2018 Tenth Circuit US Court of Appeals Case Law
Opinions 501 - 1000 of 1040
Date: July 2, 2018
Docket Number: 16-6262
Justia Opinion Summary: Kevin Underwood appealed the federal district court’s denial of his petition for writ of habeas corpus. In 2008, a jury convicted Underwood of first degree murder and sentenced him to death in Oklahoma state court. The…
Date: June 28, 2018
Docket Number: 17-1014
Justia Opinion Summary: Petitioner-Appellant Mirella Ivonne Avila-Ramos appealed the district court’s denial of habeas corpus relief for an extradition certification order. Avila-Ramos was wanted for aggravated homicide in Chihuahua, Mexico.…
Date: June 28, 2018
Docket Number: 17-1242
Justia Opinion Summary: Defendant-Appellant Julia Frias was convicted by a jury of being a felon in possession of a firearm or ammunition, and sentenced to 45 months’ imprisonment and three years’ supervised release, consecutive to a state…
Date: June 28, 2018
Docket Number: 17-9536
Justia Opinion Summary: Jake’s Fireworks, Inc. (“Jake’s”), a fireworks importer and distributor, assigned two employees to clean out its old facility. A fire broke out, injuring one employee and killing the other. After an Occupational Safety…
Date: June 26, 2018
Docket Number: 17-1086
Justia Opinion Summary: Defendant-Appellant Keith Howard Hull challenged one of the conditions of supervised release imposed by the district court when it sentenced him for committing bank robbery. The condition required him to notify third…
Date: June 26, 2018
Docket Number: 17-1337
Justia Opinion Summary: Jacob Ibanez was convicted of unlawfully possessing a gun. On appeal, he challenged his 50-month sentence on the ground that it was substantively unreasonable. The Tenth Circuit determined Ibanez failed to address any…
Date: June 26, 2018
Docket Number: 17-4126
Justia Opinion Summary: Xlear, Inc. and Focus Nutrition, LLC were both in the business of selling sweeteners that used the sugar alcohol xylitol. Xlear filed a complaint raising a trade dress infringement claim under the Lanham Act, a claim…
Date: June 26, 2018
Docket Number: 17-8059
Justia Opinion Summary: At sentencing, the district court enhanced Clifford Young’s guideline range for recklessly endangering others while fleeing from a law-enforcement officer. During the flight, he threatened to shoot if the police took…
Date: June 22, 2018
Docket Number: 17-1180
Justia Opinion Summary: This appeal stemmed from a special condition of supervised release, which banned Dominic Pacheco-Donelson from associating with any gang members. He challenged the ban only with respect to its inclusion of two of his…
Date: June 22, 2018
Docket Number: 17-2008
Justia Opinion Summary: During a traffic stop, an officer found a large quantity of drugs in a vehicle driven by James Vance. A grand jury indicted Vance for possession of at least 500 grams of methamphetamine with intent to distribute. Vance…
Date: June 22, 2018
Docket Number: 17-3040
Justia Opinion Summary: Adrian Requena was an inmate housed by the Kansas Department of Corrections (KDOC). His initial 42 U.S.C. 1983 complaint named eleven prison employees as defendants and alleged various violations of his First, Eighth,…
Date: June 21, 2018
Docket Number: 17-8066
Justia Opinion Summary: Defendant Bruce Latorre appealed his marijuana trafficking convictions. Latorre flew a private aircraft from California to New York and was flying back to California when police detained him in Wyoming. Several state and…
Date: June 19, 2018
Docket Number: 16-9555
Justia Opinion Summary: Alejandro Lujan Jimenez petitioned for review a final order of removal and an order by the Bureau of Immigration Appeals (“BIA”) declining to sua sponte reopen removal proceedings. Lujan is a native and citizen of…
Date: June 19, 2018
Docket Number: 17-1075
Justia Opinion Summary: Auto-Owners Insurance Company provided automobile insurance to Frank and Nancy Csaszar and their daughter, Jennifer. But when that policy’s term came to a close, Auto-Owners informed Mr. and Mrs. Csaszar that, because of…
Date: June 19, 2018
Docket Number: 17-1281
Justia Opinion Summary: This appeal arose out of a bankruptcy adversary proceeding, and centered on the ownership of a federal tax refund. The tax refund was issued by the Internal Revenue Service (IRS) to United Western Bancorp, Inc. (UWBI), a…
