2020 Tenth Circuit US Court of Appeals Case Law
Opinions 501 - 969 of 969
Date: June 23, 2020
Docket Number: 19-1230
Justia Opinion Summary: While in pretrial detention at the Rio Grande County Jail (RGCJ), Gordon Sawyers’s delusional behavior deteriorated to the point that he removed his right eyeball from its socket. He sued the sheriff in his individual…
Date: June 23, 2020
Docket Number: 19-7009
Justia Opinion Summary: Defendant Abel Cristerna-Gonzalez was convicted by jury on one count of possession with intent to distribute methamphetamine and one count of possession with intent to distribute heroin. On appeal, he argued three…
Date: June 22, 2020
Docket Number: 18-6202
Justia Opinion Summary: "A series of coincidences and mistaken beliefs led to the arrest of Laramie Hinkle for possessing a stolen trailer that was not even stolen. And things got worse from there." After investigation showed Hinkle innocent,…
Date: June 22, 2020
Docket Number: 19-4089
Justia Opinion Summary: In 2015, the Government filed a civil action against Neldon Johnson, Gregory Shepard, and Johnson’s three companies: RaPower-3 LLC (“RaPower”), International Automated Systems, Inc. (“IAS”), and LTB1, LLC (“LTB”)…
Date: June 16, 2020
Docket Number: 18-6221
Justia Opinion Summary: Defendant Shane Young appeals the district court’s denial of his motion to suppress a confession. A sheriff's deputy witnessed Young's vehicle swerving on the roadway, and signaled for Young to stop his car. Young…
Date: June 15, 2020
Docket Number: 19-5054
Justia Opinion Summary: Defendant-appellant Randy Hamett was convicted of kidnapping, possession of a stolen firearm, and possession of firearms while subject to a domestic violence protective order. Hamett was represented by counsel throughout…
Date: June 15, 2020
Docket Number: 19-5079
Justia Opinion Summary: In separate claims, appellees Willie Carr and Kim Minor sought disability benefits from the Social Security Administration (“SSA”). In each case, the administrative law judge (“ALJ”) denied the claim, and the agency’s…
Date: June 12, 2020
Docket Number: 19-2106
Justia Opinion Summary: The United States Forest Service approved two forest thinning projects in the Santa Fe National Forest pursuant to authority granted by a 2014 amendment to the Healthy Forests Restoration Act (HFRA). By thinning the…
Date: June 10, 2020
Docket Number: 18-1146
Justia Opinion Summary: In 2016, Defendant-Appellant Timothy Merritt crashed into a vehicle containing a family of three while driving within the borders of the Ute Mountain Ute Reservation. Merritt was intoxicated at the time of the accident…
Date: June 9, 2020
Docket Number: 18-5085
Justia Opinion Summary: The federal government twice charged Scott Arterbury with the same crime for the same possession of child pornography. In the original prosecution, the district court suppressed the child-pornography evidence seized from…
Date: June 8, 2020
Docket Number: 19-5059
Justia Opinion Summary: The district court granted Defendant-Appellee Julian Trujillo Morales’s motion to suppress 4.11 kilograms of methamphetamine. Thirty-two minutes after he was stopped for a traffic violation, Morales and his passenger…
Date: June 3, 2020
Docket Number: 18-1408
Justia Opinion Summary: Deborah and Dallas Platt purchased a 2016 Winnebago Era RV in 2016. This purchase was subject to Winnebago’s New Vehicle Limited Warranty, which required the Platts to bring the RV for repairs to an authorized dealer and…
Date: June 2, 2020
Docket Number: 18-4119
Justia Opinion Summary: After a bench trial, a district court decided that Defendants RaPower-3, LLC, International Automated Systems, Inc. (IAS), LTB1, LLC, Neldon Johnson, and R. Gregory Shepard had promoted an unlawful tax scheme.…
Date: June 2, 2020
Docket Number: 19-1169
Justia Opinion Summary: Colorado Center Development, LLC, the owner of certain property in Denver, Colorado, hired J.E. Dunn Construction Company to construct an office building (the Project). Colorado Center purchased from Defendant Liberty…
Date: May 29, 2020
Docket Number: 19-5035
Justia Opinion Summary: This appeal stemmed from a group of fourteen diversity cases that were consolidated by the Judicial Panel on Multidistrict Litigation and transferred to the Northern District of Oklahoma. The plaintiffs in all fourteen…
