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Smith-Butler, Lisa 2/1/17For Educational Use Only
List of 175 results for advanced: JU(gorsuch)
© 2017 Thomson Reuters. No claim to original U.S. Government Works. 1
1. Dudnikov v. Chalk & Vermilion Fine Arts, Inc.United States Court of Appeals, Tenth Circuit. January 28, 2008 514 F.3d 1063 2008 WL 217724
COPYRIGHTS - Internet. Internet retailers adequately stated that non-resident copyright owner had engaged inintentional and wrongful act.
...for Defendants–Appellees. Before McCONNELL EBEL , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.Plaintiffs are eBay “power sellers.” Through the Internet...
2. Nasious v. Two Unknown B.I.C.E. Agents, at Arapahoe County Justice CenterUnited States Court of Appeals, Tenth Circuit. July 03, 2007 492 F.3d 1158 2007 WL 1895877
CIVIL RIGHTS - Prisons. Court failed to consider appropriate criteria prior to dismissing §1983 action for failureto comply with pleading rules.
...Nasious, pro se. Before LUCERO HARTZ , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. John Nasious, aninmate in the custody of...
3. Cortez v. McCauleyUnited States Court of Appeals, Tenth Circuit. February 16, 2007 478 F.3d 1108 2007 WL 503819
CIVIL RIGHTS - Immunity. Officers were on reasonable notice that their actions in conducting warrantless arrestviolated the Fourth Amendment.
...Judges, and joined in part by HARTZ O'BRIEN McCONNELL TYMKOVICH GORSUCH , and HOLMES , Circuit Judges. Wegranted rehearing en banc primarily...
4. Johnson v. Weld County, Colo.United States Court of Appeals, Tenth Circuit. February 08, 2010 594 F.3d 1202 2010 WL 430914
LABOR AND EMPLOYMENT - Discrimination. Colorado county was entitled to summary judgment on femaleformer employee's sex discrimination claims.
...for Defendant–Appellee. Before GORSUCH McKAY , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. After WeldCounty chose to hire someone else...
5. Andrews v. HeatonUnited States Court of Appeals, Tenth Circuit. April 23, 2007 483 F.3d 1070 2007 WL 1180423
LITIGATION - Injunction. Modification of filing restrictions placed on abusive litigant was warranted.
...District Judge for the District of Colorado, sitting by designation. GORSUCH , Circuit Judge. This case involves threeappeals and an array...
6. Young v. Dillon Companies, Inc.United States Court of Appeals, Tenth Circuit. November 09, 2006 468 F.3d 1243 2006 WL 3236297
LABOR AND EMPLOYMENT - Discrimination. Employer's proffered reason for terminating retail investigatorwas not pretextual.
...for Defendant–Appellee. Before LUCERO O'BRIEN , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. EverettYoung seeks damages from his former employer...
Smith-Butler, Lisa 2/1/17For Educational Use Only
List of 175 results for advanced: JU(gorsuch)
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7. Regan-Touhy v. Walgreen Co.United States Court of Appeals, Tenth Circuit. May 20, 2008 526 F.3d 641 2008 WL 2097389
TORTS - Privacy. There was no evidence that pharmacy employee accessed and then disclosed customer'sconfidential health information.
...District Judge for the District of Wyoming, sitting by designation. GORSUCH , Circuit Judge. Ashley Regan–Touhy claimsthat Kim Whitlock, a...
8. Hinds v. Sprint/United Management Co.United States Court of Appeals, Tenth Circuit. April 22, 2008 523 F.3d 1187 2008 WL 1795059
LABOR AND EMPLOYMENT - Discrimination. Creation of spreadsheet to look for signs of discrimination inreduction in force did not indicate discriminatory animus.
...for Defendants–Appellees. Before McCONNELL BALDOCK , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.Sprint/United Management Company and Sprint Corporation (collectively...
9. U.S. v. McCombUnited States Court of Appeals, Tenth Circuit. December 18, 2007 519 F.3d 1049 2007 WL 4393142
CRIMINAL JUSTICE - Sentencing. District court did not abuse its discretion in denying drug defendant's motionfor downward variance.
...for Plaintiff–Appellee. Before HENRY HOLLOWAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Beforebeing sentenced on drug charges, Gary Dewayne...
10. U.S. v. Ruiz-TerrazasUnited States Court of Appeals, Tenth Circuit. February 26, 2007 477 F.3d 1196 2007 WL 576034
CRIMINAL JUSTICE - Sentencing. Court was not required to specifically explain reasons for not imposingsentence below advisory Sentencing Guidelines range.
...for Plaintiff-Appellee. Before HENRY ANDERSON , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. JavierRuiz–Terrazas contends that the district court...
11. Richison v. Ernest Group, Inc.United States Court of Appeals, Tenth Circuit. March 14, 2011 634 F.3d 1123 2011 WL 856271
BUSINESS ORGANIZATIONS - Appeals. Court of Appeals would not entertain forfeited alternative value-of-the-claim theory.
...Circuit Judge, BRORBY Senior Circuit Judge, and GORSUCH , Circuit Judge. GORSUCH , Circuit Judge. David Richisonfiled this lawsuit in 2009 alleging...
12. Casey v. West Las Vegas Independent School Dist.United States Court of Appeals, Tenth Circuit. January 24, 2007 473 F.3d 1323 2007 WL 172223
EDUCATION - First Amendment retaliation. Superintendent's letter to attorney general advising of board'salleged open-meetings violations was protected speech.
...Appellees. Before TACHA , Chief Judge, TYMKOVICH , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.Barbara Casey, a longtime New Mexico public servant...
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List of 175 results for advanced: JU(gorsuch)
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13. Montes v. Vail Clinic, Inc.United States Court of Appeals, Tenth Circuit. August 14, 2007 497 F.3d 1160 2007 WL 2309766
LABOR AND EMPLOYMENT - Discrimination. Hospital's rule prohibiting housekeepers from speaking Spanishin operating room did not create hostile work environment.
...for Defendant-Appellee. Before LUCERO MURPHY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Eightformer employees of the Vail Clinic, Inc...
14. Hill v. KempUnited States Court of Appeals, Tenth Circuit. March 06, 2007 478 F.3d 1236 2007 WL 666327
TAXATION - Jurisdiction. Money collected under state's specialty license plate scheme was “tax under statelaw” under Tax Injunction Act.
...W.A. “Drew” Edmondson. Before TYMKOVICH EBEL , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Certainindividuals who license and operate their cars...
15. Van Deelen v. JohnsonUnited States Court of Appeals, Tenth Circuit. August 14, 2007 497 F.3d 1151 2007 WL 2309778
CIVIL RIGHTS - Right to petition. Taxpayer's conduct of challenging property tax assessments was protected bythe First Amendment.
...for Defendants–Appellees. Before HARTZ McKAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Michael D.Van Deelen alleges that the Board...
16. Williams v. W.D. Sports, N.M., Inc.United States Court of Appeals, Tenth Circuit. August 07, 2007 497 F.3d 1079 2007 WL 2254940
LABOR AND EMPLOYMENT - Discrimination. Terminated employee showed adverse action as part of primafacie case of Title VII retaliation.
...for Defendants–Appellees. Before KELLY EBEL , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Severalfemale former employees of the New Mexico...
17. U.S. v. HutchinsonUnited States Court of Appeals, Tenth Circuit. July 27, 2009 573 F.3d 1011 2009 WL 2217521
CRIMINAL JUSTICE - Racketeering. To prove an association-in-fact enterprise government must show thatmembers of alleged enterprise shared common purpose.
...1234, 07–1264. Before GORSUCH McKAY , and BALDOCK , Circuit Judges. GORSUCH , Circuit Judge. Denver's AlpineRose Motel was something of a...
18. Surefoot LC v. Sure Foot Corp.United States Court of Appeals, Tenth Circuit. July 08, 2008 531 F.3d 1236 2008 WL 2655802
TRADEMARKS - Declaratory Judgment. Action for declaratory judgment satisfied Article III jurisdictionalrequirements.
...for Defendant–Appellee. Before MURPHY HARTZ , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. In thiscase, two companies with similar names...
Smith-Butler, Lisa 2/1/17For Educational Use Only
List of 175 results for advanced: JU(gorsuch)
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19. Porro v. BarnesUnited States Court of Appeals, Tenth Circuit. November 09, 2010 624 F.3d 1322 2010 WL 4456990
CIVIL RIGHTS - Arrest and Detention. The due process clause controls excessive force claims brought byimmigration detainees.
...Court Judge for the District of Kansas, sitting by designation. GORSUCH , Circuit Judge. This case presents two centralquestions: What provision...
20. Watson v. U.S.United States Court of Appeals, Tenth Circuit. May 04, 2007 485 F.3d 1100 2007 WL 1300693
GOVERNMENT - Experts. Expert doctor's credentials in the area of health care in federal prisons weresufficient to be of use to the jury.
...for Defendant–Appellee. Before O'BRIEN BALDOCK , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.Katherine Dorothea Watson, on behalf of Kortney LaMon...
21. U.S. v. ShafferUnited States Court of Appeals, Tenth Circuit. January 03, 2007 472 F.3d 1219 2007 WL 10770
CRIMINAL JUSTICE - Obscenity and Pornography. Defendant distributed child pornography when hedownloaded images from computer network and stored them in shared folder.
...for Plaintiff–Appellee. Before MURPHY McKAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Aaron Shafferchallenges his conviction for distribution and...
22. Lewis v. TrippUnited States Court of Appeals, Tenth Circuit. May 17, 2010 604 F.3d 1221 2010 WL 1949030
CIVIL RIGHTS - Searches and Seizures. Board president's action of reporting chiropractor's alleged unlicensedpractice was not direct participation in search.
...D.C. Before BRISCOE , Chief Judge, BALDOCK , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. AfterOklahoma state authorities revoked Jeffrey Lewis's license...
