services v. CIR
Date: April 20, 2017
Docket Number: 16-9001
Todd v. Raemisch
Date: April 20, 2017
Docket Number: 17-1079
United States v. Boyd
Date: April 20, 2017
Docket Number: 17-6007
Hayes Family Trust v. State Farm Fire & Casualty
Date: April 19, 2017
Docket Number: 15-6231
Jones v. Archuleta
Date: April 19, 2017
Docket Number: 16-1398
Brownrigg v. Colvin
Date: April 19, 2017
Docket Number: 16-7002
Huckfeldt v. State of Wyoming
Date: April 19, 2017
Docket Number: 16-8131
Anders v. Colvin
Date: April 18, 2017
Docket Number: 15-4181
Agassounon v. Jeppesen Sanderson
Date: April 18, 2017
Docket Number: 16-1295
Zander v. Knight Transportation
Date: April 18, 2017
Docket Number: 16-3018
United States v. Jordan  
Date: April 18, 2017
Docket Number: 16-3084

Justia Opinion Summary: Defendant Gregory Jordan was sentenced to 168 months’ imprisonment pursuant to a Fed. R. Crim. P. 11(c)(1)(C) agreement that proposed a base offense level of 31 and a Guidelines range of 135 to 168 months. The district c...

Brecek & Young Advisors v. Lloyds London Syndicate 2003
Date: April 18, 2017
Docket Number: 16-3245
Loftis v. Eades
Date: April 18, 2017
Docket Number: 16-7009
Hill v. CCA
Date: April 14, 2017
Docket Number: 16-1299
United States v. Chavez-Meza  
Date: April 14, 2017
Docket Number: 16-2062

Justia Opinion Summary: Adaucto Chavez-Meza pleaded guilty to drug conspiracy charges in 2013. He originally received a prison sentence of 135 months, the Sentencing Guidelines minimum. In 2014, the Sentencing Commission amended the Guidelines...

Schwers v. Berry
Date: April 14, 2017
Docket Number: 16-2262
United States v. Gilkey
Date: April 14, 2017
Docket Number: 16-3105
United States v. Winegar
Date: April 14, 2017
Docket Number: 16-3242
United States v. Eden
Date: April 14, 2017
Docket Number: 16-3304
Thomas v. Colvin
Date: April 13, 2017
Docket Number: 16-1343