Date: May 27, 2020
Docket Number: 19-2057
Justia Opinion Summary: In 2018, Defendant Frank Trujillo pleaded guilty to being a felon in possession of a firearm and ammunition. The district court sentenced him to a term of 120 months’ imprisonment followed by three years of supervised…
Date: May 27, 2020
Docket Number: 19-2147
Justia Opinion Summary: Plaintiff Jorge Corona was a backseat passenger in a car pulled over for a routine traffic stop by Clovis Police Officer Brent Aguilar. Plaintiff was arrested when he did not produce identification in response to the…
Date: May 26, 2020
Docket Number: 19-2125
Justia Opinion Summary: Jeffrey Goebel was charged with being a felon in possession of a firearm. He moved to suppress, which the district court denied. He pleaded guilty conditioned on his ability to appeal the denial of his motion to…
Date: May 22, 2020
Docket Number: 18-1353
Justia Opinion Summary: Plaintiff Cody Cox sued Defendant Don Wilson, a deputy in the Clear Creek County Sheriff’s Department, under 42 U.S.C. 1983. Cox alleged that when Wilson shot him in his vehicle while stopped on Interstate 70, Wilson…
Date: May 22, 2020
Docket Number: 19-2041
Justia Opinion Summary: Defendant-Appellant Jordan Sandoval pleaded guilty to committing an assault in Indian Country which resulted in serious bodily injury. He was sentenced to a prison term of 27 months. Sandoval appealed the district…
Date: May 22, 2020
Docket Number: 19-3088
Justia Opinion Summary: In August 2017, Kansas law enforcement officers, after a traffic chase, pulled over Matthew Holmes for suspected vehicular burglary. The officers were from the City of Newton Police Department (“NPD”), McPherson County…
Date: May 19, 2020
Docket Number: 19-2045
Justia Opinion Summary: Petitioner Board of Education of Gallup-McKinley County Schools (Gallup) successfully obtained summary judgment on certain Individuals with Disabilities Education Act (IDEA) claims made by Mavis Yazzie in the…
Date: May 15, 2020
Docket Number: 18-1166
Justia Opinion Summary: The Town of Castle Rock, Colorado enacted a 7:00 p.m. curfew on commercial door-to-door solicitation. Aptive Environmental, LLC sold pest-control services through door-to-door solicitation and encouraged its salespeople…
Date: May 15, 2020
Docket Number: 19-1072
Justia Opinion Summary: Appellant Tom Connolly, the trustee for the Chapter 7 case of Appellee Samuel Morreale, sought compensation based upon moneys disbursed in Morreale’s Chapter 7 case and in a related Chapter 11 case. Morreale owned the…
Date: May 14, 2020
Docket Number: 17-9549
Justia Opinion Summary: An Immigration Judge with the Board of Immigration Appeals moved sua sponte to reopen Juvenal Reyes-Vargas' removal proceedings. The Board ruled that under 8 C.F.R. 1003.23(b)(1) the Board ruled that this regulation…
Date: May 13, 2020
Docket Number: 19-1074
Justia Opinion Summary: In 2014, Liberty Life Assurance Company of Boston rejected the claim for long-term disability benefits by plaintiff-appellee Michael Ellis. As part of its employee-benefit plan, Comcast Corporation, for whom Ellis worked…
Date: May 12, 2020
Docket Number: 16-6295
Justia Opinion Summary: Petitioner James Coddington sought collateral review of the Oklahoma Court of Criminal Appeals’ (OCCA) resolution of his constitutional challenges to his conviction and sentence. Coddington argued: (1) the trial court…
Date: May 12, 2020
Docket Number: 18-1453
Justia Opinion Summary: Plaintiff-appellee Dana Zzyym did not identify as either male or female, rather intersex. The United States State Department refused Zzyym's application for a passport. Zzyym sued, alleging that the State Department's…
Date: May 12, 2020
Docket Number: 19-1114
Justia Opinion Summary: Plaintiff-appellant Nancy Marks was serving a prison term in Colorado when she obtained entry into a community corrections program operated by Intervention Community Corrections Services (Intervention). To stay in the…
Date: May 7, 2020
Docket Number: 19-4036
Justia Opinion Summary: Plaintiff-Appellant W. Clark Aposhian filed an interlocutory appeal of a district court’s denial of his motion for a preliminary injunction. The court concluded plaintiff did not show a likelihood of success on the…
Date: May 6, 2020
Docket Number: 19-8044