Date: June 19, 2018
Docket Number: 17-6065
Justia Opinion Summary: Perry Odom suffered serious injuries when a semi-trailer collapsed on him at work. His employer, Penske Logistics, did not own the trailer, but his employer’s sole stockholder, Penske Truck Leasing, did. Odom and his…
Date: June 18, 2018
Docket Number: 17-9519
Justia Opinion Summary: Petitioner-Appellant Azael Bedolla-Zarate, a native and citizen of Mexico, petitioned the Tenth Circuit for review of a Department of Homeland Security (DHS) Final Administrative Removal Order (FARO) based upon his…
Date: June 14, 2018
Docket Number: 16-8118
Justia Opinion Summary: In 2004, Chance Wade Driscoll (“Driscoll”) pleaded guilty to being a felon in possession of a firearm. At Driscoll’s sentencing in January 2005, the sentencing court accepted the Presentence Investigation Report’s…
Date: June 12, 2018
Docket Number: 17-5023
Justia Opinion Summary: Plaintiff Taunya Perry was arrested and booked into the Ottawa County Jail on December 28, 2012. According to Perry, detention officer Daniel Clements raped her approximately two months later, on February 25, 2013. As a…
Date: June 8, 2018
Docket Number: 16-2018
Justia Opinion Summary: This case arose from two restaurant robberies in 2009, during one of which, defendant-appellant Francisco Melgar-Cabrera’s cohorts shot and killed a waitress. Defendant was charged with numerous crimes but was not…
Date: June 6, 2018
Docket Number: 16-1231
Justia Opinion Summary: A former small-town doctor, defendant Joel Miller, was charged with multiple counts of health-care fraud, money laundering, and distributing a controlled substance outside the usual course of professional treatment, as…
Date: June 5, 2018
Docket Number: 16-1449
Justia Opinion Summary: Kenneth Francis was convicted by jury on three federal firearms charges, namely, two counts of making false statements to a firearms dealer and one count of unlawful disposition of a firearm to a felon. The charges…
Date: June 5, 2018
Docket Number: 17-2104
Justia Opinion Summary: Cornelia Tapaha was convicted of assault for hitting her boyfriend, Myron Yazzie, with her car. She appealed, arguing the district court: (1) denied her the ability to mount a defense to the charges by excluding three…
Date: May 24, 2018
Docket Number: 17-2159
Justia Opinion Summary: Early in the morning of November 12, 2009, police officers from the Albuquerque, New Mexico, Police Department were dispatched to an apartment complex to investigate a 911 domestic violence call. Upon their arrival, they…
Date: May 22, 2018
Docket Number: 16-1464
Justia Opinion Summary: This appeal involved the extent of a duty to defend under a “professional services” policy of liability insurance issued to a law firm. The issue arose when the law firm was confronted with allegations of overbilling.…
Date: May 17, 2018
Docket Number: 17-8035
Justia Opinion Summary: In January 2017 a grand jury in the United States District Court for the District of Wyoming returned a 21-count indictment against Defendant Shakeel Kahn (who was a physician) and others charging distribution of…
Date: May 16, 2018
Docket Number: 17-7016
Justia Opinion Summary: This is the second appeal arising from crimes committed by two corrections officers, Raymond Barnes and Christopher Brown, while employed at the Muskogee County Jail. Barnes and Brown both held administrative roles at…
Date: May 15, 2018
Docket Number: 16-4193
Justia Opinion Summary: The district court dismissed Marc Schenkel's claims against Xyngular Corporation and various third parties as a sanction for abuse of what he claims was pre-litigation discovery. The Tenth Circuit had not previously…
Date: May 15, 2018
Docket Number: 17-1102
Justia Opinion Summary: At issue in this case was whether police had a reasonable suspicion to believe defendant Ajohntae Hammond was armed and dangerous to justify frisking him for weapons following a traffic stop. The pat-down revealed a gun…
Date: May 15, 2018
Docket Number: 17-3054
Justia Opinion Summary: Correct Care Solutions, LLC (CCS) terminated Alena Fassbender’s employment for violating CCS policy. Fassbender, who was pregnant at the time of her termination, argued she was terminated because CCS had one too many…