23. Shook v. Board of County Commissioners of County of El PasoUnited States Court of Appeals, Tenth Circuit. August 29, 2008 543 F.3d 597 2008 WL 3982987
CIVIL RIGHTS - Class Actions. Certification of class of present and future inmates with mental illnesses couldbe denied due to unmanageability.
...for Amici Curiae. Before TYMKOVICH GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. PlaintiffsMark Shook and Dennis Jones, along with...
24. Kerns v. BaderUnited States Court of Appeals, Tenth Circuit. December 20, 2011 663 F.3d 1173 2011 WL 6367728
Background: Arrestee and owners of residence where law-enforcement surveillance patrol helicopter crashedbrought §1983 action against county board of commissioners, county sheriff, detectives, deputies, city, andpolice officers, challenging investigation, arrest, and prosecution, and alleging illegal entry without warrant,...
...for Plaintiffs–Appellees. Before O'BRIEN HOLLOWAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Do wehave to decide a qualified immunity...
Smith-Butler, Lisa 2/1/17For Educational Use Only
List of 175 results for advanced: JU(gorsuch)
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25. Matthews v. WorkmanUnited States Court of Appeals, Tenth Circuit. August 17, 2009 577 F.3d 1175 2009 WL 2488142
CRIMINAL JUSTICE - Habeas Corpus. Juror misconduct in speaking with released alternate juror about trial didnot warrant habeas relief.
...and Request for En Banc Consideration is also denied. 1003 GORSUCH , Circuit Judge. In 1999, an Oklahoma state juryconvicted Jeffrey...
26. Prost v. AndersonUnited States Court of Appeals, Tenth Circuit. February 22, 2011 636 F.3d 578 2011 WL 590334
CRIMINAL JUSTICE - Postconviction Relief. Tenth Circuit Court of Appeals rejects novelty and circuitforeclosure tests for successive motions to vacate.
...for Respondent–Appellee. Before O'BRIEN SEYMOUR , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.Nearly a decade after Keith Prost pleaded guilty...
27. Valley Forge Ins. Co. v. Health Care Management Partners, Ltd.United States Court of Appeals, Tenth Circuit. August 16, 2010 616 F.3d 1086 2010 WL 3211170
INSURANCE - Duty to Defend. Insurers were allowed to recoup defense costs under reservation of rights letter,even if right was not reserved in underlying policies.
...Cudahy U.S. Senior Circuit Judge, Seventh Circuit, sitting by designation. GORSUCH , Circuit Judge. When the governmentsued them for allegedly engaging...
28. Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc.United States Court of Appeals, Tenth Circuit. June 17, 2008 528 F.3d 1258 2008 WL 2420869
COPYRIGHTS - Art and Architecture. Digital wire-frame models that depicted vehicles without anyindividualizing features were not sufficiently original.
...3D Recon, LLC. Before BRISCOE GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. This case callson us to apply copyright...
29. U.S. ex rel. Boothe v. Sun Healthcare Group, Inc.United States Court of Appeals, Tenth Circuit. August 07, 2007 496 F.3d 1169 2007 WL 2247666
GOVERNMENT - False Claims. False Claims Act's public disclosure bar contained no “time, place and manner”exception.
...for Defendant–Appellee. Before LUCERO MURPHY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. LouanneBoothe, a former finance and accounting employee...
30. TW Telecom Holdings Inc. v. Carolina Internet Ltd.United States Court of Appeals, Tenth Circuit. November 15, 2011 661 F.3d 495 2011 WL 5533450
BANKRUPTCY - Appeals. Automatic stay prevented Chapter 11 debtor in possession from pursuing appealfrom judgment against it.
...Before KELLY GORSUCH , and SCOTT M. MATHESON , Circuit Judges. ORDER GORSUCH , Circuit Judge. CarolinaInternet Ltd. appeals from the entry of...
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31. U.S. v. ToddUnited States Court of Appeals, Tenth Circuit. February 12, 2008 515 F.3d 1128 2008 WL 363738
CRIMINAL JUSTICE - Sentencing. District court's determination that defendant possessed and distributed 37grams of meth was not supported by record.
...for Defendant-Appellee. Before LUCERO BALDOCK , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. On twoseparate occasions, police apprehended Jared Lee...
32. U.S. v. MullinsUnited States Court of Appeals, Tenth Circuit. July 29, 2010 613 F.3d 1273 2010 WL 2947873
CRIMINAL JUSTICE - Fraud. Evidence was sufficient to sustain conviction for wire fraud.
...Circuit Judge, McWILLIAMS , Senior Circuit Judge, and GORSUCH , Circuit Judge. GORSUCH , Circuit Judge. LaDonnaMullins and Linda Edwards both owned real...
33. U.S. v. LudwigUnited States Court of Appeals, Tenth Circuit. April 22, 2011 641 F.3d 1243 2011 WL 1533520
CRIMINAL JUSTICE - Searches and Seizures. Trooper had reasonable suspicion to detain defendant originallystopped for traffic violation while drug dog was deployed.
...for Plaintiff–Appellee. Before MURPHY TYMKOVICH , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Drivingthrough Wyoming one afternoon in August, Sergei...
34. U.S. v. TaylorUnited States Court of Appeals, Tenth Circuit. January 29, 2008 514 F.3d 1092 2008 WL 224055
CRIMINAL JUSTICE - Trial. Failure to grant mistrial after issuing curative instruction to which defendant did notobject was not plain error.
...Circuit Judge, McWILLIAMS Senior Circuit Judge, and GORSUCH , Circuit Judge. GORSUCH , Circuit Judge. Duringopening statements at Johnson Kenneth Taylor's trial...
35. Winzler v. Toyota Motor Sales U.S.A., Inc.United States Court of Appeals, Tenth Circuit. June 18, 2012 681 F.3d 1208 2012 WL 2236624
PRODUCTS LIABILITY - Jurisdiction. Car owner's action against manufacturer was rendered moot bynationwide recall under National Traffic and Motor Vehicle Safety Act.
...for Defendant–Appellee. Before TYMKOVICH SEYMOUR , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.Mootness has many moods. Always the doctrine describes...
36. Banks v. WorkmanUnited States Court of Appeals, Tenth Circuit. September 05, 2012 692 F.3d 1133 2012 WL 3834733
CRIMINAL JUSTICE - Habeas Corpus. Allowing defendant's brother to be questioned after invoking FifthAmendment privilege was harmless error.
...Appellee Randall Workman. Before MURPHY O'BRIEN , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. AfterSun Travis was abducted, raped, and shot...
37. Whittenburg v. Werner Enterprises Inc.United States Court of Appeals, Tenth Circuit. April 03, 2009 561 F.3d 1122 2009 WL 884616
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TRANSPORTATION - Motor Vehicles. New trial was warranted by closing argument in which counsel askedjury to imagine accident victim's children reading letter.
...for Plaintiff–Appellee. Before McCONNELL EBEL , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. MackWhittenburg was driving his pickup truck on...
38. Russo v. Ballard Medical ProductsUnited States Court of Appeals, Tenth Circuit. December 18, 2008 550 F.3d 1004 2008 WL 5247934
COMMERCIAL LAW - Trade Secrets. Inventor's unjust enrichment and royalty damages were not limited tocontract period discussed in confidentiality agreement.
...Appellee/Cross–Appellant. Before McCONNELL SEYMOUR , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.Medical device inventor Ronald Russo brought this lawsuit...
39. McKissick v. YuenUnited States Court of Appeals, Tenth Circuit. September 08, 2010 618 F.3d 1177 2010 WL 3489748
LABOR AND EMPLOYMENT - Contracts. Executive's separation agreement precluded her from bringingsecurities fraud action against former company.
...Guide International, Inc. Before HARTZ HOLLOWAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. PamelaMcKissick, a former Gemstar executive, sued the...
40. Four Corners Nephrology Associates, P.C. v. Mercy Medical Center of DurangoUnited States Court of Appeals, Tenth Circuit. September 29, 2009 582 F.3d 1216 2009 WL 3085882
ANTITRUST - Health Care Providers. Refusal to allow physician to use hospital facilities did not constituteanticompetitive conduct under Sherman Act or Colorado law.
...HENRY , Chief Circuit Judge, and HOLLOWAY and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. To provideDurango, Colorado, residents and Southern Ute...
41. U.S. v. LovernUnited States Court of Appeals, Tenth Circuit. September 09, 2009 590 F.3d 1095 2009 WL 2871538
CRIMINAL JUSTICE - Drugs. Evidence did not support pharmacy computer technician's conviction forconspiracy to dispense drugs.
...3141, 08-3149. Before TACHA O'BRIEN , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. The principal owner-operator of Red Mesa Pharmacy...
42. Magar v. ParkerUnited States Court of Appeals, Tenth Circuit. June 19, 2007 490 F.3d 816 2007 WL 1748514
CRIMINAL JUSTICE - Habeas Corpus. Habeas review of prisoner's due process challenge to adequacy ofdisciplinary proceedings was procedurally barred.
...HARTZ , and GORSUCH , Circuit Judges. ORDER DENYING CERTIFICATE OF APPEALABILITY GORSUCH , CircuitJudge. Larry Magar, an Oklahoma state prisoner, seeks a...
43. Penncro Associates, Inc. v. Sprint Spectrum, L.P.United States Court of Appeals, Tenth Circuit. August 24, 2007 499 F.3d 1151 2007 WL 2405260
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COMMERCIAL LAW - Damages. Bill collector's lost profits were not foreclosed by service agreement asconsequential damages.
...Appellee/Cross–Appellant. Before KELLY BALDOCK , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. SprintSpectrum, L.P., does not dispute that it...
44. Raymond v. AstrueUnited States Court of Appeals, Tenth Circuit. December 15, 2009 621 F.3d 1269 2009 WL 6892064
SOCIAL SECURITY - Disability Benefits. Notes made by claimant's treating physician during a visit were notentitled to controlling weight.
...for Defendant–Appellee. Before LUCERO GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. RonaldE. Raymond appeals the district court's order...
