2023 Tenth Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 920
Date: December 28, 2023
Docket Number: 22-5072
Justia Opinion Summary: In the case before the United States Court of Appeals for the Tenth Circuit, the defendant Christopher Guinn appealed his convictions for aggravated sexual abuse and assault, arguing that the district court improperly…
Date: December 26, 2023
Docket Number: 23-2014
Date: December 26, 2023
Docket Number: 23-2029
Justia Opinion Summary: In February 2021, police officers found Justin Stepp, a convicted felon, with a gunshot wound in a car driven by his girlfriend, along with a firearm in the car’s console and ammunition under the passenger seat. A…
Date: December 22, 2023
Docket Number: 22-1408
Justia Opinion Summary: Barbara Lindsay, the former Director of Workforce Development and Career Services at Emily Griffith Technical College (EGTC), sued Denver Public Schools (DPS) and Stephanie Donner, EGTC's Executive Director, for…
Date: December 22, 2023
Docket Number: 22-5112
Justia Opinion Summary: In this case, Pamela Kathryn Conley appealed her sentence for bank fraud and aggravated identity theft. She argued that the district court incorrectly calculated her loss amount for the bank fraud offense, and that the…
Date: December 20, 2023
Docket Number: 22-1167
Justia Opinion Summary: In this case, Domingo Martinez Jr. was convicted of possession with intent to distribute and distribution of 50 grams or more of methamphetamine. On appeal, he challenged the admission of a narcotics detective’s…
Date: December 20, 2023
Docket Number: 22-4118
Date: December 20, 2023
Docket Number: 23-9506
Justia Opinion Summary: In a case brought before the United States Court of Appeals for the Tenth Circuit, Bruce McWhorter, a mechanic, had his certification revoked by the Federal Aviation Administration (FAA) after it was discovered that he…
Date: December 15, 2023
Docket Number: 23-6071
Justia Opinion Summary: The United States Court of Appeals for the Tenth Circuit ruled that impounding a vehicle from a private property without a reasonable, non-pretextual community-caretaking rationale violates the Fourth Amendment. The…
Date: December 12, 2023
Docket Number: 22-2073
Justia Opinion Summary: The United States Court of Appeals for the Tenth Circuit decided in favor of a debtor, Chuza Oil Company, and its related parties, who were alleged to have made fraudulent transfers during bankruptcy proceedings. The…
Date: December 11, 2023
Docket Number: 22-1389
Date: December 11, 2023
Docket Number: 23-1070
Date: December 6, 2023
Docket Number: 22-8024
Justia Opinion Summary: In the case involving BP America Production Company and Debra Anne Haaland, the United States Court of Appeals for the Tenth Circuit affirmed the district court's ruling upholding the agency order requiring BP to pay…
Date: December 5, 2023
Docket Number: 22-4082
Justia Opinion Summary: In a case involving the Employee Retirement Income Security Act of 1974 (ERISA), a plan participant, Ian C., sought coverage for his son, A.C., to receive treatment at Catalyst Residential Treatment for mental health and…
Date: December 4, 2023
Docket Number: 21-4127
Justia Opinion Summary: In the case before the United States Court of Appeals for the Tenth Circuit, the plaintiff, Robert Hampton, sued his former employer, the Utah Department of Corrections (UDC), alleging violations of the Rehabilitation…
Date: November 30, 2023
Docket Number: 22-1259
Date: November 30, 2023
Docket Number: 22-3071
Justia Opinion Summary: In 2016 Watchous Enterprises, LLC contracted with one of the five individual defendant companies, Pacific National Capital, paying it a $7,600 nonrefundable deposit to secure help finding a lender or a joint-venture…
Date: November 29, 2023
Docket Number: 22-3275
Justia Opinion Summary: Plaintiff Team Industrial Services, Inc. (Team) suffered a $222 million judgment against it in a wrongful-death lawsuit arising out of a steam-turbine failure in June 2018 at a Westar Energy, Inc. (Westar) power plant.…