Date: May 15, 2018
Docket Number: 17-6079
Justia Opinion Summary: In 2011, Defendant Cory Devon Washington pleaded guilty in the Western District of Oklahoma to two firearm-related offenses. The district court sentenced him to fifteen years’ imprisonment under the Armed Career Criminal…
Date: May 14, 2018
Docket Number: 16-1492
Justia Opinion Summary: M.A.K. Investment Group, LLC owned several parcels of property in Glendale, Colorado. The City adopted a resolution declaring several of M.A.K.’s parcels “blighted” under state law. Glendale never notified M.A.K. of its…
Date: May 14, 2018
Docket Number: 16-8123
Justia Opinion Summary: This case centered on an agreement between the City of Rawlins, Wyoming, and Dirty Boyz Sanitation Services (Dirty Boyz) for local garbage collection and disposal. About two years after the parties executed the…
Date: May 11, 2018
Docket Number: 17-5034
Justia Opinion Summary: Defendant Williams Companies, Inc. (Williams) was an energy company; its president and chief executive officer (CEO) was Defendant Alan Armstrong and its chief financial officer (CFO) was Defendant Donald Chappel.…
Date: May 8, 2018
Docket Number: 16-5168
Justia Opinion Summary: In 2014, nine of Jerry and Deidre Matthews’ adopted children were placed in the emergency custody of the State. In June 2016, Jerry Matthews pleaded no contest to reduced charges of child neglect. He received a suspended…
Date: May 8, 2018
Docket Number: 17-2030
Justia Opinion Summary: A federal grand jury returned a six-count indictment against defendant-appellant Samuel Silva, charging him with: (1) attempted carjacking; (2) knowingly using and carrying a firearm in furtherance of the attempted…
Date: May 4, 2018
Docket Number: 16-2170
Justia Opinion Summary: Defendant-Appellant Clifford Raymond Salas was found guilty of various arson-related offenses, after he used a Molotov cocktail to firebomb a tattoo parlor. For his offenses, Salas was sentenced to a total of 35 years’…
Date: May 4, 2018
Docket Number: 17-5035
Justia Opinion Summary: This appeal stemmed from Raymond Hamilton’s sentencing for possession of a firearm after a felony conviction. Hamilton was sentenced to 190 months’ imprisonment under the Armed Career Criminal Act (ACCA) based in part on…
Date: May 3, 2018
Docket Number: 17-1058
Justia Opinion Summary: Edward McCranie pleaded guilty to federal bank robbery. The presentence report (PSR) treated that conviction as a crime of violence under U.S. Sentencing Guidelines (U.S.S.G.) Manual section 4B1.2(a)(1), as it also did…
Date: April 27, 2018
Docket Number: 17-1244
Date: April 26, 2018
Docket Number: 17-5048
Justia Opinion Summary: One of the conditions of supervised release for Defendant Isiah Adams was that he comply with the Sex Offender Registration and Notification Act (SORNA), 34 U.S.C. §§ 20911–20932. The district court found that Defendant,…
Date: April 24, 2018
Docket Number: 17-2037
Justia Opinion Summary: Mariano Moya and Lonnie Petry were arrested based on outstanding warrants and detained in a county jail for 30 days or more prior to their arraignments. These arraignment delays violated New Mexico law, which required…
Date: April 24, 2018
Docket Number: 17-8028
Justia Opinion Summary: Defendant-Appellant Kyle Hebert was convicted by jury on four counts of possession of child pornography. He was sentenced to 120 months’ imprisonment and 15 years’ supervised release. On appeal, Hebert challenged the…
Date: April 20, 2018
Docket Number: 17-3071
Justia Opinion Summary: Trayon Williams was convicted of possessing a firearm after a felony conviction. To apply the federal sentencing guidelines, the district court classified Williams’s prior conviction for aggravated battery under Kansas…
Date: April 17, 2018
Docket Number: 17-1166
Justia Opinion Summary: Defendant Magdiel Sanchez-Urias pleaded guilty to illegally reentering the country after being deported. The court imposed a sentence that included a $1,000 fine. Defendant appealed, arguing that he could not afford the…
Date: April 17, 2018
Docket Number: 17-6125