45. Martinez v. CarrUnited States Court of Appeals, Tenth Circuit. March 27, 2007 479 F.3d 1292 2007 WL 901922
CIVIL RIGHTS - Arrest and Detention. An officer did not seize a police detainee by giving him the choice ofsigning a misdemeanor citation or going to jail.
...for Plaintiff–Appellee. Before BRISCOE EBEL , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. JeramyMartinez seeks damages from New Mexico State...
46. U.S. v. Cortez-GalavizUnited States Court of Appeals, Tenth Circuit. July 31, 2007 495 F.3d 1203 2007 WL 2181518
CRIMINAL JUSTICE - Investigatory Stop. A “not found” report from state insurance database gave rise to areasonable suspicion to conduct traffic stop.
...for Plaintiff–Appellee. Before O'BRIEN McWILLIAMS , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. RamsesCortez–Galaviz contends that a traffic stop...
47. Lee v. Max Intern., LLCUnited States Court of Appeals, Tenth Circuit. May 03, 2011 638 F.3d 1318 2011 WL 1651640
LITIGATION - Sanctions. District court did not abuse its discretion in issuing dismissal sanction for plaintiffs'discovery misconduct.
...for Defendant–Appellee. Before MURPHY HARTZ , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. How manytimes can a litigant ignore his...
48. U.S. v. ManatauUnited States Court of Appeals, Tenth Circuit. August 01, 2011 647 F.3d 1048 2011 WL 3251465
CRIMINAL JUSTICE - Sentencing. Court was required to inquire into defendant purpose in stealing checks incalculating his advisory guidelines range.
...Appellee. Before BRISCOE , Chief Judge, TYMKOVICH , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.When calculating an advisory guidelines sentence for an...
49. U.S. v. WittigUnited States Court of Appeals, Tenth Circuit. August 10, 2009 575 F.3d 1085 2009 WL 2430628
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CRIMINAL JUSTICE - Double Jeopardy. Collateral estoppel did not bar defendants' retrial on charges ofconspiracy to commit wire fraud.
...for Plaintiff–Appellee. Before MURPHY McKAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. David Wittigand Douglas Lake continue to labor...
50. In re WoolseyUnited States Court of Appeals, Tenth Circuit. September 04, 2012 696 F.3d 1266 2012 WL 3797696
BANKRUPTCY - Claims. Wholly unsecured junior mortgage lien could not be “stripped off.”
...Attorneys. Before GORSUCH HOLMES , and SCOTT M. MATHESON , Circuit Judges. GORSUCH , Circuit Judge. Like somany these days, Stephanie and Kenneth...
51. Hydro Resources, Inc. v. U.S. E.P.A.United States Court of Appeals, Tenth Circuit. June 15, 2010 608 F.3d 1131 2010 WL 2376163
NATIVE AMERICANS - Lands. Land on which company intended to operate mine did not fall within dependentIndian community.
...HENRY LUCERO MURPHY O'BRIEN TYMKOVICH GORSUCH , and HOLMES , Circuit Judges. GORSUCH , CircuitJudge, joined by TACHA KELLY O'BRIEN TYMKOVICH , and HOLMES...
52. Orr v. City of AlbuquerqueUnited States Court of Appeals, Tenth Circuit. July 08, 2008 531 F.3d 1210 2008 WL 2652711
LABOR AND EMPLOYMENT - Discrimination. Police department was not entitled to summary judgment onpregnant female officers' Title VII claims.
...for Defendants–Appellees. Before LUCERO HARTZ , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.Albuquerque police officers Cynthia Orr and Patricia Paiz...
53. U.S. v. HarperUnited States Court of Appeals, Tenth Circuit. October 31, 2008 545 F.3d 1230 2008 WL 4756393
CRIMINAL JUSTICE - Postconviction Relief. Certificate of appealability (COA) was prerequisite to prisoner'sappeal of dismissal of motion to vacate sentence.
...pro se. Before O'BRIEN EBEL , and GORSUCH , Circuit Judges. ORDER GORSUCH , Circuit Judge. Donald Alton Harper,a federal prisoner, seeks to...
54. Thompson R2-J School Dist. v. Luke P., ex rel. Jeff P.United States Court of Appeals, Tenth Circuit. August 29, 2008 540 F.3d 1143 2008 WL 3984361
EDUCATION - Disabled Students. Autistic student's inability to generalize his lessons in different settings didnot render IEP inadequate.
...Court for the District of New Mexico, sitting by designation. GORSUCH , Circuit Judge. Jeff and Julie P. contend that theThompson...
55. Novell, Inc. v. Microsoft Corp.United States Court of Appeals, Tenth Circuit. September 23, 2013 731 F.3d 1064 2013 WL 5303259
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ANTITRUST - Monopolies. Manufacturer's withdrawal of prior dealing with competitor did not violate anti-monopoly provision of Sherman Anti-Trust Act
...for Defendant–Appellee. Before KELLY GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. A stragglerof a case, this one drags...
56. U.S. v. FarrUnited States Court of Appeals, Tenth Circuit. August 19, 2008 536 F.3d 1174 2008 WL 3843336
CRIMINAL JUSTICE - Taxes. Prosecution for failure to pay trust fund recovery penalty effected impermissibleamendment of tax-evasion indictment.
...for Plaintiff-Appellee. Before KELLY HOLLOWAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. SkoshiThedford Farr appeals her conviction for tax...
57. Almond v. Unified School Dist. No. 501United States Court of Appeals, Tenth Circuit. November 29, 2011 665 F.3d 1174 2011 WL 5925312
EDUCATION - Civil Rights. Ledbetter Act did not apply to extend the 300-day administrative limitations periodon employees' ADEA claims.
...Circuit Judge, BRORBY Senior Circuit Judge, and GORSUCH , Circuit Judge. GORSUCH , Circuit Judge. Enacted in 2009,the Lilly Ledbetter Fair Pay...
58. U.S. v. Sabillon-UmanaUnited States Court of Appeals, Tenth Circuit. December 08, 2014 772 F.3d 1328 2014 WL 6873142
CRIMINAL JUSTICE - Sentencing. Sentencing court procedurally erred when imposing sentence for defendantconvicted of drug trafficking conspiracy.
...Appeals for the District of Columbia Circuit, sitting by designation. GORSUCH , Circuit Judge. Sentencing someone to prisonhas to be one...
59. Sydnes v. U.S.United States Court of Appeals, Tenth Circuit. April 22, 2008 523 F.3d 1179 2008 WL 1795029
GOVERNMENT - Tort Claims. Terminated employees failed to overcome discretionary function exception toFederal Tort Claims Act.
...Judge for the District of New Mexico, sitting by designation. GORSUCH , Circuit Judge. Titan Corporation fired Brian Sydnesand Tom LaBrecque...
60. Elwell v. Oklahoma ex rel. Bd. of Regents of University of OklahomaUnited States Court of Appeals, Tenth Circuit. September 11, 2012 693 F.3d 1303 2012 WL 3937974
EDUCATION - Labor and Employment. Employee could not assert under Title II of ADA claim that statediscriminated against her on basis of her disability.
...Appellee. Before GORSUCH HOLMES , and SCOTT M. MATHESON , Circuit Judges. GORSUCH , Circuit Judge. Does theAmericans with Disabilities Act create two...
61. Flood v. ClearOne Communications, Inc.United States Court of Appeals, Tenth Circuit. August 30, 2010 618 F.3d 1110 2010 WL 3389032
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LABOR AND EMPLOYMENT - Contracts. Company's promise to advance costs of criminal defense to its CEOwas not illusory under Utah law.
...for Plaintiff–Appellee. Before TYMKOVICH EBEL , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Acting on itsown motion, the district court...
62. U.S. v. LopezUnited States Court of Appeals, Tenth Circuit. March 04, 2008 518 F.3d 790 2008 WL 570802
CRIMINAL JUSTICE - Appeals. The government complied with the substance of the certification requirementfor an appeal of a suppression order.
...for Defendant–Appellee. Before TACHA ANDERSON , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Thegovernment seeks to appeal the district court's...
63. Garcia v. Board of Educ. of Albuquerque Public SchoolsUnited States Court of Appeals, Tenth Circuit. March 25, 2008 520 F.3d 1116 2008 WL 763744
EDUCATION - Disabled Students. Court could deny remedy under IDEA because student had dropped out ofschool and was unwilling to return.
...for Defendant–Appellee. Before BRISCOE GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. JessicaGarcia, on behalf of her daughter Myisha...
64. In re TaumoepeauUnited States Court of Appeals, Tenth Circuit. April 22, 2008 523 F.3d 1213 2008 WL 1795065
BANKRUPTCY - Debtor Protections. Stipulation with mortgage lender, and lift-stay order pursuant to stipulation,survived order confirming bankruptcy plan.
...Court for the District of New Mexico, sitting by designation. GORSUCH , Circuit Judge. Edward and Talahiva Taumoepeauargue that their mortgage...
65. Big Sky Network Canada, Ltd. v. Sichuan Provincial GovernmentUnited States Court of Appeals, Tenth Circuit. July 15, 2008 533 F.3d 1183 2008 WL 2736667
INTERNATIONAL LAW - Foreign Sovereigns. Two Chinese sub-national governments demonstrated sufficientcause for delay in requesting removal of action against them.
...for Defendants–Appellees. Before MURPHY HARTZ , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Seekingto capitalize on the growth of broadband...
66. U.S. v. PopeUnited States Court of Appeals, Tenth Circuit. July 23, 2010 613 F.3d 1255 2010 WL 2872482
CRIMINAL JUSTICE - Indictment and Information. Defendant's motion to dismiss indictment on constitutionalgrounds could not be decided pretrial.
...Court Judge, Northern District of West Virginia, sitting by designation. GORSUCH , Circuit Judge. This case began when agrand jury indicted...
67. SECSYS, LLC v. VigilUnited States Court of Appeals, Tenth Circuit. January 23, 2012 666 F.3d 678 2012 WL 171876
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GOVERNMENT CONTRACTS - Bidding. Bidder for state contract was not denied equal protection rights bystate treasurer's alleged extortionate policy.
