2019 Tenth Circuit US Court of Appeals Case Law
Opinions 501 - 983 of 983
Date: June 25, 2019
Docket Number: 18-4122
Justia Opinion Summary: In 2008, Kane County, Utah sued the United States under the Quiet Title Act, which was “the exclusive means by which adverse claimants c[an] challenge the United States’ title to real property.” Kane County alleged that…
Date: June 24, 2019
Docket Numbers: 17-1365, 18-1054
Justia Opinion Summary: Defendant-appellant Stormy Bob Griffith timely filed a counseled notice of appeal challenging his conviction and sentence. He was subsequently appointed different counsel, who later moved to withdraw from the case under…
Date: June 24, 2019
Docket Number: 18-3169
Justia Opinion Summary: Defendant-appellant Jermaine Patton was the getaway driver in a string of armed robberies that ended in his arrest. An hour after defendant’s arrest, his associate shot a police detective who was investigating the pair’s…
Date: June 17, 2019
Docket Number: 18-6130
Justia Opinion Summary: Defendant-Appellant Jose Luis Eliseo Arias-Quijada entered a conditional guilty plea to illegal reentry into the United States. He reserved the right to appeal the district court’s denial of his Motion to Assert a…
Date: June 14, 2019
Docket Number: 17-8075
Justia Opinion Summary: Defendant Ronald Detro Winder was serving a three-year prison sentence for possession of firearms by a convicted felon. He appealed his sentence, arguing that the district court erred by concluding that his prior…
Date: June 12, 2019
Docket Number: 18-3052
Justia Opinion Summary: Marco Antonio Cortes-Gomez was indicted with two codefendants on counts related to a methamphetamine conspiracy (“Cortes-Gomez I”). His trial began on November 29, 2016. The interim included two superseding indictments,…
Date: June 10, 2019
Docket Number: 16-6318
Justia Opinion Summary: Petitioner Ronson Bush was an Oklahoma state prisoner who pled guilty to first-degree murder and was sentenced to death. After exhausting his state court remedies by way of a direct appeal and an application for state…
Date: June 10, 2019
Docket Number: 18-1008
Justia Opinion Summary: Plaintiff Brenda Patterson and her husband, Plaintiff Timothy Welker, appealed a district court’s entry of summary judgment in favor of Defendant PowderMonarch, LLC, on their claims of negligence and loss of consortium…
Date: June 10, 2019
Docket Number: 18-1263
Justia Opinion Summary: Jon Julian Cabral pleaded guilty to being a felon in possession of a firearm and ammunition. The district court sentenced him to forty-six months’ imprisonment followed by three years’ supervised release. Among other…
Date: June 10, 2019
Docket Number: 18-4088
Justia Opinion Summary: This case was a direct criminal appeal of defendant Scott Bishop’s convictions on one count of unlawfully manufacturing machineguns, and one count of unlawfully possessing or transferring machineguns. Defendant designed…
Date: June 7, 2019
Docket Number: 18-1226
Justia Opinion Summary: Plaintiff Homaidan Al-Turki was a citizen of Saudi Arabia, sentenced by a Colorado state court to a term of eight years to life. He wished to serve the remainder of his time in prison in his home country. A treaty…
Date: June 4, 2019
Docket Number: 17-9558
Justia Opinion Summary: Big Horn Coal Company petitioned the Tenth Circuit Court of Appeals for review of a Department of Labor Benefits Review Board (“Board”) decision awarding benefits to Edgar Sadler, a then-living miner, under the Black…
Date: June 3, 2019
Docket Number: 18-3189
Justia Opinion Summary: Defendant Storm Michael Bellamy was under investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") for suspected methamphetamine distribution. Defendant's housemate ordered him out of the house;…
Date: May 28, 2019
Docket Number: 17-4191
Justia Opinion Summary: Troy Kell sought habeas relief, but he had not exhausted two of his claims in state court. The unexhausted claims created what the Tenth Circuit characterized as a Catch-22 for Kell: risking a dismissal of all of his…
Date: May 28, 2019
Docket Number: 18-1327