Justia Opinion Summary: In 2018, the Wyoming Division of Criminal Investigation (DCI) obtained a search warrant to review the contents of Defendant–Appellant Joshua Richards' Tumblr account. During the search and subsequent investigation, DCI…
Date: May 5, 2020
Docket Number: 18-3120
Justia Opinion Summary: Debtor Abengoa Bioenergy Biomass of Kansas (ABBK), an American subsidiary of the Spanish engineering conglomerate, Abengoa, S.A., financed construction of an ethanol conversion facility in Hugoton, Kansas. Financing was…
Date: May 4, 2020
Docket Number: 18-1432
Justia Opinion Summary: A federal district court used a Colorado statute governing costs to award more than $230,000 in costs that would not have been allowable under Federal Rule of Civil Procedure 54(d). Disappointed with the outcome of a…
Date: May 1, 2020
Docket Number: 19-1221
Justia Opinion Summary: In 2016, after serving a federal prison sentence for having possessed a firearm after a felony conviction, Charles Ramon III began serving a mandatory term of supervised release. Before Ramon completed the term, his…
Date: May 1, 2020
Docket Number: 19-4097
Justia Opinion Summary: Defendants-Appellants Paragon Contractors Corporation and Brian Jessop (Paragon) appealed a district court’s order, findings of fact and conclusions of law regarding the calculation of back wages. Plaintiff-Appellee…
Date: May 1, 2020
Docket Number: 19-7043
Justia Opinion Summary: Jack Neugin pled guilty to being a felon in possession of a firearm and ammunition on the condition that he could appeal the district court's denial of his motion to suppress evidence of the ammunition and firearm police…
Date: April 30, 2020
Docket Number: 18-3226
Justia Opinion Summary: Progressive Northwestern Insurance filed suit to obtain a declaratory judgment that it had not violated any duty to its insureds in the defense of a wrongful-death suit. The underlying suit had been brought in 2013 by…
Date: April 29, 2020
Docket Number: 18-3133
Justia Opinion Summary: In consolidated appeals, the issue presented for the Tenth Circuit's review centered on whether a Kansas law requiring documentary proof of citizenship ("DPOC") for voter registration was preempted by the federal…
Date: April 28, 2020
Docket Number: 19-1094
Justia Opinion Summary: The residential community of Cordillera in Eagle County, Colorado, featured a private lodge and spa (the “Lodge”) and a village center (the “Village”). For many years, the Lodge offered its dues-paying members certain…
Date: April 28, 2020
Docket Number: 19-4083
Justia Opinion Summary: Plaintiffs-Appellants (collectively, the “Estate”), brought this action against Defendant-Appellee, Betty Diamond (“Diamond”), the former wife of Gregory Diamond (the “Decedent”). The complaint alleged the Decedent was…
Date: April 21, 2020
Docket Number: 17-3232
Justia Opinion Summary: Plaintiff-Appellants were eleven rural hospitals (the “Hospitals”) who challenged the methodology the U.S. Secretary of Health and Human Services (the “Secretary”) used to calculate their Medicare reimbursements. After…
Date: April 21, 2020
Docket Number: 19-4084
Justia Opinion Summary: Plaintiffs-Appellants United Government Security Officers of America International Union and its local, United Government Security Officers of America, Local 320 (collectively, the Unions) sued American Eagle Protective…
Date: April 20, 2020
Docket Number: 18-5090
Justia Opinion Summary: Plaintiff Christopher Barnett appealed the dismissal with prejudice his federal civil-rights claims for failure to state a claim and dismissing with prejudice his state-law claims because they did not survive the…
Date: April 17, 2020
Docket Number: 18-2010
Justia Opinion Summary: Defendant-Appellant Archie Manzanares appealed a district court’s denial of his 28 U.S.C. 2255 motion challenging his sentence under the Armed Career Criminal Act (ACCA). Under the ACCA, an offense qualified as a violent…
Date: April 14, 2020
Docket Number: 18-1195
Justia Opinion Summary: A married couple, Beverly Bien and David Wellman, invested money with Mid Atlantic Capital Corporation (“Mid Atlantic”). Their investments performed poorly. Stung by the losses, Ms. Bien and Mr. Wellman initiated…
Date: April 10, 2020
Docket Number: 18-1421