Justia Opinion Summary: Between August 2015 and May 2016, defendant Ryan Howard stole various pieces of laboratory equipment from Oklahoma State University (“OSU”) and transported them to his apartment in Texas. The equipment included…
Date: April 17, 2018
Docket Number: 17-8010
Justia Opinion Summary: Defendant-Appellant John Murphy appealed the dismissal of his second motion to vacate his sentence. Murphy pled guilty to being a felon in possession of a firearm and was sentenced to 15 years’ imprisonment and 5 years’…
Date: April 16, 2018
Docket Number: 16-6366
Justia Opinion Summary: Shawn Gieswein appealed his sentence pursuant to convictions for witness tampering and possession of a firearm as a felon. The Tenth Circuit agreed with Gieswein that the district court erred in applying a…
Date: April 10, 2018
Docket Number: 17-3093
Justia Opinion Summary: Hutchinson, Kansas police officers responded to a reported armed hostage situation and arrested DeRon McCoy, Jr. The officers brought him to the ground, struck him, and rendered him unconscious with a carotid restraint…
Date: April 10, 2018
Docket Number: 17-6086
Justia Opinion Summary: Samantha Hall was diagnosed with leukemia; she attributed the disease to a ConocoPhillips refinery’s emissions of a chemical known as benzene. Hall lived near ConocoPhillips’s refinery in Ponca City, Oklahoma. Roughly…
Date: April 6, 2018
Docket Number: 17-6001
Justia Opinion Summary: In 2011, Defendant Marconia Green pleaded guilty to three counts of using a communication facility to facilitate the acquisition of cocaine powder. The district court sentenced him to 130 months’ imprisonment. Three…
Date: March 30, 2018
Docket Number: 14-6131
Justia Opinion Summary: Death row Oklahoma prisoner, petitioner Donald Grant sought habeas relief. In 2001, he was convicted with two counts of first degree murder and two counts of robbery with a firearm for the murders of Brenda McElyea and…
Date: March 30, 2018
Docket Number: 16-1348
Justia Opinion Summary: William Harris and David Pettinato were two attorneys who represented Summit Park Townhome Association who represented Summit Park in a lawsuit against its insurer. The two attorneys were sanctioned for failing to…
Date: March 30, 2018
Docket Number: 16-1352
Justia Opinion Summary: This appeal stemmed from a dispute between Summit Park Townhome Association and its insurer, Auto-Owners Insurance Company, over the value of property damaged in a hail storm. To determine the value, the district court…
Date: March 23, 2018
Docket Number: 16-1348
Justia Opinion Summary: William Harris and David Pettinato were attorneys who represented Summit Park Townhome Association. While representing Summit Park against its insurer, the two attorneys were sanctioned for failing to disclose…
Date: March 23, 2018
Docket Number: 16-1352
Justia Opinion Summary: This appeal grew out of a dispute between an insured (Summit Park Townhome Association) and its insurer (Auto-Owners Insurance Company) over the value of property damaged in a hail storm. To determine the value, the…
Date: March 22, 2018
Docket Number: 17-5069
Justia Opinion Summary: This appeal arose out of a private enforcement action under Section 505 of the Clean Water Act (CWA), 33 U.S.C. 1365. Defendant-Appellant Ozark Materials River Rock, LLC, appealed a district court’s order approving…
Date: March 20, 2018
Docket Number: 16-4091
Justia Opinion Summary: At issue here was Utah State Bill SB54, the Utah Elections Amendments Act of 2014 (“SB54”) which reorganized the process for qualifying for a primary ballot in Utah, most importantly, by providing an alternative…
Date: March 19, 2018
Docket Number: 16-2263
Justia Opinion Summary: Abraham Gonzalez-Alarcon filed a habeas petition alleging specific facts which, if proven, would have demonstrated he was a United States citizen. He sought release from custody from Immigration and Customs Enforcement…
Date: March 19, 2018
Docket Number: 17-9528
Justia Opinion Summary: Petitioner Paulo Afamasaga was a native and citizen of Samoa who entered the United States on a nonimmigrant tourist visa and remained beyond the date authorized. After he pleaded guilty to making a false statement when…
Date: March 16, 2018
Docket Number: 16-2141