Justia Opinion Summary: Defendant-Appellant Harrison School District No. 2 asks us to reverse the district court’s ruling that it violated the Individuals with Disabilities Education Act (IDEA) by failing to provide Plaintiff-Appellee Steven…
Date: May 21, 2019
Docket Number: 18-1005
Justia Opinion Summary: Charles Farrar, a Colorado state prisoner, appealed the district court’s denial of his petition for habeas relief. Farrar’s convictions stemmed from complaints of sexual abuse. The victim was Farrar’s stepdaughter, who…
Date: May 21, 2019
Docket Number: 18-1134
Justia Opinion Summary: Wendy and Daryl Yurek were charged with tax evasion and bankruptcy fraud. After a joint jury trial, the Yureks were convicted on both offenses. The district court then sentenced Mrs. Yurek to a prison term of 27 months,…
Date: May 17, 2019
Docket Number: 18-1259
Justia Opinion Summary: Defendant Armando Mendez appealed his sentence after he pled guilty to being a felon in possession of a firearm. He argued his sentence was improperly inflated because the district court held that a prior conviction for…
Date: May 15, 2019
Docket Number: 17-1456
Justia Opinion Summary: Plaintiff Stephen Hamer resided in Trinidad, Colorado, confined to a motorized wheelchair, and a qualified individual with a disability under Title II of the Americans with Disabilities Act and section 504 of the…
Date: May 15, 2019
Docket Number: 17-9003
Justia Opinion Summary: This appeal concerns the propriety of the timing of deductions by a Subchapter S corporation for expenses paid to employees who participate in the corporation’s employee stock ownership plan (ESOP). Taxpayers Stephen and…
Date: May 13, 2019
Docket Number: 17-2180
Justia Opinion Summary: While executing a warrant to search defendant Jason Loera’s home for evidence of computer fraud, FBI agents discovered child pornography on four of Loera’s CDs. Despite discovering the pornography, the agents continued…
Date: May 8, 2019
Docket Number: 18-6169
Justia Opinion Summary: In 2013, Sports Illustrated magazine (“SI”) published a five-article series on the Oklahoma State University (“OSU”) football program. The series explored “illicit payments” and other “extreme measures” OSU used to…
Date: May 7, 2019
Docket Number: 17-4074
Justia Opinion Summary: In 1988, defendant United States Forest Service designated a 2,380 acre portion of the Manti-La Sal National Forest’s highest elevations, namely the summits and ridges of Mt. Peale, Mt. Mellenthin, and Mt. Tukuhnikivatz,…
Date: May 7, 2019
Docket Number: 17-4202
Justia Opinion Summary: This appeal grew out of Brent Sloan’s participation in two transactions: (1) a merger between Advanced Recovery Systems, LLC and Kinum, Inc.; and (2) the sale of software from Kinum to Sajax Software, LLC. American…
Date: May 7, 2019
Docket Number: 18-2089
Justia Opinion Summary: The issue presented for the Tenth Circuit's review centered on whether the Bureau of Land Management violated the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA) in granting…
Date: May 6, 2019
Docket Number: 18-8007
Justia Opinion Summary: A Wyoming jury convicted Defendant Christopher Lee Martinez on one count of attempting to entice a minor to engage in illegal sexual activity. On appeal Defendant argued the district court: (1) should have authorized…
Date: May 3, 2019
Docket Number: 17-6146
Justia Opinion Summary: Defendant Chaparral Energy, L.L.C. (Chaparral) operated approximately 2,500 oil and gas wells in Oklahoma. Plaintiffs Naylor Farms, Inc. and Harrel’s, L.L.C. (collectively, Naylor Farms) had royalty interests in some of…
Date: May 3, 2019
Docket Number: 18-6119
Justia Opinion Summary: Defendant Alexander Miles appealed the denial of his second petition for a writ of coram nobis. He pleaded guilty in 2009 to submitting a false affidavit in connection with an application for a visa for a 14-year-old…
Date: April 30, 2019
Docket Number: 17-1379
Justia Opinion Summary: Julie Reed sued her former employer, KeyPoint Government Solutions, LLC (“KeyPoint”), for violating the federal False Claims Act. Her qui tam claims alleged KeyPoint violated the Act by knowingly and fraudulently billing…