Justia Opinion Summary: Plaintiffs were citizens of the City of Boulder, Colorado and entities with various interests in the sale or possession of firearms within the city. They filed suit against the City of Boulder and several of its…
Date: April 9, 2020
Docket Number: 18-4161
Justia Opinion Summary: Plaintiff XMission, L.C. appealed a district court's dismissal of its claims against Fluent, LLC for lack of personal jurisdiction over Fluent in Utah. Fluent was a Delaware limited liability company with its principal…
Date: April 8, 2020
Docket Number: 19-4070
Justia Opinion Summary: Defendant Fernando Samora borrowed his ex-girlfriend's care and drove it alone to a restaurant. When Defendant left the restaurant and approached the vehicle, the officers from a multi-agency task force converged to…
Date: April 7, 2020
Docket Number: 19-1049
Justia Opinion Summary: The IRS conducted a civil audit of Peter Hermes, Kevin Desilet, Samantha Murphy, and John Murphy (collectively, the “Taxpayers”) to verify their tax liabilities for their medical- marijuana dispensary, Standing Akimbo,…
Date: April 7, 2020
Docket Number: 19-4008
Justia Opinion Summary: Defendant–Appellant John Mayville pleaded guilty to possession of methamphetamine with intent to distribute, and possession of an unregistered firearm silencer. Exercising his right under the plea agreement, Defendant…
Date: April 7, 2020
Docket Number: 19-9000
Justia Opinion Summary: Claiming insolvency, taxpayer Vincent Hamilton sought to exclude nearly $160,000 in student loans that were forgiven from his taxable income. During the same tax year, however, he had received a non-taxable partnership…
Date: April 3, 2020
Docket Number: 19-3014
Justia Opinion Summary: Robert Rabe worked as a pipefitter in an Atchison Topeka & Sante Fe Railroad (“ATSF”) repair shop. In that capacity, he replaced pipe insulation on passenger cars manufactured by The Budd Company (“Budd”). Rabe died from…
Date: April 1, 2020
Docket Number: 18-3240
Justia Opinion Summary: Plaintiff Steven Kientz spent many years as a "dual status" technician with the Kansas Army National Guard, where he worked as a mechanic on electronic measurement equipment. Plaintiff’s position required him to…
Date: March 25, 2020
Docket Number: 19-9517
Justia Opinion Summary: Jose Angel Banuelos-Galviz (Banuelos) entered the United States in 2006. Roughly three years later, he was served with a document labeled “Notice to Appear.” By statute, a notice to appear must include the time of the…
Date: March 20, 2020
Docket Number: 18-3045
Justia Opinion Summary: Brandon Finnesy appealed his conviction and sentence for escape from custody. As to his conviction, which was entered upon his guilty plea, Finnesy contended he should have been permitted to withdraw his guilty plea…
Date: March 18, 2020
Docket Number: 19-1002
Justia Opinion Summary: Petitioner Jimmie Wellmon sought to set aside his state court convictions for attempted first-degree murder, assault, menacing, and witness tampering. The Tenth Circuit granted a certificate of appealability so…
Date: March 18, 2020
Docket Number: 19-1121
Justia Opinion Summary: Appellee-defendant TEP Rocky Mountain, LLC (“TEP”) operated wells that produced natural gas in Colorado. These wells were subject to various leases or royalty Appellant-intervenors Ivo Lindauer, Sidney Lindauer, Ruther…
Date: March 17, 2020
Docket Number: 17-2211
Justia Opinion Summary: The jaguar is a large felid found in the southwestern United States, Mexico, Central America, and South America. Pertinent here, the jaguar was listed as a foreign endangered species in 1972. In 2014, the U.S. Fish and…
Date: March 17, 2020
Docket Number: 19-1047
Justia Opinion Summary: The insured, Brenda Sandoval, submitted a claim to her insurer, Unum Life Insurance Company of America, which initially paid benefits but then terminated them. The termination of benefits led Sandoval to sue Unum for:…
Date: March 16, 2020
Docket Number: 19-5038
Justia Opinion Summary: Petitioner-Appellant John Chatman, Jr. was convicted by a jury of being a felon in possession of a firearm and ammunition (Count One), obstruction of justice by attempting to kill a witness (Count Two), and using a…
Date: March 9, 2020
Docket Number: 18-1162