...Circuit Judge, BRORBY Senior Circuit Judge, and GORSUCH , Circuit Judge. GORSUCH , Circuit Judge. Public officialsusing the power of their perches...
68. Energy West Mining Co v. OliverUnited States Court of Appeals, Tenth Circuit. February 20, 2009 555 F.3d 1211 2009 WL 416317
LABOR AND EMPLOYMENT - Workers' Compensation. Treating physician's opinion as to contributing causesof miner's COPD was entitled to “great weight.”
...Workers' Compensation Programs. Before McCONNELL EBEL , and GORSUCH , Circuit Judges. GORSUCH , CircuitJudge. This is a petition to review the judgment...
69. MarkWest Hydrocarbon, Inc. v. Liberty Mut. Ins. Co.United States Court of Appeals, Tenth Circuit. March 09, 2009 558 F.3d 1184 174 Oil & Gas Rep. 1
INSURANCE - Property. Costs incurred by insured in complying with corrective action orders (CAOs) were notcovered under its insurance policy.
...for Defendants–Appellees. Before KELLY EBEL , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. An explosionin a natural liquid gas pipeline...
70. Payless Shoesource, Inc. v. Travelers Companies, Inc.United States Court of Appeals, Tenth Circuit. November 10, 2009 585 F.3d 1366 2009 WL 3739381
INSURANCE - Liability. FLSA exclusion of employment practices liability policy reached claims brought understate laws similar to FLSA.
...Counter–Claimant–Appellee. Before O'BRIEN SEYMOUR , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.This is a dispute over the meaning of...
71. U.S. v. ChristieUnited States Court of Appeals, Tenth Circuit. June 11, 2013 717 F.3d 1156 2013 WL 2477252
CRIMINAL JUSTICE - Public Trial. Excluding murder defendant's husband from courtroom during testimony ofhis daughter did not violate right to public trial.
...Appellant. Before BRISCOE , Chief Judge, McKAY and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. ForRebecca Christie, life must have seemed more...
72. U.S. v. Uscanga-MoraUnited States Court of Appeals, Tenth Circuit. April 24, 2009 562 F.3d 1289 2009 WL 1100458
CRIMINAL JUSTICE - Sentencing. Any inadequacy in recitation of reasons for imposing enhancement forleadership role did not affect substantial rights.
...Chief Judge, McWILLIAMS , Senior Circuit Judge, and GORSUCH , Circuit Judge. GORSUCH , Circuit Judge. MarcosUscanga-Mora appeals the district court's imposition...
73. In re HabermanUnited States Court of Appeals, Tenth Circuit. February 22, 2008 516 F.3d 1207 2008 WL 466398
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BANKRUPTCY - Avoidance. Trustee who avoided lien did not assume lienholder's right to recover amounts inexcess of lien.
...Circuit Judge, BRORBY Senior Circuit Judge, and GORSUCH , Circuit Judge. GORSUCH , Circuit Judge. [1] At one level,this is a dispute...
74. U.S. v. DolanUnited States Court of Appeals, Tenth Circuit. June 26, 2009 571 F.3d 1022 2009 WL 1833982
CRIMINAL JUSTICE - Restitution. District court's error in awarding restitution within 90 days of sentencing didnot deprive it of jurisdiction to make award.
...Plaintiff–Appellee. Before MURPHY ANDERSON , and GORSUCH , Circuit Judges. ORDER GORSUCH , Circuit Judge.Appellant's petition for rehearing is granted sua sponte...
75. Pino v. U.S.United States Court of Appeals, Tenth Circuit. October 29, 2007 507 F.3d 1233 2007 WL 3134952
TORTS - Wrongful Death. Question would be certified as to existence of wrongful death action for nonviablestillborn fetus on date of delivery.
...Circuit Judges. CERTIFICATION OF QUESTION OF STATE LAW NEIL M. GORSUCH , Circuit Judge. Michael and AmyPino ask this court to...
76. U.S. v. MartinUnited States Court of Appeals, Tenth Circuit. July 30, 2010 613 F.3d 1295 2010 WL 2977721
CRIMINAL JUSTICE - Arrest. Police officers had probable cause to arrest defendant without a warrant in theatrium of his apartment building.
...Circuit Judge, BRORBY Senior Circuit Judge, and GORSUCH , Circuit Judge. GORSUCH , Circuit Judge. Confronted at theentryway of his apartment building...
77. Grant v. TrammellUnited States Court of Appeals, Tenth Circuit. August 15, 2013 727 F.3d 1006 2013 WL 4105939
CRIMINAL JUSTICE - Homicide. Defendant was not entitled to a jury instruction on manslaughter, as a lesserincluded offense, in his murder trial.
...Appellee. Before BRISCOE , Chief Judge, GORSUCH and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. Whileserving a long sentence in state prison...
78. U.S. v. Cardenas-AlatorreUnited States Court of Appeals, Tenth Circuit. May 08, 2007 485 F.3d 1111 2007 WL 1334511
CRIMINAL JUSTICE - Investigatory Stop. The good faith exception to the exclusionary rule applied tomethamphetamine found in the defendant's vehicle.
...for Plaintiff–Appellee. Before HENRY ANDERSON , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. JesusCardenas–Alatorre seeks reversal of his conviction...
79. Cinnamon Hills Youth Crisis Center, Inc. v. Saint George CityUnited States Court of Appeals, Tenth Circuit. July 03, 2012 685 F.3d 917 2012 WL 2561883
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CIVIL RIGHTS - Disabilities. Request for zoning variance to allow residential treatment center to operate inpublic motel was not reasonable accommodation.
...the Defendant–Appellee. Before MURPHY HOLLOWAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Foryears Cinnamon Hills has run a residential...
80. Hwang v. Kansas State UniversityUnited States Court of Appeals, Tenth Circuit. May 29, 2014 753 F.3d 1159 2014 WL 2212071
EDUCATION - Civil Rights. State university did not violate Rehabilitation Act by denying professor more than sixmonths of sick leave.
...for Defendant–Appellee. Before LUCERO HARTZ , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Must anemployer allow employees more than six...
81. In re DawesUnited States Court of Appeals, Tenth Circuit. June 21, 2011 652 F.3d 1236 2011 WL 2450930
BANKRUPTCY - Discharge. Post-petition income taxes incurred from debtors' sale of a farm asset duringChapter 12 proceedings were not dischargeable.
...for Debtors–Appellees. Before TYMKOVICH McKAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Can ataxpayer avoid income taxes by selling...
82. Aquila, Inc. v. C.W. MiningUnited States Court of Appeals, Tenth Circuit. November 07, 2008 545 F.3d 1258 2008 WL 4823340
ENERGY AND UTILITIES - Coal. Labor dispute was not force majeure event excusing all of coal company'sdeficient performance under contract with utility.
...for Defendant–Appellant. Before McCONNELL EBEL , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Thisdiversity action implicates a contract between C.W...
83. Yellowbear v. LampertUnited States Court of Appeals, Tenth Circuit. January 23, 2014 741 F.3d 48 2014 WL 241981
CIVIL RIGHTS - Prisons. Preventing any use of sweat lodge may not have been least restrictive means tofurther compelling government interest.
...District Judge for the District of Colorado, sitting by designation. GORSUCH , Circuit Judge. Andrew Yellowbear will probablyspend the rest of...
84. U.S. v. QuaintanceUnited States Court of Appeals, Tenth Circuit. June 28, 2010 608 F.3d 717 2010 WL 1981028
CRIMINAL JUSTICE - Drugs. Defendants were not sincere with respect to their purported religious beliefs thatmarijuana was a deity and sacrament.
...Before HENRY EBEL , and GORSUCH , Circuit Judges. ORDER NEIL M. GORSUCH , Circuit Judge. Danuel and MaryQuaintance responded to their indictment...
85. Caplinger v. Medtronic, Inc.United States Court of Appeals, Tenth Circuit. April 21, 2015 784 F.3d 1335 2015 WL 1786742
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PRODUCTS LIABILITY - Defects. Patient's claims against medical device manufacturer were preempted byFederal Food, Drug, and Cosmetics Act (FDCA).
...of Defendants–Appellees. Before LUCERO HARTZ , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Somemedical devices are so risky they can't...
86. In re C and M Properties, L.L.C.United States Court of Appeals, Tenth Circuit. April 30, 2009 563 F.3d 1156 51 Bankr.Ct.Dec. 161
LITIGATION - Jurisdiction. District Court's remand order divested federal courts of any further jurisdiction overparties' litigation.
...for Plaintiff–Appellee. Before McCONNELL EBEL , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. It's beenmore than four years since any...
87. Wade Pediatrics v. Department of Health and Human ServicesUnited States Court of Appeals, Tenth Circuit. June 02, 2009 567 F.3d 1202 2009 WL 1530600
HEALTH - Licensing. Laboratory referred proficiency testing samples to another laboratory in violation of statutegoverning laboratory certification.
...brief), for Respondent. Before LUCERO O'BRIEN , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. From timeto time, labs federally certified to...
88. U.S. v. WamplerUnited States Court of Appeals, Tenth Circuit. November 16, 2010 624 F.3d 1330 2010 WL 4615159
CRIMINAL JUSTICE - Appeals. An order denying a motion to dismiss charges based on a plea agreementcould not be appealed on an interlocutory basis.
...States District Court Judge, District of Colorado, sitting by designation. GORSUCH , Circuit Judge. The defendants arguethat an unconsummated plea agreement...
89. Raley v. Hyundai Motor Co., Ltd.United States Court of Appeals, Tenth Circuit. June 14, 2011 642 F.3d 1271 2011 WL 2315195
LITIGATION - Appeals. Substitution order transferred all interest in lawsuit to new plaintiff, including right toappeal.
...for Defendants–Appellees. Before LUCERO McKAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Can youappeal a final judgment rendered against...