Date: April 29, 2019
Docket Number: 16-5124
Justia Opinion Summary: Clarence Goode, Jr. was convicted in Oklahoma of first-degree murder and sentenced to death. The federal district court denied his petition for relief filed under 28 U.S.C. 2254. On appeal to the Tenth Circuit Court of…
Date: April 29, 2019
Docket Number: 17-5095
Justia Opinion Summary: Antonio Smith pleaded guilty in Oklahoma state court to drug trafficking, possessing a firearm as a felon, and a variety of related charges. Smith’s habeas claims centered around a plea offer that one of Smith’s…
Date: April 29, 2019
Docket Number: 18-1121
Justia Opinion Summary: Leonard Aragon was sentenced to 48 months’ imprisonment after pleading guilty to one count of possession with intent to distribute controlled substances. He appealed, arguing the district court erred in finding that two…
Date: April 29, 2019
Docket Number: 18-5041
Justia Opinion Summary: Shawn Gorrell was an insurance salesman based in Tulsa, Oklahoma. His father was an accountant in Tulsa whose clients included several dentists and Gorrell sold insurance to some of them. In 2009, Gorrell began to pitch…
Date: April 29, 2019
Docket Number: 18-9006
Justia Opinion Summary: John and Deanne Roth appealed a Tax Court decision that imposed a 40% penalty for the Roths’ “gross misstatement” of the value of a conservation easement they donated to a land trust in Colorado. On appeal, the Roths…
Date: April 26, 2019
Docket Number: 18-3070
Justia Opinion Summary: Daniel Cookson pled guilty to two counts of possessing child pornography after the FBI identified him in the course of a large-scale sting operation involving the website “Playpen.” At his sentencing hearing, the…
Date: April 25, 2019
Docket Number: 18-1247
Justia Opinion Summary: Defendants-Appellees Air Methods Corporation and Rocky Mountain Holdings, LLC provide air ambulance services. Defendants provided air ambulance services to Plaintiffs-Appellants, or in some cases to their minor children.…
Date: April 23, 2019
Docket Number: 17-5079
Justia Opinion Summary: Benjamin Grice suffered severe burns after an oil pump exploded at the refinery where he worked. He and his wife brought suit against the refinery’s two parent corporations, CVR Energy and CVR Refining, alleging the…
Date: April 23, 2019
Docket Number: 17-5125
Justia Opinion Summary: In 2008, Aaron Copeland pled guilty to being a felon in possession of a firearm. The district court imposed an enhanced sentence of 15 years in prison under the Armed Career Criminal Act (“ACCA”) based on his two prior…
Date: April 23, 2019
Docket Number: 18-4009
Justia Opinion Summary: Sixty-one year old defendant Joan Osborn has been diagnosed at different times with schizophrenia, possible depression, and possible post-traumatic stress disorder. In mid-October 2014, Defendant allegedly called a…
Date: April 22, 2019
Docket Number: 18-2083
Justia Opinion Summary: Gaspar Leal appealed the denial of his motion to dismiss the indictment. He argued the drug conspiracy charged in this case was the same conspiracy for which he was convicted in a previous case, and that continued…
Date: April 19, 2019
Docket Number: 18-1031
Justia Opinion Summary: Defendant Lucio Lozano was charged with involvement in a multi-year cocaine trafficking conspiracy between individuals in Mexico and Colorado. In October 2017, defendant pled guilty to conspiracy to distribute and…
Date: April 16, 2019
Docket Number: 17-1381
Justia Opinion Summary: In this shareholder-derivative action, Shareholders of The Western Union Company averred several of Western Union’s Officers and Directors breached their fiduciary duties to the company by willfully failing to implement…
Date: April 16, 2019
Docket Number: 17-2199
Justia Opinion Summary: Defendants ultimately filed two motions based on Federal Rule of Civil Procedure 59(e). The motions were decided by different judges. After the first judge denied the first motion, he retired and the court reassigned the…