Justia Opinion Summary: Defendant Ortiz-Lazaro pled guilty to illegal reentry after deportation in violation of 18 U.S.C. 1326(a)(1) and (b)(1), and he admitted that he violated the supervised release terms of his prior illegal reentry charge.…
Date: March 13, 2018
Docket Number: 16-1372
Justia Opinion Summary: Denver Detention Center (“DDC”) prisoner Craig Ralston filed a 42 U.S.C. sec. 1983 civil rights suit against Hosea Cannon. Ralston alleged Cannon, the official charged with “coordinating, directing[,] and monitoring the…
Date: March 13, 2018
Docket Number: 17-3038
Justia Opinion Summary: Plaintiff-Appellant Market Synergy Group appeals from the district court’s judgment in favor of Defendant-Appellee United States Department of Labor. This case stemmed from the Department of Labor’s (DOL) final…
Date: March 13, 2018
Docket Number: 17-4025
Justia Opinion Summary: This case arose out of a 2007 injunction, which prohibited Paragon Contractors Corporation and its president, Brian Jessop, from engaging in oppressive child labor. The Department of Labor procured a contempt citation,…
Date: March 13, 2018
Docket Number: 17-6080
Justia Opinion Summary: In 2014, defendant Joseph Degeare pleaded guilty to being a felon in possession of a firearm, and the sentencing court imposed a 15-year prison sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e). In doing…
Date: March 12, 2018
Docket Number: 16-2046
Justia Opinion Summary: The United States Bureau of Land Management leased 2,500 acres of geothermal mineral rights in Hidalgo County, New Mexico to Plaintiff Lightning Dock Geothermal HI-01, LLC (LDG), a Delaware company. LDG developed and…
Date: March 9, 2018
Docket Number: 16-4173
Justia Opinion Summary: Plaintiffs Sherida Felders, Elijah Madyun and Delarryon Hansend filed a complaint under 42 U.S.C. 1983 alleging, among other things, that Defendant Brian Bairett and other law enforcement officers violated Plaintiffs’…
Date: March 7, 2018
Docket Number: 16-3294
Justia Opinion Summary: In 2013, Defendant Joseph Pacheco was indicted on one count of possession with intent to distribute methamphetamine, one count of possession of a firearm in furtherance of a drug trafficking crime, and one count of being…
Date: March 6, 2018
Docket Number: 16-6322
Justia Opinion Summary: A jury convicted Michael Banks of sixteen drug-related crimes, and the district court sentenced him to life in prison plus 60 months. In a direct appeal to the Tenth Circuit Court of Appeals, Banks challenged his…
Date: March 6, 2018
Docket Number: 17-6041
Justia Opinion Summary: Richard Trent was convicted for being a felon in possession of a firearm. His sentence was enhanced under the Armed Career Criminal Act (“ACCA”) to 196 months in prison. On direct appeal, Trent argued that the ACCA…
Date: March 5, 2018
Docket Number: 17-8018
Justia Opinion Summary: In 2014, while skiing an untamed and ungroomed run inside the boundaries of Jackson Hole Ski Resort, Plaintiff Michael Roberts skied into a lightly covered pile of boulders, falling between two of them, and severely…
Date: March 5, 2018
Docket Number: 17-8025
Justia Opinion Summary: Paul Knopf, the former Director of the Planning and Development Department (“City Planner”) in Evanston, Wyoming (“City”), sued Mayor Kent Williams under 42 U.S.C. 1983. Knopf claimed Mayor Williams did not reappoint him…
Date: March 2, 2018
Docket Number: 17-1230
Justia Opinion Summary: Plaintiffs Maria Fernandez and Laura Chacon’s Fair Labor Standards Act (FLSA) claims against Defendants Clean House and Cesar Barrida were dismissed. On appeal, Plaintiffs alleged Defendants failed to properly compensate…
Date: February 27, 2018
Docket Number: 16-3324
Justia Opinion Summary: The Tenth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after defendant pleaded guilty to possession of a firearm by a convicted felon. The court held that, regardless of whether…
Date: February 27, 2018
Docket Number: 16-4127
Justia Opinion Summary: The Tenth Circuit affirmed defendant's conviction and sentence for forcibly opposing a federal officer in violation of 18 U.S.C. 111(b), and three lesser crimes. The court held that a district court did not commit clear…
Date: February 27, 2018
Docket Numbers: 16-8017, 16-8049