90. Howard v. Ferrellgas Partners, L.P.United States Court of Appeals, Tenth Circuit. April 08, 2014 748 F.3d 975 2014 WL 1363963
COMMERCIAL LAW - Arbitration. A prompt trial to determine whether parties agreed to arbitrate was required.
...for Plaintiff–Appellee. Before KELLY GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. [1] [2]Everyone knows the Federal Arbitration Act...
91. Blackmon v. SuttonUnited States Court of Appeals, Tenth Circuit. November 08, 2013 734 F.3d 1237 2013 WL 5952135
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CIVIL RIGHTS - Due Process. Detention center staff were not entitled to qualified immunity on claim alleginguse of restraint chair for punishment.
...for Plaintiff–Appellee. Before GORSUCH HOLLOWAY , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. Weeksbefore eleven-year-old, 4′11,′ 96...
92. Copart, Inc. v. Administrative Review Bd., U.S. Dept. of LaborUnited States Court of Appeals, Tenth Circuit. July 31, 2007 495 F.3d 1197 2007 WL 2181521
LABOR AND EMPLOYMENT - Attorney Fees. Appellate court's general denial of employee's motion forattorneys' fees was not a decision on the merits.
...OK, for Intervenor. Before BRISCOE McKAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. The questionpresented in this case is whether...
93. In re KrauseUnited States Court of Appeals, Tenth Circuit. April 01, 2011 637 F.3d 1160 2011 WL 1206178
TAXATION - Liens. Taxpayer's transfer of assets to his children's trusts was fraudulent.
...Circuit Judge, BRORBY , Senior Circuit Judge, and GORSUCH , Circuit Judge. GORSUCH , Circuit Judge. Can a taxpayeravoid the IRS by moving...
94. U.S. v. Hernandez-HernandezUnited States Court of Appeals, Tenth Circuit. March 21, 2008 519 F.3d 1236 2008 WL 747124
CRIMINAL JUSTICE - Immigration. Exclusion of evidence of defendant's acute intoxication and amnesia did notviolate defendant's right to present a defense.
...for Plaintiff–Appellee. Before LUCERO HARTZ , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. At a bar inPalomas, Mexico, Alfredo Hernandez...
95. U.S. v. JacksonUnited States Court of Appeals, Tenth Circuit. July 09, 2007 493 F.3d 1179 2007 WL 1969678
CRIMINAL JUSTICE - Sentencing. Court could assess criminal history point for uncounselled misdemeanorconviction that included suspended jail time and fine.
...Before TACHA Chief Circuit Judge, BRISCOE , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. [1] WayneJackson contends that the federal district...
96. U.S. v. Adame-OrozcoUnited States Court of Appeals, Tenth Circuit. June 04, 2010 607 F.3d 647 2010 WL 2220592
CRIMINAL JUSTICE - Immigration. Defendant was not improperly deprived of the opportunity for judicial reviewof his deportation proceedings.
...States of America. Before HARTZ BALDOCK , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Juan Adame–Orozco appeals his conviction for illegally...
97. Wyoming v. U.S. Dept. of InteriorUnited States Court of Appeals, Tenth Circuit. November 24, 2009 587 F.3d 1245 2009 WL 4047954
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ENVIRONMENTAL LAW - Parks. Appeal challenging interim order governing snowmobile access toYellowstone National Park was moot.
...Circuit Judge, BRORBY Senior Circuit Judge, and GORSUCH , Circuit Judge. GORSUCH , Circuit Judge. This is the latestinstallment in a long...
98. Barrett v. Salt Lake CountyUnited States Court of Appeals, Tenth Circuit. June 13, 2014 754 F.3d 864 2014 WL 2619799
LABOR AND EMPLOYMENT - Discrimination. District court's error in instructing that retaliation plaintiff couldalso prove causation via mixed motives was harmless.
...for Plaintiff–Appellee. Before LUCERO O'BRIEN , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. The troublebegan when Michael Barrett, a Salt...
99. U.S. v. Magnesium Corp. of AmericaUnited States Court of Appeals, Tenth Circuit. August 17, 2010 616 F.3d 1129 2010 WL 3222058
ADMINISTRATIVE PRACTICE - Rulemaking. Prior tentative interpretation of regulation did not preclude agencyfrom changing interpretation.
...U.S. Magnesium LLC. Before TYMKOVICH EBEL , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. As itsname advertises, U.S. Magnesium produces magnesium...
100. Roberts v. International Business Machines Corp.United States Court of Appeals, Tenth Circuit. November 05, 2013 733 F.3d 1306 2013 WL 5912091
LABOR AND EMPLOYMENT - Discrimination. Instant messaging conversation between two human resourcesmanagers was not direct evidence age discrimination.
...for Defendant–Appellee. Before GORSUCH BALDOCK , and BACHARACH , Circuit Judges. GORSUCH , Circuit Judge. [1]George Roberts says IBM fired him because...
101. BP America, Inc. v. Oklahoma ex rel. EdmondsonUnited States Court of Appeals, Tenth Circuit. July 29, 2010 613 F.3d 1029 2010 WL 2961253
LITIGATION - Appeals. Under Class Action Fairness Act, propane distributor was granted leave to appealremand order in action brought by state.
...Respondent. Before BRISCOE , Chief Judge, TACHA , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. DrewEdmondson, the Attorney General of Oklahoma, sued...
102. U.S. v. DykeUnited States Court of Appeals, Tenth Circuit. June 17, 2013 718 F.3d 1282 2013 WL 2934213
CRIMINAL JUSTICE - Government Misconduct. Outrageous governmental conduct defense did not apply toconduct of undercover agents.
...Donald Milton Steele. Before HARTZ ANDERSON , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. RandyDyke and Donald Steele labored in a...
103. Ute Indian Tribe of the Uintah and Ouray Reservation v. UtahUnited States Court of Appeals, Tenth Circuit. June 16, 2015 790 F.3d 1000 2015 WL 3705904
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NATIVE AMERICANS - Injunction. Preliminary injunction barring tribal member's prosecution in state court waswarranted.
...for Uintah County. Before HARTZ GORSUCH , and MORITZ , Circuit Judges. GORSUCH , Circuit Judge. In our layeredsystem of trial and appellate...
104. Kay Elec. Co-op. v. City of Newkirk, Okla.United States Court of Appeals, Tenth Circuit. July 29, 2011 647 F.3d 1039 2011 WL 3211507
ANTITRUST - State Action. Municipality did not enjoy any federal antitrust “immunity” in provision of electricityservices.
...Curiae. Before MURPHY GORSUCH , and SCOTT M. MATHESON , Circuit Judges. GORSUCH , Circuit Judge. When acity acts as a market participant...
105. Bustos v. A & E Television NetworksUnited States Court of Appeals, Tenth Circuit. July 19, 2011 646 F.3d 762 2011 WL 2816869
TORTS - Defamation. Under Colorado law, statement that inmate was a member of the Aryan Brotherhoodprison gang was not materially false.
...Appellee. Before MURPHY GORSUCH , and SCOTT M. MATHESON , Circuit Judges. GORSUCH , Circuit Judge. Can youwin damages in a defamation suit...
106. U.S. v. SotoUnited States Court of Appeals, Tenth Circuit. November 08, 2011 660 F.3d 1264 2011 WL 5346068
CRIMINAL JUSTICE - Pleas. Refusing motion to withdraw guilty plea based on false claim that it wasunknowing or involuntary was within court's discretion.
...for Plaintiff–Appellee. Before GORSUCH HOLLOWAY , and McKAY , Circuit Judges. GORSUCH , Circuit Judge. Must adistrict court allow a defendant to...
107. Wackerly v. WorkmanUnited States Court of Appeals, Tenth Circuit. September 15, 2009 580 F.3d 1171 2009 WL 2940045
CRIMINAL JUSTICE - Counsel. Defense counsel's allegedly deficient performance during sentencing did notconstitute ineffective assistance.
...for Respondent-Appellee. Before LUCERO TYMKOVICH , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Thiscase arises out of a 1996 crime...
108. MHC Mut. Conversion Fund, L.P. v. Sandler O'Neill & Partners, L.P.United States Court of Appeals, Tenth Circuit. August 01, 2014 761 F.3d 1109 2014 WL 3765717
SECURITIES REGULATION - Registration and Disclosure. Shareholders failed to adequately allege there wasno objectively reasonable basis for opinion in offering statement.
...Crowe Horwath LLP. Before GORSUCH BALDOCK , and BACHARACH , Circuit Judges. GORSUCH , Circuit Judge. Whendoes section 11 of the Securities Act...
109. U.S. v. Esquivel-RiosUnited States Court of Appeals, Tenth Circuit. August 02, 2013 725 F.3d 1231 2013 WL 3958372
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CRIMINAL JUSTICE - Searches and Seizures. District court did not consider all relevant circumstances whenconsidering reliability of computer database.
...for Plaintiff–Appellee. Before HARTZ BALDOCK , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Garbage in,garbage out. Everyone knows that much...
110. U.S. v. SmithUnited States Court of Appeals, Tenth Circuit. June 30, 2014 756 F.3d 1179 2014 WL 2922703
CRIMINAL JUSTICE - Sentencing. Court can consider firearms sentence when sentencing for underlying crimeof violence.
...for Plaintiff–Appellee. Before LUCERO GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. Must asentencing court studiously ignore one of...
111. Browder v. City of AlbuquerqueUnited States Court of Appeals, Tenth Circuit. June 02, 2015 787 F.3d 1076 2015 WL 3462180
Background: Injured occupant of motor vehicle and estate of deceased occupant brought §1983 action againstcity and police officer, after occupants' vehicle was struck by police cruiser driven by officer. The United StatesDistrict Court for the District of New Mexico denied officer's motion to dismiss on grounds of qualified...
...brief), for Appellees. Before TYMKOVICH GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. AdamCasaus was going nowhere fast. After finishing...