Justia Opinion Summary: Plaintiff John Doe asserted that the disciplinary proceeding brought against him by Defendants, the University of Denver (“DU”) along with several University employees, violated his rights under the Fourteenth…
Date: March 9, 2020
Docket Number: 19-3025
Justia Opinion Summary: Plaintiff, Steve Strauss, brought claims against Defendant, Angie’s List, Inc., alleging violations of the Lanham Act. Strauss owned a tree trimming/removal business called Classic Tree Care (“Classic”). Defendant…
Date: March 6, 2020
Docket Number: 19-3057
Justia Opinion Summary: Jose Lira-Ramirez was indicted on a charge of illegally reentering the United States, an element of which was the existence of a prior removal order. Though Lira-Ramirez had been removed in earlier proceedings, he moved…
Date: March 5, 2020
Docket Number: 18-1383
Justia Opinion Summary: Arthur Noreja appeals the denial of his claim for disability benefits. Noreja filed his disability claim in March 2012. In July 2013, following a hearing, an ALJ issued a detailed written order – exceeding 13 pages with…
Date: March 3, 2020
Docket Number: 19-3068
Justia Opinion Summary: In 2015, the FBI deployed a Network Investigative Technique (“NIT”) to identify the Internet Protocol (“IP”) addresses of computers accessing “Playpen,” a child pornography website. One of those IP addresses belonged to…
Date: March 2, 2020
Docket Number: 18-1374
Justia Opinion Summary: The Colorado Roadless Rule, which the Forest Service adopted in 2012, prohibits road construction in designated areas but included an exception for the North Fork Coal Mining Area (the “North Fork Exception”). In prior…
Date: February 28, 2020
Docket Number: 18-4109
Date: February 27, 2020
Docket Number: 18-1468
Justia Opinion Summary: On March 3, 2018, a man called 911 to report that he witnessed two men in a Honda shoot at another car. The caller followed the Honda and dialed 911 within “two to three minutes” of observing the gunfire. During the…
Date: February 27, 2020
Docket Number: 18-8071
Justia Opinion Summary: RW Trucking pumped fracking water from frac tanks at oil-well sites and hauled it away for disposal. Jason Metz worked as a driver for RW Trucking. When his trailer reached capacity, Metz turned off the pump and…
Date: February 26, 2020
Docket Number: 18-3242
Justia Opinion Summary: In the early morning hours of March 10, 2012, as hundreds of people emptied out of bars and concert venues in Wichita’s Old Town neighborhood at closing time, two Wichita Police Officers fatally shot Marquez Smart.…
Date: February 26, 2020
Docket Number: 18-8072
Justia Opinion Summary: In an earlier appeal, the Tenth Circuit Court of Appeals ruled that Wyoming’s anti-indemnity statute would not defeat possible insurance coverage to an additional insured. In this second appeal and cross-appeal, the…
Date: February 25, 2020
Docket Number: 18-1427
Justia Opinion Summary: After committing crimes when he was seventeen years old, defendant Atorrus Rainer was convicted of two counts of attempted first-degree murder, two counts of first-degree assault, one count of first-degree burglary, and…
Date: February 25, 2020
Docket Number: 19-1154
Justia Opinion Summary: A district court dismissed Plaintiff–Appellant Lawrence Smallen and Laura Smallen Revocable Living Trust’s securities-fraud class action against Defendant–Appellee The Western Union Company and several of its current and…
Date: February 21, 2020
Docket Number: 18-4163
Justia Opinion Summary: Defendant-Appellant Michael Bacon appealed a district court’s decision to keep the supplement to his plea agreement filed under seal. In 2015, Bacon pleaded guilty to two counts of bank robbery and one count of robbing a…
Date: February 19, 2020
Docket Number: 18-1290
Justia Opinion Summary: Under Colorado law, employers must pay all employees time-and-a-half wages for overtime hours, with certain exemptions. Employers need not pay overtime wages to “companions, casual babysitters, and domestic employees…
Date: February 18, 2020
Docket Number: 18-2158
Justia Opinion Summary: Dr. Dennis Rivero appealed the grant of summary judgment awarded in favor of the University of New Mexico Board of Regents (Defendant). Dr. Rivero was employed full-time by the University of New Mexico Hospital (UNMH)…
Date: February 13, 2020
Docket Number: 17-8089