Date: November 21, 2023
Docket Number: 21-4110
Justia Opinion Summary: Plaintiff-Appellant E.W. was a participant in an employer-sponsored health insurance plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). E.W.’s daughter, Plaintiff-Appellant I.W., was a…
Date: November 21, 2023
Docket Number: 23-2011
Justia Opinion Summary: Timothy Chischilly gathered five relatives to get something “off his chest.” To the shock of the relatives, Chischilly confessed that he and his girlfriend, defendant-appellee Stacey Yellowhorse, had killed a woman. The…
Date: November 15, 2023
Docket Number: 22-1285
Justia Opinion Summary: On August 1, 2016, Plaintiff Sean Stetson and Defendant Edmonds were part of a low-speed, sideswipe vehicle accident. Although no one reported injuries on the scene, two weeks after the accident, Plaintiff sought medical…
Date: November 14, 2023
Docket Number: 22-1365
Justia Opinion Summary: Defendants filed an interlocutory appeal, challenging the district court’s denial of qualified immunity to Officer David McNamee, Officer Cory Budaj, and Sergeant Patricio Serrant. Between May 28 and June 2, 2020,…
Date: November 14, 2023
Docket Number: 22-6114
Justia Opinion Summary: Defendant Terrence Taylor plead guilty to two counts of being a felon in possession of ammunition and one count of felon in possession of firearms. On appeal, he argued these charges were multiplicitous in violation of…
Date: November 9, 2023
Docket Number: 22-1355
Justia Opinion Summary: The plaintiffs in this case, which included the estate and surviving family members of Allan Thomas George, filed a 42 U.S.C. § 1983 action against the City of Rifle, Colorado (the City), Tommy Klein, the chief of the…
Date: November 7, 2023
Docket Number: 21-8078
Justia Opinion Summary: Plaintiff-Appellant Gracie Ann Forth appealed the grant of summary judgement entered in favor of Defendant-Appellee Laramie County School District Number 1 (“LCSD1”) on Forth’s claim under Title IX of the Education…
Date: November 7, 2023
Docket Number: 22-6175
Justia Opinion Summary: Defendant-Appellant Dalton “Dash” Brown pled guilty to a single count of being a felon in possession of ammunition, and was sentenced to 120 months’ imprisonment and three years’ supervised release. On appeal, he…
Date: October 31, 2023
Docket Number: 21-4099
Date: October 31, 2023
Docket Number: 22-1096
Justia Opinion Summary: Monarch Casino & Resort, Inc. appealed a district court’s grant of Affiliated FM Insurance Company’s (“AFM”) motion for partial judgment on the pleadings, which denied Monarch coverage under AFM’s all-risk policy…
Date: October 31, 2023
Docket Number: 22-1291
Justia Opinion Summary: Two law firms that represented Plaintiffs in this litigation, Schlichter Bogard & Denton LLP (“SBD”) and Schneider Wallace Cottrell Konecky LLP (“SWCK”), appealed the district court’s order imposing sanctions against…
Date: October 31, 2023
Docket Number: 22-8080
Justia Opinion Summary: Plaintiffs Carlie Sherman, Anna Gozun, and Amanda Nash appealed a district court’s denial of class certification in a forced labor action against Trinity Teen Solutions (“Trinity”), a residential treatment center for…
Date: October 31, 2023
Docket Number: 23-4010
Justia Opinion Summary: Explosives manufacturer Dyno Nobel tendered an action to its commercial general liability insurance policyholder, Steadfast Insurance Company (“Steadfast”), after being sued in Missouri for damages caused by the release…
Date: October 30, 2023
Docket Number: 22-5073
Justia Opinion Summary: In 2008 Plaintiff Bill Grubb signed an employment agreement with Defendant DXP Enterprises to lead the development and production of horizontal pumps. The agreement recited that the parties intended to create a new…
Date: October 30, 2023
Docket Number: 22-5076