112. In re Renewable Energy Development Corp.United States Court of Appeals, Tenth Circuit. July 10, 2015 792 F.3d 1274 2015 WL 4153631
BANKRUPTCY - Jurisdiction. Claims brought against Chapter 7 trustee and his law firm triggered theprotections of Article III.
...Party Defendants–Appellees. Before TYMKOVICH GORSUCH , and PHILLIPS , Circuit Judges. GORSUCH , Circuit Judge.This case has but little to do with...
113. U.S. v. HernandezUnited States Court of Appeals, Tenth Circuit. August 23, 2011 655 F.3d 1193 2011 WL 3673042
CRIMINAL JUSTICE - Sentencing. District court had authority to impose 18-month term of imprisonment onfourth revocation of defendant's supervised release
...Appellee. Before GORSUCH HOLLOWAY , and SCOTT M. MATHESON , Circuit Judges. GORSUCH , Circuit Judge. BriceHernandez claims that he is stuck in...
114. U.S. v. Rendon-AlamoUnited States Court of Appeals, Tenth Circuit. October 19, 2010 621 F.3d 1307 2010 WL 4069362
CRIMINAL JUSTICE - Sentencing. The sentence imposed for a prior conviction included both the originalsentence and the probation revocation sentence.
...for Plaintiff-Appellee. Before MURPHY GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. Whencalculating the applicable, albeit advisory, Guidelines sentence...
115. Niemi v. LasshoferUnited States Court of Appeals, Tenth Circuit. September 06, 2013 728 F.3d 1252 2013 WL 4767016
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BUSINESS ORGANIZATIONS - Shareholders. Investors lacked standing to sue for injuries to corporation.
...for Plaintiffs–Appellees. Before TYMKOVICH GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. Anunconventional real estate financing scheme presents us...
116. U.S. v. ShippleyUnited States Court of Appeals, Tenth Circuit. August 14, 2012 690 F.3d 1192 2012 WL 3292413
CRIMINAL JUSTICE - Jury. Court properly ordered further deliberations after jury returned inconsistent verdictforms.
...Appellee. Before GORSUCH ANDERSON , and SCOTT M. MATHESON , Circuit Judges. GORSUCH , Circuit Judge.Anthony Shippley served as the “Sergeant at Arms...
117. Storagecraft Technology Corp. v. KirbyUnited States Court of Appeals, Tenth Circuit. March 11, 2014 744 F.3d 1183 2014 WL 929159
COMMERCIAL LAW - Trade Secrets. Computer software company was not precluded from seeking“reasonable royalty” damages under Utah's Uniform Trade Secrets Act in action alleging trade secretmisappropriation.
...for Plaintiff–Appellee. Before TYMKOVICH SEYMOUR , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. JamesKirby says the jury's award against him...
118. Garcia-Carbajal v. HolderUnited States Court of Appeals, Tenth Circuit. November 05, 2010 625 F.3d 1233 2010 WL 4367060
IMMIGRATION - Jurisdiction. BIA did not sua sponte decide alien's claim as would excuse his failure to exhaustthat claim.
...Arguello District Court Judge, District of Colorado, sitting by designation. GORSUCH , Circuit Judge. [1] [2] Alonso Garcia-Carbajal seeks to challenge...
119. Energy and Environment Legal Institute v. EpelUnited States Court of Appeals, Tenth Circuit. July 13, 2015 793 F.3d 1169 2015 WL 4174876
ENERGY AND UTILITIES - Electricity. Colorado's renewable energy statute did not violate dormant CommerceClause.
...Defendants Intervenors–Appellees. Before TYMKOVICH EBEL , and GORSUCH , Circuit Judges. GORSUCH , CircuitJudge. Can Colorado's renewable energy mandate survive an encounter...
120. U.S. v. MakkarUnited States Court of Appeals, Tenth Circuit. November 23, 2015 810 F.3d 1139 2015 WL 7422599
CRIMINAL JUSTICE - Drugs. District court erred in instructing jury as to mens rea element of conviction forviolating Controlled Substance Analogue Enforcement Act.
...Appellee. Before TYMKOVICH , Chief Judge, GORSUCH and McHUGH , Circuit Judges. GORSUCH , Circuit Judge. IqbalMakkar and Gaurav Sehgal ran the “Gitter...
121. Omar-Muhammad v. WilliamsUnited States Court of Appeals, Tenth Circuit. April 25, 2007 484 F.3d 1262 2007 WL 1207072
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CRIMINAL JUSTICE - Habeas Corpus. District Court's interpretation of tolling period under AEDPA was notunreasonable or contrary to law.
...GORSUCH , Circuit Judges. ORDER DENYING CERTIFICATE OF APPEALABILITY NEIL M. GORSUCH , Circuit Judge.Petitioner–Appellant Ibn Omar–Muhammad seeks a certificate...
122. Entek GRB, LLC v. Stull Ranches, LLCUnited States Court of Appeals, Tenth Circuit. August 14, 2014 763 F.3d 1252 2014 WL 3953773
REAL PROPERTY - Mineral Rights and Interests. Federal government's reservation of rights permitted federalmineral lessee to cross surface estate to access adjacent well.
...Western Energy Alliance. Before GORSUCH BALDOCK , and BACHARACH , Circuit Judges. GORSUCH , Circuit Judge.When you own property in the West you...
123. Regional Air, Inc. v. Canal Ins. Co.United States Court of Appeals, Tenth Circuit. February 15, 2011 639 F.3d 1229 2011 WL 536553
Background: After automobile insurer paid insured for an insurance loss following trial, the United States DistrictCourt for the Western District of Oklahoma awarded insured attorney fees as the “prevailing party,” and bothsides appealed. Holdings: The Court of Appeals, Gorsuch, Circuit Judge, held that:...
...to the original filing date, is attached to this order. GORSUCH , Circuit Judge. Sometimes litigation takes so many twists andturns...
124. Madron v. AstrueUnited States Court of Appeals, Tenth Circuit. February 04, 2011 646 F.3d 1255 2011 WL 905433
GOVERNMENT - United States. Social security disability claimant was not entitled to attorneys fees andexpenses under EAJA.
...nunc pro tunc to its original filing date, is attached. GORSUCH , Circuit Judge. Citing back pain and respiratory problems,Suzan Madron...
125. McClendon v. City of AlbuquerqueUnited States Court of Appeals, Tenth Circuit. January 12, 2011 630 F.3d 1288 2011 WL 94536
LITIGATION - Appeals. Order withdrawing approval of class action settlement agreement was not “finaldecision” subject to appeal.
...Arguello District Court Judge, District of Colorado, sitting by designation. GORSUCH , Circuit Judge. This is the latestinstallment in a long...
126. George v. U.S.United States Court of Appeals, Tenth Circuit. March 05, 2012 672 F.3d 942 2012 WL 689271
REAL PROPERTY - Limitations. Property owner's action against Forest Service under Quiet Title Act wasuntimely.
...for Defendants–Appellees. Before MURPHY HOLLOWAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.Anne George wants to fence her property and...
127. Teamsters Local Union No. 455 v. N.L.R.B.United States Court of Appeals, Tenth Circuit. August 27, 2014 765 F.3d 1198 2014 WL 4214920
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LABOR AND EMPLOYMENT - Collective Bargaining. Substantial evidence supported NLRB's decision not toaward additional remedial measures for employer's temporary threat to hire permanent replacements for lockedout employees.
...Intervenor Harborlite Corporation. Before GORSUCH EBEL , and O'BRIEN , Circuit Judges. GORSUCH , Circuit Judge.What happens when company and union can't come...
128. U.S. v. DensonUnited States Court of Appeals, Tenth Circuit. December 30, 2014 775 F.3d 1214 2014 WL 7380656
CRIMINAL JUSTICE - Arrest. Officers executing arrest warrant had probable cause to think defendant wasinside home, giving them authority to enter.
...for Plaintiff–Appellee. Before TYMKOVICH EBEL , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. StevenDenson was on the lam. After his...
129. Cook v. Rockwell Intern. Corp.United States Court of Appeals, Tenth Circuit. June 23, 2015 Nuclear Reg. Rep. P 20,757 790 F.3d 1088
ENVIRONMENTAL LAW - Nuclear Waste. Price–Anderson Act did not preempt property owners' nuisanceclaim against nuclear weapons manufacturing plant operators.
...for Defendants–Appellees. Before GORSUCH PHILLIPS , and MORITZ , Circuit Judges. GORSUCH , Circuit Judge.Harnessing nuclear energy is a delicate business. So...
130. U.S. v. FraserUnited States Court of Appeals, Tenth Circuit. August 02, 2011 647 F.3d 1242 2011 WL 3276238
CRIMINAL JUSTICE - Necessity. Defendant did not lack reasonable lawful alternative to taking possession offirearm, as required to establish necessity defense.
...Appellee. Before GORSUCH HOLLOWAY , and SCOTT M. MATHESON , Circuit Judges. GORSUCH , Circuit Judge.James Fraser shot and killed Milton Brown. That...
131. Iliev v. HolderUnited States Court of Appeals, Tenth Circuit. July 19, 2010 613 F.3d 1019 2010 WL 2802819
IMMIGRATION - Status Adjustment. Court of Appeals lacked jurisdiction to review determination that alien wasineligible for a hardship waiver.
...D.C., for Respondent. Before HARTZ GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. Ilia Iliev, acitizen of Bulgaria, asks us...
132. Laborers' Intern. Union of North America, Local 578 v. N.L.R.B.United States Court of Appeals, Tenth Circuit. February 02, 2010 594 F.3d 732 2010 WL 348036
LABOR AND EMPLOYMENT - Unfair Labor Practices. Substantial evidence supported NLRB decision thatunion violated prohibition on coercing employees.
...Respondent/Cross–Petitioner. Before GORSUCH McKAY , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. Inthis case, the National Labor Relations Board...
133. Jensen v. Solvay Chemicals, Inc.United States Court of Appeals, Tenth Circuit. July 02, 2013 721 F.3d 1180 2013 WL 3306356
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LABOR AND EMPLOYMENT - Benefit Plans. Participants were not entitled to estoppel for violation of ERISAprovision requiring a summary of all material modifications to a plan.