Justia Opinion Summary: In 2013, a Wyoming court declared Andrew Johnson actually innocent of crimes for which he was then incarcerated. In 2017, after his release, Johnson brought suit under 42 U.S.C. 1983 against the City of Cheyenne,…
Date: February 10, 2020
Docket Number: 19-1079
Justia Opinion Summary: Defendant Bruce Bradley appealed a federal district court’s order denying his motion to dismiss a suit brought pursuant to 42 U.S.C. 1983 based on qualified immunity. Plaintiff Susan Ullery alleged Defendant violated,…
Date: February 7, 2020
Docket Number: 19-1086
Justia Opinion Summary: Thomas Alpern claimed the United States Forest Service improperly charges him a fee when he entered Maroon Valley to park and hike. He cited an provision of the Federal Lands Recreation Enhancement Act (REA) he claimed…
Date: February 7, 2020
Docket Number: 19-3011
Justia Opinion Summary: Stacey Janssen alleged Lawrence Memorial Hospital ("LMH") engaged in two healthcare schemes to fraudulently receive money from the United States. Janssen first contended LMH falsified patients’ arrival times in order to…
Date: February 5, 2020
Docket Number: 19-6018
Justia Opinion Summary: Petitioner George Ezell was a conductor for BNSF Railway Company. In 2014, the trainmaster directed Ezell to detach twenty ballast-loaded railcars from a train about to enter the Enid, Oklahoma train yard. To detach,…
Date: February 5, 2020
Docket Number: 19-7007
Justia Opinion Summary: Defendant Donald Blackbird attempted to sexually abuse his fifteen-year-old granddaughter. He pleaded guilty to the offense, and the district court sentenced him to sixty months’ imprisonment. At sentencing, the district…
Date: February 4, 2020
Docket Number: 17-2198
Justia Opinion Summary: A group of 122 detention officers who work or worked at Otero County Prison near Chaparral, New Mexico, alleged that their employer, Management & Training Corporation (MTC), failed to pay them for certain activities that…
Date: February 4, 2020
Docket Number: 18-2168
Justia Opinion Summary: Defendant Rodolfo Gonzalez-Fierro, a Mexican citizen, challenged his conviction for unlawfully re-entering the United States after a prior removal. That conviction was based in part on Gonzalez-Fierro’s prior expedited…
Date: January 27, 2020
Docket Number: 18-1342
Justia Opinion Summary: This case arose out of a fraudulent business scheme involving the sale of the “Scrubbieglove” cleaning product. Defendant Pasquale Rubbo and other co-conspirators lied to investors to solicit money, ultimately defrauding…
Date: January 27, 2020
Docket Number: 18-2182
Justia Opinion Summary: Defendant-appellant Brian Tony was convicted of first-degree murder for the fatal stabbing of Pat Garcia during a fight. Before trial, Tony sought to introduce evidence that Garcia had used methamphetamine before the…
Date: January 24, 2020
Docket Number: 18-9533
Justia Opinion Summary: At issue here were three EPA orders granting extensions of the small refinery exemption to the Clean Air Act (“CAA”). Those orders were not made available to the public, and were challenged by a group of renewable fuels…
Date: January 23, 2020
Docket Number: 18-3250
Justia Opinion Summary: Defendant-Appellant Mark Berg entered a conditional guilty plea to one count of possession of 100 kilograms or more of marijuana with intent to distribute. Berg appealed his conviction, claiming the district court erred…
Date: January 23, 2020
Docket Number: 19-1025
Justia Opinion Summary: Plaintiff-Appellant Roger Hill appealed a district court's dismissal of his complaint for failure to state a claim (Fed. R. Civ. P. 12(b)(6)) -- specifically for lack of prudential standing. Hill was a fly fisherman who…
Date: January 23, 2020
Docket Number: 19-2004
Justia Opinion Summary: Defendant-Appellant Adam Sadlowski entered a conditional plea of guilty to being a felon in possession of a firearm, reserving the right to appeal the district court’s denial of his motion to suppress. He was sentenced…
Date: January 22, 2020
Docket Number: 18-6067
Justia Opinion Summary: Plaintiff-appellant Travis Greer, a Messianic Jew housed in an Oklahoma prison, informed prison officials that he kept kosher. At his request, the Oklahoma Department of Corrections agreed to provide Greer with kosher…
Date: January 17, 2020
Docket Number: 18-1473