Justia Opinion Summary: Defendant-appellant Kenneth Walker appealed his conviction and sentence for assault resulting in serious bodily injury within Indian country. Walker lived "off and on" with his adult niece, Victoria Dirickson. Walker…
Date: October 26, 2023
Docket Number: 23-2108
Date: October 25, 2023
Docket Number: 22-1319
Date: October 24, 2023
Docket Number: 22-5056
Justia Opinion Summary: Defendant-appellant Edward Parson was convicted by jury of aggravated sexual abuse of a child. Parson argued: (1) the district court erred in admitting expert testimony about the process of child-sexual-abuse disclosures…
Date: October 24, 2023
Docket Number: 22-5083
Justia Opinion Summary: Defendant-Appellant Anthony Mason was convicted by a jury of assault of an intimate or dating partner by strangulation and Oklahoma first-degree burglary. The Presentence Report (PSR) initially calculated an offense…
Date: October 23, 2023
Docket Number: 21-8058
Justia Opinion Summary: Plaintiff John Frank sued Wyoming state and local officials in federal district court under 42 U.S.C. § 1983, contending Wyoming's electioneering statute violated the First Amendment, facially and as applied. Frank, a…
Date: October 17, 2023
Docket Number: 22-1226
Justia Opinion Summary: Randy Quint, John Linn, and Mark Molina (“Colorado Plaintiffs”) filed a class and collective action against Vail Resorts, Inc. alleging violations of federal and state labor laws (“Colorado Action”). Different plaintiffs…
Date: October 16, 2023
Docket Number: 21-4128
Justia Opinion Summary: When he discovered his copyrighted book and song online, Plaintiff Russell Greer sent a “takedown notice” to Defendants Joshua Moon and his website Kiwi Farms, requesting the material be removed from the Kiwi Farms site.…
Date: October 16, 2023
Docket Number: 22-6071
Justia Opinion Summary: American Southwest Mortgage Corporation and American Southwest Mortgage Funding Corporation (together, “the Lenders”) loaned money to First Mortgage Company, LLC. Robinson Gary Johnson & Associates, PLLC (the “Auditor”)…
Date: October 13, 2023
Docket Number: 22-1190
Justia Opinion Summary: Plaintiff Van Sant & Co. (Van Sant) owned and operated a mobile home park in Calhan, Colorado, for a number of years. In 2018, Van Sant began to publicly explore the possibility of converting its mobile home park to an…
Date: October 12, 2023
Docket Number: 22-4001
Justia Opinion Summary: Plaintiff-appellant Melonie Staheli appealed the denial of her application for Social Security disability benefits. She applied for benefits in 2018, alleging disability beginning March 28, 2018. In 2005, an automobile…
Date: October 11, 2023
Docket Number: 22-2100
Justia Opinion Summary: Defendant Alfredo Nunez-Carranza, a Mexican citizen, challenged his fifty-one-month sentence for unlawfully reentering the United States after previously being removed. The fifty-one-month sentence fell at the bottom of…
Date: October 11, 2023
Docket Number: 22-8019
Justia Opinion Summary: Wyoming Gun Owners, a non-profit gun rights advocacy group, aired a provocative radio ad in the run-up to Wyoming’s 2020 primary election. The ad extolled the pro-gun credentials of one candidate while branding the other…
Date: October 10, 2023
Docket Number: 22-6205
Date: October 5, 2023
Docket Number: 22-2056
Justia Opinion Summary: Defendant-Appellant Bentley Streett was arrested for, and eventually pleaded guilty to, various counts of child pornography and sexual activity with minors. His actions were discovered by the mother of one of the minors…
Date: October 3, 2023
Docket Number: 22-1118
Justia Opinion Summary: Plaintiffs brought two actions against KeyPoint Government Solutions: a collective action under the Fair Labor Standards Act (the FLSA) on behalf of KeyPoint employees nationwide, and a state-law putative class action on…
Date: September 26, 2023
Docket Number: 21-7054