...for Defendants–Appellees. Before KELLY MURPHY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Solvaycould never be sure just how much...
134. Scherer v. U.S. Forest ServiceUnited States Court of Appeals, Tenth Circuit. August 09, 2011 653 F.3d 1241 2011 WL 3455821
ENVIRONMENTAL LAW - Parks. Implementation plan was within the scope of the Forest Service's authorityunder Federal Lands Recreation Enhancement Act.
...for Defendants–Appellees. Before HARTZ McKAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Everyoneenjoys a trip to the mountains in...
135. U.S. v. MartinezUnited States Court of Appeals, Tenth Circuit. March 03, 2008 518 F.3d 763 2008 WL 554812
CRIMINAL JUSTICE - Investigatory Stop. State's motor vehicle reciprocity statute did not render unreasonableticketing of driver for non-display of rear plate.
...for Plaintiff–Appellee. Before TACHA ANDERSON , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. Trafficstops based on allegedly defective temporary vehicle...
136. U.S. v. PooleUnited States Court of Appeals, Tenth Circuit. October 31, 2008 545 F.3d 916 2008 WL 4756164
CRIMINAL JUSTICE - Lesser Included Offenses. The court took sufficient remedial steps when a jury found thedefendant guilty of an offense and a lesser included offense.
...for Plaintiff-Appellee. Before KELLY McCONNELL , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. John Pooleappeals his conviction for assault resulting...
137. Myers v. Knight Protective Service, Inc.United States Court of Appeals, Tenth Circuit. December 22, 2014 774 F.3d 1246 2014 WL 7240089
LABOR AND EMPLOYMENT - Discrimination. Employee failed to show that he was qualified for his job, asrequired for his disability discrimination claims.
...Appellee William Thompson. Before GORSUCH O'BRIEN and PHILLIPS , Circuit Judges. GORSUCH , Circuit Judge. AfterAlphonso Myers suffered a workplace injury, he...
138. U.S. v. HarrisUnited States Court of Appeals, Tenth Circuit. November 15, 2013 735 F.3d 1187 2013 WL 6038266
CRIMINAL JUSTICE - Searches and Seizures. Officers had probable cause to search defendant's automobileshop for evidence for murder-for-hire case against conspirator.
...Appellee. Before BRISCOE , Chief Judge, KELLY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. GermainHarris's legal troubles had their start in...
139. Monfore v. PhillipsUnited States Court of Appeals, Tenth Circuit. February 10, 2015 778 F.3d 849 2015 WL 534774
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HEALTH - Malpractice. Court did not abuse discretion in denying request to amend final pretrial order to assertcontributory negligence defense.
...for Plaintiff–Appellee. Before GORSUCH MURPHY , and MORITZ , Circuit Judges. GORSUCH , Circuit Judge. ShermanShatwell went to the hospital complaining of...
140. Fletcher v. U.S.United States Court of Appeals, Tenth Circuit. September 17, 2013 730 F.3d 1206 2013 WL 5184985
NATIVE AMERICANS - Oil and Gas. Federal government a duty to provide accounting to tribal members ofroyalty income from oil and gas reserves held in trust.
...for Defendants–Appellees. Before TYMKOVICH ANDERSON , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.After settlers displaced the Osage Nation from its...
141. Eizember v. TrammellUnited States Court of Appeals, Tenth Circuit. September 15, 2015 803 F.3d 1129 2015 WL 5332960
CRIMINAL JUSTICE - Habeas Corpus. Failure to correct confusion about parole eligibility did not warranthabeas relief.
...Appellee. Before BRISCOE , Chief Judge, GORSUCH and McHUGH , Circuit Judges. GORSUCH , Circuit Judge. ScottEizember left a Tulsa jail intent on...
142. Western World Ins. Co. v. Markel American Ins. Co.United States Court of Appeals, Tenth Circuit. May 08, 2012 677 F.3d 1266 2012 WL 1592970
INSURANCE - Judgment. Fact issue as to whether insured reasonably expected coverage from its CGL co-insurer for negligence claims precluded summary judgment.
...BRISCOE , Chief Judge, GORSUCH and SCOTT M. MATHESON , Circuit Judges. GORSUCH , Circuit Judge. Hauntedhouses may be full of ghosts, goblins...
143. Genova v. Banner HealthUnited States Court of Appeals, Tenth Circuit. August 20, 2013 734 F.3d 1095 2013 WL 4419326
HEALTH - Hospitals. Doctor could not assert EMTALA claim for hospital allegedly terminating him for reportingovercrowding in emergency room.
...of Emergency Medicine. Before TYMKOVICH HOLLOWAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.When holding a hammer, every problem can seem...
144. Johnson v. Liberty Mut. Fire Ins. Co.United States Court of Appeals, Tenth Circuit. August 17, 2011 648 F.3d 1162 2011 WL 3606637
INSURANCE - Automobile. Automobile insurer had no common law duty to preserve evidence of accident sixyears after closing its claims file.
...for Defendant–Appellee. Before HARTZ McKAY , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. This case isabout a pair of missing...
145. U.S. v. BergmanUnited States Court of Appeals, Tenth Circuit. March 28, 2014 746 F.3d 1128 2014 WL 1259589
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CRIMINAL JUSTICE - Postconviction Relief. Barring of retrial was not appropriate remedy, upon grant of motionto vacate due to denial of right to counsel.
...for Defendant–Appellee. Before KELLY TYMKOVICH , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. GwenBergman thought she had hired a hit...
146. U.S. v. GayUnited States Court of Appeals, Tenth Circuit. December 18, 2007 509 F.3d 1334 2007 WL 4396007
CRIMINAL JUSTICE - Pleas. Defendant's plea of guilty to receipt of child pornography was knowing, intelligent,and voluntarily made.
...R.App. P. 32.1 and 10th Cir. R. 32.1. GORSUCH , Circuit Judge. Galen W. Gay pled guilty to a one...
147. De Niz Robles v. LynchUnited States Court of Appeals, Tenth Circuit. October 20, 2015 803 F.3d 1165 2015 WL 6153073
IMMIGRATION - Status Adjustment. BIA's decision in In re Briones did not apply retroactively to bar alien'sapplication for adjustment of status.
...Respondent. Before TYMKOVICH , Chief Judge, GORSUCH and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. Inour constitutional order legislative enactments normally apply...
148. U.S. v. HuizarUnited States Court of Appeals, Tenth Circuit. July 27, 2012 688 F.3d 1193 2012 WL 3055930
CRIMINAL JUSTICE - Habitual Offenders. It could not be established that defendant's prior California burglarywas “crime of violence” warranting enhanced sentence.
...for Plaintiff–Appellee. Before MURPHY GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. WhenAlfredo Huizar pleaded guilty to reentering the...
149. Smith v. McCordUnited States Court of Appeals, Tenth Circuit. January 29, 2013 707 F.3d 1161 2013 WL 601698
CIVIL RIGHTS - Excessive Force. Counsel's failure to adequately oppose officers' summary judgment motiondid not warrant reversal in arrestee's §1983 suit.
...for Defendants–Appellees. Before TYMKOVICH GORSUCH , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge.This case presents us with an unfortunate tale...
150. A.F. ex rel Christine B. v. Espanola Public SchoolsUnited States Court of Appeals, Tenth Circuit. September 15, 2015 801 F.3d 1245 2015 WL 5333491
EDUCATION - Disabled Students. Settlement after mediation of IDEA claim was not proper administrativeexhaustion prior to filing suit under ADA.
...Appellees. Before BRISCOE , Chief Judge, MURPHY and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. TheIndividuals with Disabilities Education Act requires public...
151. ACAP Financial, Inc. v. U.S. S.E.C.United States Court of Appeals, Tenth Circuit. April 03, 2015 783 F.3d 763 2015 WL 1500531
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SECURITIES REGULATION - Brokers and Dealers. SEC's determination that all-capacity suspension forunlawful trading of unregistered shares was warranted was not arbitrary.
...D.C., for Respondent. Before GORSUCH MURPHY , and MORITZ , Circuit Judges. GORSUCH , Circuit Judge. GreyfieldCapital was a defunct Canadian company. That...
152. U.S. v. HerreraUnited States Court of Appeals, Tenth Circuit. April 06, 2015 782 F.3d 571 2015 WL 1516267
CRIMINAL JUSTICE - Searches and Seizures. District court improperly disregarded virtually everything thatinformant said that was included in warrant application.
...Appeals for the District of Columbia Circuit, sitting by designation. GORSUCH , Circuit Judge. The government wanted awarrant to attach a...
153. U.S. v. BaldwinUnited States Court of Appeals, Tenth Circuit. February 18, 2014 745 F.3d 1027 2014 WL 594036
CRIMINAL JUSTICE - Disorderly Conduct. Trial court was not plainly wrong in failing to impose burden ongovernment of proving posted notice of regulatory crimes.
...for Plaintiff–Appellee. Before GORSUCH ANDERSON , and HOLMES , Circuit Judges. GORSUCH , Circuit Judge. Deep inthe Code of Federal Regulations, in...
154. Wood v. MilyardUnited States Court of Appeals, Tenth Circuit. July 08, 2013 721 F.3d 1190 2013 WL 3369065
CRIMINAL JUSTICE - Double Jeopardy. Double jeopardy prohibited defendant's simultaneous convictions forfirst and second degree murder for death of single victim.
...for Respondents–Appellees. Before HARTZ BALDOCK , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge.Patrick Wood's case has labored its way through...
155. Public Service Co. of New Mexico v. N.L.R.B.United States Court of Appeals, Tenth Circuit. August 28, 2012 692 F.3d 1068 2012 WL 3667435
LABOR AND EMPLOYMENT - Labor Relations Boards. NLRB determination employer was informed aboutrelevance of union's request for information was supported by substantial evidence.
