In US v. Wise, No. 08-4033, the court of appeals affirmed defendant’s firearm possession sentence, on the grounds that: 1) defendant’s prior conviction under Utah law for failure to stop at the command of a police officer was a “crime of violence” under the Sentencing Guidelines (the court noted a circuit split); and 2) the [...]
The Tenth Circuit decided matters concerning civil procedure, environmental law, and criminal procedure.
Morris v. US Nuclear Reg. Comm’n., No. 07-9505, involved a petition for review of a license granted by the Nuclear Regulatory Commission (NRC) to conduct in situ leach mining for uranium on four sites in northwest New Mexico. The court of appeals denied [...]
Osage Nation v. Irby, No. 09-5050, concerned an action by the Osage Nation seeking a declaratory judgment that the Nation’s reservation, which comprised all of Osage County, Oklahoma, had not been disestablished and remained Indian country within the meaning of 18 U.S.C. section 1151.
As the court of appeals wrote: “The pivotal issue in this case [...]
Willis v. Bender, No. 07-8057, involved an action against a surgeon for lack of informed consent and medical malpractice.
As the court of appeals wrote: “Dr. D. Scott Bender, a general surgeon, perforated Marcy Willis’ small bowel while performing a laparoscopic cholecystectomy (laparoscopic surgery to remove her gallbladder). Relevant here, Willis sued Bender for lack of [...]
Willis v. Bender, No. 07-8057, involved an action against a surgeon for lack of informed consent and medical malpractice.
As the court of appeals wrote: “Dr. D. Scott Bender, a general surgeon, perforated Marcy Willis’ small bowel while performing a laparoscopic cholecystectomy (laparoscopic surgery to remove her gallbladder). Relevant here, Willis sued Bender for lack of [...]
The Tenth Circuit decided one criminal sentencing matter and one concerning the Railway Labor Act.
In US v. Gonzalez, No. 09-6069, the court of appeals affirmed the denial of defendant’s motion to vacate, set aside, or correct his drug distribution sentence, holding that 1) the testimony excerpts presented by defendant, considered either alone or collectively, were [...]
The Tenth Circuit decided three criminal cases and one involving the allegedly unlawful denial of special education services.
D.L. v. Unified Sch. Dist. No. 497, No. 08-3273, was an action challenging a local school district’s conclusion that plaintiff-students were ineligible for special education services. The Tenth Circuit affirmed summary judgment for defendants on the grounds that 1) [...]
Today, the Tenth Circuit decided one civil RICO matter and one criminal sentencing case.
Bixler v. Foster, No. 09-2138, involved an action by minority shareholders of a corporation against its directors and lawyers, alleging that defendants violated the civil Racketeer Influenced and Corrupt Organizations Act (RICO), when they arranged to transfer the company’s assets to an [...]
The Tenth Circuit decided two cases today, one involving the allegedly wrongful termination of a public employee for exercising her First Amendment rights; and the other involving a criminal matter.
In Rohrbough v. Univ. of Colo. Hosp. Auth., No. 07-1498, plaintiff claimed that her employer, a public hospital, fired her in retaliation for exercising her First [...]
The Tenth Circuit decided two cases today, one involving the allegedly wrongful termination of a public employee for exercising her First Amendment rights; and the other involving a criminal matter.
In Rohrbough v. Univ. of Colo. Hosp. Auth., No. 07-1498, plaintiff claimed that her employer, a public hospital, fired her in retaliation for exercising her First [...]