Justia Opinion Summary: Appellant Ricardo Martinez was convicted after pleading guilty to one count of distribution of methamphetamine. He appealed the sentence he received, contending the district court miscalculated his advisory Sentencing…
Date: September 18, 2023
Docket Number: 21-6155
Justia Opinion Summary: Plaintiff Deer Creek Water Corporation filed suit against Oklahoma City and Oklahoma City Water Utilities Trust (together, the City) seeking a declaratory judgment that the City could not provide water service to a…
Date: September 18, 2023
Docket Number: 22-3122
Justia Opinion Summary: In 2019, defendant-appellant Larry Coates was caught possessing child pornography. At the time, he was serving supervised release for Kansas-state child exploitation violations. Coates pleaded guilty to a single count of…
Date: September 18, 2023
Docket Number: 22-7015
Justia Opinion Summary: Defendant-appellant Michael David Jackson was convicted and sentenced for several offenses stemming from the sexual abuse of his young niece, including two counts of possession of child pornography. On appeal Jackson…
Date: September 18, 2023
Docket Number: 22-9546
Justia Opinion Summary: In a May 2022 final rule, the U.S. Environmental Protection Agency (EPA) approved a revision to Colorado’s State Implementation Plan (SIP) certifying Colorado’s existing, EPA-approved Nonattainment New Source Review…
Date: September 15, 2023
Docket Number: 21-4121
Justia Opinion Summary: Roughly 50 years ago, Congress banned the possession of firearms by convicted felons. After Congress enacted this ban, the U.S. Supreme Court held that the Second Amendment guaranteed a personal right to possess…
Date: September 15, 2023
Docket Number: 22-8023
Justia Opinion Summary: Victims of the 2018 Roosevelt Fire in Wyoming sued the United States Forest Service, alleging it negligently delayed its suppression response. The Forest Service moved to dismiss the complaint on the grounds that it was…
Date: September 13, 2023
Docket Number: 22-1396
Date: September 13, 2023
Docket Number: 22-6202
Date: September 12, 2023
Docket Number: 21-2101
Justia Opinion Summary: A district court conducted two hours of voir dire in a courtroom closed to the public and broadcasted live over an audio feed. After Defendant Quentin Veneno, Jr. objected, the district court concluded that the dangers…
Date: September 11, 2023
Docket Number: 21-1231
Justia Opinion Summary: Plaintiff-appellee Mark Wilson claimed his former employer, Schlumberger Technology Corporation, violated the Fair Labor Standards Act by classifying him as exempt from overtime pay for hours worked beyond the 40-hour…
Date: September 11, 2023
Docket Number: 22-1070
Justia Opinion Summary: Defendant-appellant Luis Leon was stopped by law enforcement after he was observed illegally driving in a passing lane. Leon was traveling eastbound on I-70 in Colorado when Colorado State Patrol Trooper Shane Gosnell…
Date: September 11, 2023
Docket Number: 22-1252
Justia Opinion Summary: Plaintiff-appellee Gary Waetzig filed an age discrimination lawsuit against his former employer, Halliburton Energy Services, Inc. Because he was contractually bound to arbitrate his claim, he voluntarily dismissed his…
Date: September 8, 2023
Docket Number: 22-9576
Justia Opinion Summary: Petitioner Hugo Abisai Monsalvo Velazquez petitioned for review of a Board of Immigration Appeals’ (BIA) denial of his motion for reconsideration of the BIA’s dismissal of his motion to reopen proceedings. The Tenth…
Date: September 6, 2023
Docket Number: 22-4045
Justia Opinion Summary: Appellants Cole Matney and Paul Watts (together, "Matney") participated in an employer-sponsored retirement plan (the Plan). They brought a putative class action suit against Appellees, Barrick Gold of North America,…
Date: September 6, 2023
Docket Number: 22-7023
Justia Opinion Summary: Defendant-appellant Jeffery Sumka was sentenced to 137 months’ imprisonment for sexual abuse of a minor. At sentencing, the district court applied several enhancements over Sumka’s objection after finding that Sumka had…