...Board. Before MURPHY GORSUCH , and SCOTT M. MATHESON , Circuit Judges. GORSUCH , Circuit Judge. This casebegan with an angry bill collector...
156. Walton v. PowellUnited States Court of Appeals, Tenth Circuit. April 19, 2016 821 F.3d 1204 2016 WL 1566692
LABOR AND EMPLOYMENT - Discrimination. McDonnell Douglas burden-shifting framework did not apply tostate agency employee's §1983 claim for retaliation based on political association.
...for Plaintiff–Appellee. Before GORSUCH MURPHY , and MORITZ , Circuit Judges. GORSUCH , Circuit Judge. Sometimeswe face questions of procedure; sometimes we...
157. U.S. v. RochinUnited States Court of Appeals, Tenth Circuit. December 13, 2011 662 F.3d 1272 2011 WL 6160499
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CRIMINAL JUSTICE - Searches and Seizures. Officer did not exceed the scope of a permissible protective friskwhen he removed objects from defendant's trouser pockets.
...the Plaintiff–Appellee. Before KELLY O'BRIEN , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. No one likesbeing pulled over for a...
158. Feinberg v. C.I.R.United States Court of Appeals, Tenth Circuit. December 18, 2015 808 F.3d 813 2015 WL 9244893
TAXATION - Drugs and Narcotics. Owners of marijuana dispensary were not entitled to writ of mandamusregarding invocation of Fifth Amendment right to avoid discovery of business.
...D.C., for Respondent. Before GORSUCH HOLMES , and MORITZ , Circuit Judges. GORSUCH , Circuit Judge. This caseowes its genesis to the mixed...
159. United States v. AckermanUnited States Court of Appeals, Tenth Circuit. August 05, 2016 831 F.3d 1292 2016 WL 4158217
CRIMINAL JUSTICE - Searches and Seizures. Organization was a government entity for purpose ofdetermining whether its search of defendant's e-mail violated Fourth Amendment.
...of Plaintiff-Appellee. Before HARTZ , GORSUCH, and PHILLIPS, Circuit Judges. GORSUCH , Circuit Judge, delivered theopinion of the Court, in which...
160. Stewart Title Guar. Co. v. DudeUnited States Court of Appeals, Tenth Circuit. February 26, 2013 708 F.3d 1191 2013 WL 677220
INSURANCE - Title. Sufficient evidence supported jury's verdict on title insurer's fraudulent misrepresentationsclaim against vendor of home.
...BRISCOE , Chief Judge, GORSUCH , and SCOTT M. MATHESON , Circuit Judges. GORSUCH , Circuit Judge. HaraldDude's real estate dealings began breaking bad...
161. U.S. v. LivesayUnited States Court of Appeals, Tenth Circuit. March 16, 2010 600 F.3d 1248 2010 WL 918067
HEALTH - Mental Health. District Court was not authorized to afford insanity acquittee a pre-commitmentconditional release.
...for Plaintiff–Appellee. Before HARTZ SEYMOUR , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. At his trialon gun charges, a jury...
162. Gutierrez-Brizuela v. LynchUnited States Court of Appeals, Tenth Circuit. August 23, 2016 834 F.3d 1142 2016 WL 4436309
IMMIGRATION - Status Adjustment. BIA's decision in In re Briones did not apply retroactively to bar alien'sapplication for adjustment of status.
...D.C., for Respondent. Before GORSUCH , McKAY, and BACHARACH, Circuit Judges. GORSUCH , Circuit Judge. [1] Werecently confronted the thorny problem what...
163. David v. Sirius Computer Solutions, Inc.United States Court of Appeals, Tenth Circuit. March 10, 2015 779 F.3d 1209 2015 WL 1020320
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TORTS - Damages. Employee was entitled to prejudgment interest on $231,665 damages award on hernegligent misrepresentation claim against employer.
...for Defendant–Appellee. Before TYMKOVICH GORSUCH , and BACHARACH , Circuit Judges. GORSUCH , Circuit Judge.Diane David sold computer equipment and she was...
164. Espinoza v. Arkansas Valley Adventures, LLCUnited States Court of Appeals, Tenth Circuit. January 05, 2016 809 F.3d 1150 2016 WL 53808
TORTS - Public Amusements and Entertainment. Release purporting to release rafting company fromnegligence claims did not violate public policy.
...of Plaintiff–Appellant. Before KELLY HARTZ , and GORSUCH , Circuit Judges. GORSUCH , Circuit Judge. This case arisesfrom a summer rafting trip...
165. Caring Hearts Personal Home Services, Inc. v. BurwellUnited States Court of Appeals, Tenth Circuit. May 31, 2016 824 F.3d 968 2016 WL 3064870
HEALTH - Medicare. Agency applied wrong law when it denied Medicare coverage for home health servicesprovider's patients that it determined were not homebound.
...for Defendant–Appellee. Before LUCERO , HARTZ, and GORSUCH, Circuit Judges. GORSUCH , Circuit Judge. [1]Executive agencies today are permitted not only...
166. U.S. v. Banuelos-BarrazaUnited States Court of Appeals, Tenth Circuit. April 07, 2011 639 F.3d 1262 2011 WL 1319018
The order and judgment filed March 31, 2011, has been amended. The amended order and judgment, filednunc pro tunc to the original filing date, is attached to this order. Eduardo Banuelos–Barraza pleaded guilty toone count of possession of cocaine with intent to distribute and one count of reentering as a previously removedalien....
...32.1 and 10th Cir. R. 32.1. NEIL M. GORSUCH , Circuit Judge. Eduardo Banuelos–Barraza pleaded guilty to one count...
167. Ute Indian Tribe of the Uintah v. MytonUnited States Court of Appeals, Tenth Circuit. August 29, 2016 835 F.3d 1255 2016 WL 4502057
NATIVE AMERICANS - Judgment. Issue preclusion barred relitigation of whether parcel of land within city wasIndian country.
...forthwith and nunc pro tunc to the original filing date. GORSUCH , Circuit Judge. We're beginning to think we have aninkling...
168. El Encanto, Inc. v. Hatch Chile Company, Inc.United States Court of Appeals, Tenth Circuit. June 17, 2016 825 F.3d 1161 2016 WL 3361487
Background: Trademark applicant moved to quash subpoena filed by chili pepper producer in proceeding beforeTrademark Trial and Appeal Board in which producer objected to applicant's trademark application on basisthat name referred to a place and because applicant used it in a misleading manner. The United States DistrictCourt for the...
...for Respondents–Appellees. Before GORSUCH , EBEL, and BACHARACH, Circuit Judges. GORSUCH , Circuit Judge. TheHatch Valley may be to chiles what...
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169. Montano-Vega v. HolderUnited States Court of Appeals, Tenth Circuit. July 01, 2013 721 F.3d 1175 2013 WL 3285584
IMMIGRATION - Appeals. Regulation providing authority for deeming appeal abandoned could not beinvalidated on policy argument.
...REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS GORSUCH , Circuit Judge. Arturo Montano–Vegaadmits he was in this...
170. Lexington Insurance Company v. Precision Drilling Company, L.P.United States Court of Appeals, Tenth Circuit. July 26, 2016 830 F.3d 1219 2016 WL 3999896
INSURANCE - Liability. Wyoming statute prohibiting oil and gas companies from contractually shifting liabilitydid not bar oil rig owner's claim under liability policy.
...for Plaintiff–Appellee. Before GORSUCH , BACHARACH, and McHUGH, Circuit Judges. GORSUCH , Circuit Judge. Yearsago, Darrell Jent suffered serious injuries while...
171. Entek GRB, LLC v. Stull Ranches, LLCUnited States Court of Appeals, Tenth Circuit. November 08, 2016 840 F.3d 1239 2016 WL 6595897
ENERGY AND UTILITIES - Mining. Law of the case doctrine precluded court's reconsideration of a federalmining lessee's rights to access certain land.
...for Plaintiff–Appellee. Before KELLY , BRISCOE, and GORSUCH, Circuit Judges. GORSUCH , Circuit Judge. [1] Law of thecase doctrine permits a...
172. United States v. HenryUnited States Court of Appeals, Tenth Circuit. October 25, 2016 839 F.3d 1271 2016 WL 6211808
CRIMINAL JUSTICE - Sentencing. Admission of out-of-court statements at supervised release revocationhearing did not violate due process.
...for Plaintiff–Appellee. Before GORSUCH BALDOCK , and PHILLIPS , Circuit Judges. GORSUCH , Circuit Judge. Whatbegan as a fight at a strip...
173. McNeill v. United StatesUnited States Court of Appeals, Tenth Circuit. September 06, 2016 836 F.3d 1282 2016 WL 4611046
TAXATION - Additions to Tax. Adverse decision in TEFRA partnership proceeding does not prevent partnerfrom pursuing reasonable cause/good faith defense in partner proceedings.
...for Respondent-Appellee. Before LUCERO GORSUCH , and PHILLIPS , Circuit Judges. GORSUCH , Circuit Judge. Aftercommanding an attack submarine and eventually retiring...
174. Hammond v. Stamps.com, Inc.United States Court of Appeals, Tenth Circuit. December 20, 2016 844 F.3d 909 2016 WL 7367770
LITIGATION - Removal. Minimum amount for removal under CAFA was met in consumer's class action againstonline seller of postage stamps.
...for Plaintiff–Appellee. Before KELLY , GORSUCH, and McHUGH, Circuit Judges. GORSUCH , Circuit Judge. The ClassAction Fairness Act promises a federal...
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175. Ute Indian Tribe of the Uintah and Ouray Reservation v. MytonUnited States Court of Appeals, Tenth Circuit. August 09, 2016 832 F.3d 1220 2016 WL 4191388
NATIVE AMERICANS - Lands. Doctrine of issue preclusion barred relitigation of whether parcel of land withincity qualified as Indian country.
...of Defendant–Appellee. Before GORSUCH PHILLIPS , and MORITZ , Circuit Judges. GORSUCH , Circuit Judge. We'rebeginning to think we have an inkling...
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