Date: April 16, 2019
Docket Number: 18-2129
Justia Opinion Summary: Arnold Jones pleaded guilty to child abuse for driving on a reservation while intoxicated with his minor son in the car. He entered a guilty plea both before a tribal court and, after serving his tribal sentence, before…
Date: April 15, 2019
Docket Number: 17-1334
Justia Opinion Summary: WildEarth Guardians appealed after the United States Forest Service published a 2014 environmental assessment (“EA”) to the Tennessee Creek Project, and subsequently issued a Decision Notice and Finding of No Significant…
Date: April 8, 2019
Docket Number: 18-2046
Justia Opinion Summary: Dr. Mark Hopkins moved to vacate his 2010 conviction and sentence for tax evasion. Before trial, the district court ordered him to make monthly payments into the court’s registry to ensure he was complying with federal…
Date: April 2, 2019
Docket Number: 18-1279
Justia Opinion Summary: Lou Hodges submitted a claim for long-term-disability (LTD) benefits to Life Insurance Company of North America (LINA) through his employer’s group-insurance plan. Although LINA approved his claim, Hodges contended LINA…
Date: April 2, 2019
Docket Number: 19-601
Justia Opinion Summary: E.F. pleaded guilty to a number of federal offenses pursuant to a plea agreement. Under the terms of the agreement, the government agreed that it would recommend a sentence below the one recommended by the United States…
Date: March 29, 2019
Docket Number: 17-4083
Justia Opinion Summary: With issues common to three appeals consolidated for review, the Government filed suit to collect unpaid taxes. In Appeal No. 17-4083, the Government appealed a district court’s determination that its state-law contract…
Date: March 29, 2019
Docket Number: 18-1012
Justia Opinion Summary: Plaintiff-Appellant Jerud Butler was a government employee, a supervisor for the San Miguel County, Colorado, Road and Bridge Department. He alleged his supervisors violated his First Amendment freedom of speech when…
Date: March 27, 2019
Docket Number: 18-1019
Justia Opinion Summary: John Teets, a participant in an employer retirement plan, invested money in Great-West Life Annuity and Insurance Company’s investment fund which guaranteed investors would never lose their principal or the interest they…
Date: March 27, 2019
Docket Number: 18-1154
Justia Opinion Summary: Keon Nixon was charged with first-degree murder, first-degree assault, and use of a weapon during the commission of a violent crime. After these charges were filed, federal authorities indicted Nixon for possessing a…
Date: March 27, 2019
Docket Number: 18-3117
Justia Opinion Summary: Blue Valley Hospital, Inc., (“BVH”) appealed a district court’s dismissal of its action for lack of subject matter jurisdiction. The Department of Health and Human Services (“HHS”) and the Centers for Medicare and…
Date: March 26, 2019
Docket Number: 17-1216
Justia Opinion Summary: Jaime Ceballos’s wife, Quianna Vigil, called police to report that her husband was in their driveway with a baseball bat “acting crazy,” and that he was drunk and probably on drugs. Vigil wanted police to remove Ceballos…
Date: March 26, 2019
Docket Number: 18-4027
Justia Opinion Summary: Plaintiff-Appellant Karna Sacchi obtained an unpaid internship with Defendant-Appellee IHC Health Services, Inc. (the “Hospital”), but her internship was terminated by Defendant-Appellee Joy Singh before it was scheduled…
Date: March 25, 2019
Docket Number: 17-4103
Justia Opinion Summary: Defendant-appellant John Walker pled guilty to two counts of bank robbery and was originally sentenced to time served (33 days in pretrial detention, and three years of supervised release). The government appealed, and…
Date: March 21, 2019
Docket Number: 17-2146
Justia Opinion Summary: In 2017, Michael Dalton was convicted by a jury of being a felon in possession of a firearm. Dalton challenged his conviction on several evidentiary grounds; the Tenth Circuit Court of Appeals agreed with only one: that…
Date: March 19, 2019
Docket Number: 16-5165