Date: August 31, 2023
Docket Number: 22-7012
Justia Opinion Summary: Defendant Diamond Britt was convicted of first-degree murder in Indian Country, for which he was sentenced to life imprisonment. Britt appealed, arguing, in pertinent part, that the district court erred by refusing his…
Date: August 30, 2023
Docket Number: 21-6097
Justia Opinion Summary: Petitioner-appellant Isaiah Tryon accosted Tia Bloomer, his estranged girlfriend and the mother of his son, in a bus station and stabbed her seven times, resulting in her death. A jury convicted Tryon of first-degree…
Date: August 28, 2023
Docket Number: 22-1099
Justia Opinion Summary: Husband Steven McAnulty was married twice: once to Plaintiff Elizabeth McAnulty, and once to Defendant Melanie McAnulty. Husband's first marriage ended in divorce; the second ended with his death. Husband’s only…
Date: August 25, 2023
Docket Number: 21-8076
Justia Opinion Summary: After the Department of the Interior amended regulations in 2016, the American Petroleum Institute (API) challenged several of the regulations that governed the calculation of royalties for oil and natural gas produced…
Date: August 25, 2023
Docket Number: 22-5031
Justia Opinion Summary: Petitioner-appellant Daniel Cortez-Lazcano was convicted by jury of child sexual abuse. After unsuccessfully appealing his conviction to the Oklahoma Court of Criminal Appeals (OCCA), Cortez-Lazcano sought habeas relief…
Date: August 24, 2023
Docket Number: 21-3225
Date: August 22, 2023
Docket Number: 21-1448
Justia Opinion Summary: StreetMedia and Turnpike Media were companies that are in the sign business: owners of billboards and other advertising signs. They contended that Colorado’s regulatory scheme violated the First Amendment because it…
Date: August 22, 2023
Docket Number: 22-3095
Justia Opinion Summary: Ceska zbrojovka Defence SE (“CZ Czech”) was a firearms manufacturer based in the Czech Republic. To do business in the United States, it had several subsidiaries, including CZ USA, CZ Czech’s Kansas-based subsidiary.…
Date: August 22, 2023
Docket Number: 22-4049
Justia Opinion Summary: In April 2012, Plaintiff-Appellee Brandon Barrick filed a qui tam action against his then-employer, Defendant-Appellant Parker-Migliorini International LLC (PMI). Barrick alleged violations of the False Claims Act (FCA)…
Date: August 21, 2023
Docket Number: 22-1164
Justia Opinion Summary: For decades, Johns Manville Corp. ("JM") was the sole domestic manufacturer and supplier of calcium silicate (or “calsil”), a substance used to make thermal pipe insulation. In March 2018, Chase Manufacturing, Inc.…
Date: August 21, 2023
Docket Number: 22-5013
Justia Opinion Summary: This appeal centered on claims for securities fraud against Spirit AeroSystems, Inc., and four of its executives. Spirit produced components for jetliners, including Boeing’s 737 MAX. But Boeing stopped producing the 737…
Date: August 21, 2023
Docket Number: 22-5060
Justia Opinion Summary: Defendant Earl Hardy Morrow appeals his convictions for distribution, receipt, and possession of child pornography. On appeal, defendant argued the district court erred in: (1) permitting the government to present…
Date: August 18, 2023
Docket Number: 20-9651
Justia Opinion Summary: Petitioner Angel Aguayo filed a motion to terminate his removal proceedings, contending his state detention and transfer to U.S. Immigration and Customs Enforcement (ICE) custody was unlawful. Aguayo was a native and…
Date: August 18, 2023
Docket Number: 22-1130
Justia Opinion Summary: Plaintiff Carl Andersen alleged defendant Officer Vito DelCore used excessive force against him while securing a cell phone that Officer DelCore believed would contain incriminating evidence that Andersen or his fiancée…
Date: August 15, 2023
Docket Number: 14-9529