Justia Opinion Summary: The Tenth Circuit affirmed the district court's grant of summary judgment to defendant after plaintiff brought a wrongful death action against it. Plaintiff's husband was killed during a guided horseback ride in a…
Date: February 27, 2018
Docket Number: 17-5046
Justia Opinion Summary: The Tenth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he pleaded guilty to being a felon in possession of firearms and ammunition. The court held that the affidavit…
Date: February 23, 2018
Docket Number: 16-1374
Justia Opinion Summary: NDSC Industrial Park, LLC (“NDSC”) appealed a district court order dismissing its “Consent Decree Order Motion.” In the late 1990s, the United States and the State of Colorado each filed complaints against Colorado &…
Date: February 23, 2018
Docket Numbers: 17-1026, 17-1044
Justia Opinion Summary: Plaintiff Jimmy Vasquez, an inmate in the Colorado Department of Corrections (“CDOC”), filed suit under 42 U.S.C. 1983, contending CDOC medical providers were deliberately indifferent to his serious medical needs in…
Date: February 23, 2018
Docket Number: 17-2073
Justia Opinion Summary: Steven Ford was sentenced to twenty years’ imprisonment for various firearms-possession charges, followed by three years of supervised release. Because of a sex-offense conviction nineteen years earlier, the district…
Date: February 22, 2018
Docket Number: 16-1368
Justia Opinion Summary: Carl Genberg was an executive for Ceragenix Corporation when he suspected misconduct by the Company's Board of Directors. When he acted on these alleged suspicions, he was fired. He sued Ceragenix's Chief Executive…
Date: February 21, 2018
Docket Number: 16-3249
Justia Opinion Summary: In 2016, Kansas sent notices of decisions to terminate its Medicaid contracts with two Planned Parenthood affiliates, Planned Parenthood of Kansas and Mid-Missouri (“PPGP”), and Planned Parenthood of the St. Louis Region…
Date: February 21, 2018
Docket Number: 17-1010
Justia Opinion Summary: Plaintiffs Spring Creek Exploration & Production Company, LLC and Gold Coast Energy, LLC appealed four separate district court orders dismissing contract and tort claims against Defendants Hess Bakken Investments II, LLC…
Date: February 21, 2018
Docket Number: 17-1140
Justia Opinion Summary: In this appeal, the issue before the Tenth Circuit Court of Appeals was whether the district court correctly held that ACE American Insurance Company (ACE) had no duty to defend and indemnify DISH Network (DISH) in a…
Date: February 16, 2018
Docket Number: 17-3092
Justia Opinion Summary: Plaintiff-Appellant Digital Ally, Inc. appealed a district court’s grant of summary judgment in favor of Defendant-Appellee Utility Associates, Inc. The two companies sold in-car video and surveillance systems. Utility…
Date: February 13, 2018
Docket Number: 16-3359
Justia Opinion Summary: At issue in this case was whether Aspen Insurance (UK) Ltd. And Lloyd’s Syndicate 2003 (collectively, “Aspen”) had to reimburse Black & Veatch Corporation (“B&V”) for costs B&V incurred due to damaged equipment a…
Date: February 13, 2018
Docket Number: 17-2094
Justia Opinion Summary: Edmundo and Kimberly Amparan appealed a district court’s grant of summary judgment in favor of Lake Powell Car Rental Companies (“Lake Powell”) on the Amparans’ claims for negligent entrustment and loss of consortium.…
Date: February 9, 2018
Docket Number: 16-4131
Justia Opinion Summary: This appeal arose from prison officials’ attempt to gain control over an agitated prisoner who refused to obey their orders, locked himself in the prison’s outdoor recreation yard, and threatened prison officials.…
Date: February 9, 2018
Docket Number: 17-1125
Justia Opinion Summary: This appeal addressed whether immigration detainees housed in a private contract detention facility in Aurora, Colorado could bring claims as a class under: (1) 18 U.S.C. 1589, a provision of the Trafficking Victims…
Date: February 6, 2018
Docket Number: 16-1282
Justia Opinion Summary: Defendant-appellant Jason Greer appeals the district court’s denial of his motion to vacate, set aside, or correct his sentence, contenting the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551…
Date: February 6, 2018
Docket Number: 16-3243