Justia Opinion Summary: Oklahoma charged Raymond Johnson with one count of first-degree arson and two counts of first-degree murder for the deaths of his former girlfriend, Brooke Whitaker, and the couple’s seven-month-old daughter. The charges…
Date: March 19, 2019
Docket Number: 17-7074
Justia Opinion Summary: Kyle Lindsey and Zayne Mann were seriously injured when Lindsey lost control of his utility vehicle on a gravel road after a brief police pursuit. They claimed the accident was caused by an overzealous officer who should…
Date: March 18, 2019
Docket Number: 17-3207
Justia Opinion Summary: Plaintiffs Tessa Farmer and Sara Weckhorst, two students at Kansas State University (“KSU”), alleged KSU, a recipient of federal educational funds, violated Title IX by being deliberately indifferent to reports it…
Date: March 15, 2019
Docket Number: 17-5097
Justia Opinion Summary: PetroChina Canada bought ten large heat-exchanger units from Kelvion’s Oklahoma plant for use in PetroChina’s oil and gas operations. Their contract included a mandatory forum-selection clause subjecting the parties to…
Date: March 14, 2019
Docket Number: 17-4020
Justia Opinion Summary: Plaintiffs were all former members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (“FLDS”), which illegally practiced polygamy. In 2016, plaintiffs filed suit against the FLDS Prophet, Warren Jeffs,…
Date: March 12, 2019
Docket Number: 17-1197
Justia Opinion Summary: Rande Isabella was convicted of persuading and attempting to persuade S.F., a 14-year-old girl, to “engage . . . in any sexual activity for which any person can be charged with a criminal offense” (Count 1), and of…
Date: March 12, 2019
Docket Number: 17-1455
Justia Opinion Summary: In 2014, a federal grand jury indicted Delano Medina. He appeared for the first time in federal court 27 months later on January 11, 2017. During that time, Medina was transferred between various state authorities in…
Date: March 12, 2019
Docket Number: 17-3223
Justia Opinion Summary: Defendant Dustin Ash pled guilty to two counts of being a felon in possession of a firearm. His Presentence Investigation Report (“PSR”) identified a 2012 Kansas conviction for reckless aggravated battery as a “crime of…
Date: March 12, 2019
Docket Number: 17-3270
Justia Opinion Summary: This appeal stemmed from a search, which took place after the police spoke with defendant Desmond Gaines. After a brief exchange, Gaines fled but was soon captured. The police then found cocaine, marijuana, PCP, drug…
Date: March 12, 2019
Docket Number: 18-8017
Justia Opinion Summary: Darren Gonzales owned and operated Concrete Specialists, Inc. in Cheyenne, Wyoming. As a side business, he sold cocaine and methamphetamine. Gonzales used his personal and business bank accounts to launder the proceeds…
Date: March 12, 2019
Docket Number: 18-8028
Justia Opinion Summary: Keshia Porter appeals the district court’s dismissal of her complaint as time barred. Porter’s husband, Delandis Richardson, was killed in an auto accident in Campbell County, Wyoming, on November 25, 2014. Within two…
Date: March 11, 2019
Docket Number: 17-7080
Justia Opinion Summary: Defendant Ian Alexander Bowline was convicted by a jury on a number of charges involving unlawful prescriptions for oxycodone. He appealed his conviction, raising only one issue: whether the district court properly…
Date: March 7, 2019
Docket Number: 18-1067
Justia Opinion Summary: The Bill Barrett Corporation and YMC Royalty Company were oil and gas companies who held mineral rights in northeastern Colorado. In 2013, they had the opportunity to jointly develop two oil wells. To facilitate the…
Date: March 7, 2019
Docket Number: 18-3016
Justia Opinion Summary: In 2010, the Internal Revenue Service issued a refund to the Wichita Center of Graduate Medical Education (a federally qualified charitable organization) on overpaid taxes along with incorrectly calculated interest on…
Date: March 5, 2019
Docket Number: 17-2083