Justia Opinion Summary: This case involved Wyoming’s plan to regulate emissions from powerplants within its borders that produce pollutants that contribute to regional haze, reducing visibility in and the aesthetics to national parks and…
Date: August 15, 2023
Docket Number: 21-4129
Justia Opinion Summary: Plaintiffs David P. and his daughter L.P. sought to recover health care benefits under a medical plan David P. obtained through his employer. The district court awarded Plaintiffs benefits, determining that the manner in…
Date: August 15, 2023
Docket Number: 22-6074
Justia Opinion Summary: In 2019, the Oklahoma legislature unanimously passed the Patient’s Right to Pharmacy Choice Act. In response to the Act’s passage, the Pharmaceutical Care Management Association (PCMA), a trade association representing…
Date: August 14, 2023
Docket Number: 20-6131
Justia Opinion Summary: An Oklahoma state court jury convicted Darrell Frederick of first-degree murder, attempted assault with a dangerous weapon, and domestic abuse. Based on the jury’s recommendation, the court sentenced Frederick to death…
Date: August 14, 2023
Docket Number: 21-9509
Justia Opinion Summary: The issue this case presented for appellate review centered on the air pollution controls on certain coal-fired power plants in Utah that contributed to regional haze. This haze impaired visibility in national parks and…
Date: August 11, 2023
Docket Number: 22-4047
Justia Opinion Summary: In 2017, defendant-appellant Winter Rose Old Rock pleaded guilty to voluntary manslaughter. After completing her prison sentence, she began serving a three-year term of supervised release. Fourteen months later, she…
Date: August 11, 2023
Docket Number: 22-7003
Justia Opinion Summary: Defendant-appellant Edmond Warrington was charged in Oklahoma state court after he engaged in sexual activity with his mentally disabled, 18-year-old adopted niece. When the U.S. Supreme Court decided McGirt v. Oklahoma,…
Date: August 10, 2023
Docket Number: 22-3099
Date: August 8, 2023
Docket Number: 21-3202
Justia Opinion Summary: Wichita Police were conducting a proactive patrol in a high-crime area. After officers pulled over Defendant John Canada for failing to engage his turn signal, one officer saw Defendant “strenuously arching his hips,…
Date: August 8, 2023
Docket Number: 22-4022
Date: August 7, 2023
Docket Number: 21-4065
Justia Opinion Summary: Appellants were salespersons who sold solar lenses to investors on behalf of RaPower-3, LLC, International Automated Systems, Inc. (“IAS”), LTB1, LLC and their subsidiaries (collectively, the “Receivership Entities”).…
Date: August 7, 2023
Docket Number: 22-7027
Justia Opinion Summary: Defendant Jeriah Budder, an enrolled member of the Cherokee Nation, killed David Jumper in Indian Country. He was charged by the State of Oklahoma with first-degree manslaughter. THe charges were dismissed for lack of…
Date: August 7, 2023
Docket Number: 22-8022
Justia Opinion Summary: Three conservation groups challenged the U.S. Bureau of Land Management’s approval of Jonah Energy’s development project on state and federal land in Wyoming. The project was designed to drill exploratory wells on land…
Date: August 4, 2023
Docket Number: 21-3226
Justia Opinion Summary: Defendant-appellant Montgomery Akers appealed a district court order imposing upon him a $40,000 punitive sanction for advancing frivolous arguments and assertions in a request for release pending appeal (the “Motion”).…
Date: August 4, 2023
Docket Number: 22-1017
Justia Opinion Summary: Plaintiff Zubair Kazi, through co-plaintiff KFC of Pueblo, Inc., owned the only Kentucky Fried Chicken restaurant in Pueblo, Colorado. In 2019 Defendant KFC US, LLC licensed a second Kentucky Fried Chicken restaurant in…
Date: August 4, 2023
Docket Number: 22-3117
Date: August 4, 2023
Docket Number: 22-4008
Date: August 1, 2023
Docket Number: 22-3154
Date: August 1, 2023
Docket Number: 22-9554