Justia Opinion Summary: While driving a car insured by Arizona Automobile Insurance Company, Marlena Whicker rear-ended a taxi and injured its passenger, Georgiana Chavez. Chavez sued Whicker in Colorado state court and won a default judgment…
Date: January 17, 2020
Docket Number: 18-2153
Justia Opinion Summary: The Rio Grande was one of only a handful of rivers that created critical habitat for plants, animals, and humans. “And it is a fact of life that not enough water exists to meet the competing needs.” Recognizing these…
Date: January 17, 2020
Docket Number: 18-3259
Justia Opinion Summary: Elizabeth Frost died in an accidental house fire. At the time, ADT provided security monitoring services to the premises. During the fire, ADT received several alerts through its monitoring system. Although ADT attempted…
Date: January 17, 2020
Docket Number: 18-9573
Justia Opinion Summary: Petitioner Alonso Martinez-Perez sought review of a final Board of Immigration Appeals (BIA) order that dismissed his appeal, holding that neither the BIA nor the Immigration Court had jurisdiction to grant Petitioner’s…
Date: January 17, 2020
Docket Number: 19-4005
Justia Opinion Summary: Dr. Kevin Donahue was walking home one night when he saw a woman outside his neighbor’s house. Dr. Donahue thought she was trespassing, and he got into a heated conversation with her. They approached two police officers,…
Date: January 16, 2020
Docket Number: 19-2020
Justia Opinion Summary: Defendant-Appellant Petrona Gaspar-Miguel appealed a district court’s affirmance of her conviction for entering the United States. On appeal, she contended the district court’s conclusion that she “entered” the United…
Date: January 15, 2020
Docket Number: 18-8076
Justia Opinion Summary: Katherine Morgan, as wrongful death representative of her husband, David Morgan, brought direct negligence liability claims against Baker Hughes Incorporated (“Baker Hughes”) for the acts of its subsidiary, Baker…
Date: January 14, 2020
Docket Number: 18-4166
Justia Opinion Summary: After John Worthen amassed over eighteen million dollars in unpaid tax liabilities, the federal government placed liens on properties it claimed belonged to his alter egos or nominees. Following a court- ordered sale of…
Date: January 14, 2020
Docket Number: 19-3070
Justia Opinion Summary: Marques Davis was an inmate at the Hutchinson Correctional Facility (“HCF”) from June 2016 until his death in April 2017. During the course of his confinement, Davis suffered from constant neurological symptoms, the…
Date: January 9, 2020
Docket Number: 18-4151
Justia Opinion Summary: The United States sought to enjoin the Uintah Valley Shoshone Tribe and several individual members from selling hunting and fishing licenses that authorized members to take wildlife from the Uintah and Ouray Reservation.…
Date: January 9, 2020
Docket Number: 18-6107
Justia Opinion Summary: At issue in this case was whether a federal court sitting in Oklahoma had specific jurisdiction over Dr. Scott Jolly, a dentist and Arkansas resident, and his Limited Liability practice, Jolly Dental Group, LLC. Dental…
Date: January 7, 2020
Docket Number: 18-1392
Justia Opinion Summary: Plaintiff-Appellant Luzetta Murphy-Sims appealed after a jury ruled in favor of Defendant-Appellee Owners Insurance Company (Owners) on her complaint against Owners' insured stemming from a car accident. The insured was…
Date: January 7, 2020
Docket Number: 18-6033
Justia Opinion Summary: Defendant-Appellant Jason Garcia appealed the sentence he received after pleading guilty of being a felon in possession of a firearm. He was sentenced to ninety-six months in prison. He claimed the district court erred…
Date: January 6, 2020
Docket Number: 18-2165
Justia Opinion Summary: Defendant-Appellant Jeremias Robertson pled guilty to possession of a firearm and ammunition by a felon, and was sentenced to a term of 84 months’ imprisonment followed by three years’ supervised release. On appeal he…
Date: January 6, 2020
Docket Number: 18-4082
Justia Opinion Summary: Japanese national Takeshi Ogawa brought a Hague Convention action against his former wife, South Korean national Kyong Kang, alleging that she wrongfully removed their twin daughters from Japan to the United States in…
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