Justia Opinion Summary: This case arose out of the efforts the IRS made to investigate the tax liability of High Desert Relief, Inc. (“HDR”), a medical marijuana dispensary in New Mexico. The IRS began an investigation into whether HDR had…
Date: March 5, 2019
Docket Number: 18-8031
Justia Opinion Summary: Defendant-Appellant Stacy Knapp entered a conditional plea of guilty to being a felon in possession of a firearm, for which she was sentenced to 36 months’ imprisonment and three years’ supervised release. The…
Date: March 5, 2019
Docket Number: 18-9520
Justia Opinion Summary: Tony Kourianos worked as a coal miner for more than 27 years before filing a claim for benefits under the Black Lung Benefits Act (“BLBA”). His claim was reviewed through a three-tiered administrative process.…
Date: February 26, 2019
Docket Number: 17-4098
Justia Opinion Summary: Defendant-Appellant and Cross-Appellee First American Title Insurance Co. appealed a district court’s orders granting summary judgment in favor of and attorneys’ fees to Plaintiff-Appellee and Cross-Appellant Banner Bank…
Date: February 26, 2019
Docket Number: 18-3003
Justia Opinion Summary: Defendant-Appellee Gregory Orozco was convicted by a jury of conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine (count 1), and possession with intent to distribute five…
Date: February 26, 2019
Docket Number: 18-9005
Justia Opinion Summary: Taxpayers Neil Feinberg, Andrea Feinberg, and Kellie McDonald were shareholders in Total Health Concepts, LLC (THC), a Colorado company allegedly engaged in selling medical marijuana. After the Taxpayers claimed THC’s…
Date: February 25, 2019
Docket Number: 17-2217
Justia Opinion Summary: This case was brought pursuant to 42 U.S.C. 1983, challenging the constitutionality of New Mexico’s system of bail. Plaintiffs-Appellants Darlene Collins, the Bail Bond Association of New Mexico (“BBANM”), and five New…
Date: February 22, 2019
Docket Number: 16-6315
Justia Opinion Summary: Carlos Cuesta-Rodriguez challenges his Oklahoma conviction for first-degree murder and his accompanying sentence of death. The victim, Olimpia Fisher, and her adult daughter, Katya Chacon, lived with Cuesta-Rodriguez in…
Date: February 19, 2019
Docket Number: 18-1047
Justia Opinion Summary: Petitioner Christopher Hobdy, a Colorado state prisoner serving time for first degree assault and aggravated robbery, filed an application for federal habeas relief pursuant to 28 U.S.C. 2254. The criminal charges…
Date: February 15, 2019
Docket Number: 17-1103
Justia Opinion Summary: The city of Fort Collins, Colorado, enacted a public-nudity ordinance that imposed no restrictions on male toplessness but prohibited women from baring their breasts below the areola. In response, Free the Nipple, an…
Date: February 15, 2019
Docket Number: 17-3122
Justia Opinion Summary: In 2014, CNB auditors conducted a surprise audit of the Burlington, Kansas Central National Bank (“CNB” or “Bank”) vault. The vault was missing $764,000. When they began to suspect defendant Denise Christy, she forged…
Date: February 12, 2019
Docket Number: 17-1388
Justia Opinion Summary: In 2008, James Nelson was seriously injured while riding his bicycle on United States Air Force Academy land. He and his wife, Elizabeth Varney, sued the Academy under the Federal Tort Claims Act (“FTCA”), seeking…
Date: February 12, 2019
Docket Number: 17-6186
Justia Opinion Summary: Plaintiff Anupama Bekkem filed suit against her employer, the Department of Veterans Affairs, based on numerous instances of discrimination and retaliation she allegedly experienced while working as a primary care…
Date: February 11, 2019
Docket Number: 18-7004
Justia Opinion Summary: Plaintiff Millard Lance Lemmings (“Lance”) was born at a government-operated hospital in Ada, Oklahoma. During his birth, Lance suffered a brain injury. Lance and his parents, suing as “parents and next friends,” sued…
Date: February 4, 2019
Docket Number: 17-1269
Justia Opinion Summary: After investigating complaints regarding the tax-preparation services of defendant Donald Iley, the Colorado Board of Accountancy (Board) issued an “Agreement and Final Agency Order” in which Iley admitted to engaging in…