Justia Opinion Summary: Petitioner Dennis Arostegui-Maldonado, a citizen of Costa Rica and El Salvador, was removed from the United States in 2008. In 2021, he reentered. The Department of Homeland Security (“DHS”) reinstated his removal order.…
Date: July 25, 2023
Docket Number: 20-7021
Justia Opinion Summary: Petitioner Jerry Meek, an Oklahoma state prisoner convicted of first-degree murder, appealed a district court’s denial of his petition for a writ of habeas corpus. He argued the district court erroneously determined the…
Date: July 25, 2023
Docket Number: 21-1384
Justia Opinion Summary: Under Colorado law, a change in law may offer a party a second opportunity to litigate an issue that a prior judgment otherwise precludes. "But this new legal condition must arise between the preclusive judgment and any…
Date: July 25, 2023
Docket Number: 21-3187
Justia Opinion Summary: In 2007, Defendant PHL Variable Insurance Company issued two life-insurance policies to Plaintiff Catholic Charities of Southwest Kansas, Inc. on the lives of Elwyn Liebl and John Killeen. Both policies guaranteed…
Date: July 25, 2023
Docket Number: 22-5006
Justia Opinion Summary: Defendant-Appellant Shannon Kepler appealed his conviction for causing death by discharging a firearm during a crime of violence. Kepler and his wife Gina Kepler both worked as officers for the Tulsa Police Department.…
Date: July 25, 2023
Docket Number: 22-7034
Justia Opinion Summary: Defendant-appellant Kyle Vannortwick appealed the federal sentence he received for second-degree murder. The sentencing judge allegedly erred in calculating the guideline range. On its face, the alleged error wouldn’t…
Date: July 24, 2023
Docket Number: 21-8050
Justia Opinion Summary: In 1992, the Crow Tribe brought a declaratory action against Wyoming Game and Fish officials to determine whether the 1868 Treaty with the Crows afforded it an unrestricted right to hunt in the Bighorn National Forest.…
Date: July 24, 2023
Docket Number: 22-5005
Justia Opinion Summary: Craig Morrison and Amanda Walker brought Walker’s three-year-old son, R.T., to the emergency room and told doctors that R.T. had jumped off his bed and hit his head on his scooter. After examining R.T., doctors…
Date: July 24, 2023
Docket Number: 22-5011
Justia Opinion Summary: Defendant Kyle Sago appealed murder convictions committed in Indian country and causing death by use of a firearm during and in relation to a crime of violence (namely, first- or second-degree murder). The jury was…
Date: July 21, 2023
Docket Number: 22-3134
Justia Opinion Summary: Five people were killed when a commercial truck rear-ended a line of traffic on an interstate highway. The truck driver was prosecuted and sentenced to prison for his misconduct. The issue on this appeal was the…
Date: July 20, 2023
Docket Number: 22-4055
Date: July 19, 2023
Docket Number: 21-8088
Date: July 19, 2023
Docket Number: 22-3081
Date: July 18, 2023
Docket Number: 21-1227
Justia Opinion Summary: Courage to Change Recovery Ranch, recently known as Soaring Hope Recovery Center, provided treatment and housing for people recovering from drug and alcohol addictions in a single-family neighborhood in El Paso County,…
Date: July 18, 2023
Docket Number: 21-1361
Justia Opinion Summary: Marvin and Mildred Bay (“the Bays”) challenged a court order dismissing their trespass claim against Anadarko E&P Onshore LLC and Anadarko Land Corporation (collectively, “Anadarko”). Anadarko, an oil and gas company,…
Date: July 18, 2023
Docket Number: 22-1154
Justia Opinion Summary: According to the complaint, Plaintiff John Jordan alleged he was thrown to the ground and arrested for criticizing the police. Moments before the arrest, Jordan stood across the street from Deputies Michael Donnellon and…
Date: July 17, 2023
Docket Number: 23-2035
Date: July 13, 2023
Docket Number: 21-1445