Justia Opinion Summary: Kay Tee appealed his conviction on three federal criminal counts: (1) attempted coercion and enticement to travel to engage in prostitution; (2) interstate transportation in aid of racketeering enterprises; and (3) money…
Date: February 6, 2018
Docket Number: 16-6224
Justia Opinion Summary: Oklahoma and the Citizen Potawatomi Nation (the “Nation”) entered into a Tribal-State gaming compact; Part 12 of which contained a dispute-resolution procedure that called for arbitration of disagreements “arising under”…
Date: February 6, 2018
Docket Number: 17-5044
Justia Opinion Summary: Defendant-appellant Jeffrey Stevens was indicted on 10 counts of interstate communication with intent to injure for posting 10 messages on the Tulsa Police Department’s (“TPD”) online “Citizen Complaint” form. The…
Date: February 5, 2018
Docket Number: 16-1242
Justia Opinion Summary: Defendant Joseph Lynch, II was a first-class passenger on a flight from Philadelphia to Denver. Defendant had consumed at least six beers prior to boarding, and began behaving in a loud, unruly manner once the flight was…
Date: February 5, 2018
Docket Number: 17-9515
Justia Opinion Summary: Spring Creek Coal Company (Spring Creek) petitioned the Tenth Circuit Court of Appeals for review of a decision by the Department of Labor (DOL) awarding survivors’ benefits to Susan McLean under the Black Lung Benefits…
Date: January 31, 2018
Docket Number: 16-2254
Justia Opinion Summary: Defendants-Appellants Matthew and Brandi Channon s used fictitious names and addresses to open rewards accounts at OfficeMax, known as “MaxPerks” accounts. They used these accounts to fraudulently obtain more than…
Date: January 29, 2018
Docket Number: 17-2026
Justia Opinion Summary: The first appeal in this case involved claims by the estate of Vera Cummings (the Estate) against Community Health Systems, Inc. (CHSI) under New Mexico state law, against the United States under the Federal Tort Claims…
Date: January 26, 2018
Docket Number: 16-1418
Justia Opinion Summary: Malik Hasan ordered wine from Premier Cru Fine Wines (Premier Cru) and paid with credit cards issued by Chase Bank USA, N.A. (Chase) and American Express Centurion Bank (AmEx). Premier Cru declared bankruptcy while Hasan…
Date: January 26, 2018
Docket Number: 17-4046
Justia Opinion Summary: Plaintiffs Adrian and Angela Lee asked the bankruptcy court to declare that the automatic stay in Adam and Jennifer Peeples’ bankruptcy case applied to a separate lawsuit Adrian Lee filed in state court against defendant…
Date: January 23, 2018
Docket Number: 16-1252
Justia Opinion Summary: The issue this case presented for the Tenth Circuit’s review centered on how, or even whether, an important-but-subtle and often confusing doctrine limiting federal-court jurisdiction should apply to a unique Colorado…
Date: January 23, 2018
Docket Number: 16-2172
Justia Opinion Summary: This civil rights class action lawsuit was filed thirty years ago to challenge various aspects of the institutionalization of developmentally disabled individuals at two state-supported facilities in New Mexico. After a…
Date: January 19, 2018
Docket Number: 16-1330
Justia Opinion Summary: Plaintiff-Appellant Dennis Obduskey appealed a district court’s order granting Defendants-Appellees Wells Fargo and McCarthy and Holthus, LLP’s motions to dismiss numerous claims, including whether either party was…
Date: January 19, 2018
Docket Number: 17-6075
Justia Opinion Summary: Defendant Texas Brine Company, LLC (Texas Brine) operated brine wells on land owned by Co-Defendant Occidental Chemical Corporation (Oxy) in Louisiana. In August 2012, a sinkhole appeared near one of these wells. After…
Date: January 17, 2018
Docket Number: 16-1127
Justia Opinion Summary: This appeal stems from a district court’s denial of qualified immunity to the former El Paso County Sheriff, Terry Maketa and undersheriff, Paula Presley. The claims were brought by three categories of subordinates: (1)…
Date: January 17, 2018
Docket Number: 16-4135
Justia Opinion Summary: Plaintiffs Richard Tabura and Guadalupe Diaz were Seventh Day Adventists. Their religious practice of not working Saturdays conflicted with their job schedules at a food production plant operated by Defendant Kellogg…
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