Date: January 29, 2019
Docket Number: 17-3194
Justia Opinion Summary: Defendant Bobby Pullen was sentenced as a career offender at a time when the United States Sentencing Guidelines were mandatory. In 2015, the Supreme Court decided Johnson v. United States, 135 S. Ct. 2551 (2015),…
Date: January 29, 2019
Docket Number: 19-600
Justia Opinion Summary: Defendant-appellant Richard Roe pled guilty to conspiring to possess with intent to distribute 280 grams or more of cocaine base (“crack”) and five kilograms or more of cocaine. Because of the quantities involved, Roe…
Date: January 28, 2019
Docket Number: 16-3323
Justia Opinion Summary: Defendant Troy Bong was convicted in 2013 of being a felon in possession of a firearm, for which he was sentenced to 293 months in prison. He appealed the district court’s denial of his motion to vacate, set aside, or…
Date: January 25, 2019
Docket Number: 17-6206
Justia Opinion Summary: At issue in this appeal were commercial general liability policy exclusions that barred coverage for damage to “that particular part” of the property on which an insured is performing operations, or which must be…
Date: January 24, 2019
Docket Number: 17-2072
Justia Opinion Summary: Jason Dean, director of the Labor Relations Division of the New Mexico Department of Workforce Solutions (“DWS”), appealed a district court's denial of qualified immunity against the claim that he violated Plaintiffs’…
Date: January 24, 2019
Docket Number: 17-4059
Justia Opinion Summary: This case involved an alleged worldwide Ponzi scheme and the antifraud provisions of the federal Securities Act of 1933 and the Securities Exchange Act of 1934. Defendant Charles Scoville operated an internet traffic…
Date: January 22, 2019
Docket Number: 17-3220
Justia Opinion Summary: Lina Thoung emigrated from Cambodia to the United States in 2002 using a fraudulently obtained visa in the name and birthdate of another person. In 2007, she obtained U.S. citizenship and affirmed she had never provided…
Date: January 18, 2019
Docket Number: 17-1421
Justia Opinion Summary: Plaintiffs Maralex Resources, Inc. (Maralex), Alexis O’Hare and Mary C. O’Hare (the O’Hares) filed this action against the Secretary of the Department of the Interior (Secretary), the Department of the Interior, and the…
Date: January 15, 2019
Docket Number: 17-2121
Justia Opinion Summary: Defendant pled guilty based on a plea agreement he struck with the government. The agreement included a waiver of the right to collaterally challenge the conviction. Despite the waiver, defendant collaterally challenged…
Date: January 14, 2019
Docket Number: 17-3249
Justia Opinion Summary: Dennis Woolman, former president of The Clemens Coal Company, challenged a district court’s determination that Liberty Mutual Fire Insurance Company didn’t breach a duty to him by failing to procure for Clemens Coal an…
Date: January 10, 2019
Docket Number: 17-6088
Justia Opinion Summary: Enable Intrastate Transmission, LLC owned and operated a natural gas pipeline that crossed Indian allotted land in Anadarko, Oklahoma. A twenty-year easement for the pipeline expired in 2000. Enable failed to renew the…
Date: January 7, 2019
Docket Number: 17-2007
Justia Opinion Summary: In 2007, Oscar Almanza-Vigil pleaded guilty in Colorado state court to “selling or distributing” methamphetamine in Colorado, for which he received a four-year prison sentence. In 2009, when the state paroled him,…
Date: January 3, 2019
Docket Number: 18-1066
Justia Opinion Summary: I.B. and her mother, Jane Doe (collectively, “Does”), claimed that a caseworker from the El Paso County (Colorado) Department of Human Services ("DHA"), April Woodard, wrongfully searched I.B. at the Head Start…
Date: January 2, 2019
Docket Number: 17-2102
Justia Opinion Summary: United States Border Patrol agents found Defendant-appellant John Hargrove, his girlfriend Janelle Richter, and Edgar Silvas-Hinojos in the desert near the border between Arizona and New Mexico. They were all in…
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