Justia Opinion Summary: Plaintiff Patrick Hogan brought a putative federal securities-fraud class action against poultry producer Pilgrim’s Pride Corp., Pilgrim’s former chief executive officer and president William Lovette, and Pilgrim’s then…
Date: July 13, 2023
Docket Number: 21-5072
Justia Opinion Summary: Plaintiff-appellee Baker Hughes Services International, LLC, after winning an Ecuadorian arbitration against the Ecuador-based Pesago Consortium, secured an arbitral award enforceable jointly and severally against the…
Date: July 13, 2023
Docket Number: 22-1266
Justia Opinion Summary: After a prior remand to the district court, the Tenth Circuit reviewed the propriety of that court’s revised award of attorney fees under 28 U.S.C. § 1927, which permitted monetary sanction when an attorney has…
Date: July 11, 2023
Docket Number: 21-9538
Justia Opinion Summary: The Board of Governors of the Federal Reserve System brought an enforcement action against Petitioners Frank Smith and Mark Kiolbasa, who were employees at Farmers State Bank at the time, after finding they committed…
Date: July 11, 2023
Docket Number: 22-5069
Justia Opinion Summary: While plaintiff-appellee Jesse Wise was a pretrial detainee at Creek County Jail in Oklahoma, Officer Don Caffey performed a knee strike on Wise when he was seated on the ground and handcuffed. Officer Caffey…
Date: July 10, 2023
Docket Number: 21-4098
Justia Opinion Summary: This case arose from the Bureau of Reclamation’s ("Reclamation") Environmental Analysis of a proposed water contract between it and Utah involving water in the Green River Basin. The Green River Block Exchange contract…
Date: July 10, 2023
Docket Number: 22-6055
Justia Opinion Summary: Defendant-appellant Isaiah Redbird, a member of the Kiowa Nation, was convicted by jury of first-degree murder and assault resulting in serious bodily injury. On appeal. he argued the district court improperly admitted…
Date: July 10, 2023
Docket Number: 22-8038
Justia Opinion Summary: Defendant Nathan Russell Cates appeals the denial of his motion to suppress evidence following his entry of a conditional guilty plea. Cates was initially indicted on one count of possession with intent to distribute…
Date: July 6, 2023
Docket Number: 22-3147
Date: July 5, 2023
Docket Number: 22-2027
Justia Opinion Summary: This case arose from events involving Defendant-appellant David Bradshaw, a sheriff’s deputy who was off duty, out of uniform, and driving his personal vehicle with his child in the front passenger seat. After a vehicle…
Date: July 5, 2023
Docket Number: 22-9530
Justia Opinion Summary: Sinclair Wyoming Refining Company petitioned the Tenth Circuit Court of Appeals under the Clean Air Act and the Administrative Procedure Act to challenge an email from an Environmental Protection Agency (“EPA”) official…
Date: July 3, 2023
Docket Number: 21-3097
Justia Opinion Summary: congressional mandate to compensate the Wyandotte Tribe for its loss of millions of acres in the Ohio River Valley morphed into a thirty-year dispute over ten acres in a Wichita, Kansas suburb. In 1992, eight years after…
Date: July 3, 2023
Docket Number: 22-1200
Justia Opinion Summary: Plaintiff-appellant Xingfei Luo appealed pro se a district court's order granting Paul Wang’s motion to reconsider the court’s order allowing Luo to proceed in this case using a pseudonym. Luo filed a federal action pro…
Date: June 28, 2023
Docket Number: 22-5034
Justia Opinion Summary: Plaintiff-appellant Justin Hooper and the City of Tulsa disputed whether the Curtis Act, 30 Stat. 495 (1898), granted Tulsa jurisdiction over municipal violations committed by all Tulsa’s inhabitants, including Indians,…
Date: June 28, 2023
Docket Number: 22-6081
Justia Opinion Summary: Defendant Paul Gallimore pleaded guilty to committing three robberies on three consecutive days in different locations at age 16. These convictions pushed his criminal history category to VI under USSG § 4B1.4(c)(2)…
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