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Americans With Disabilities Act

13 July 2017

10th Circuit holds tribal court has colorable jurisdiction over trespass claim against Utah police officers and affirms rejection of disability and genetic information discrimination claims.


by William Gaskill

28 April 2017

10th Circuit affirms denial of reduced sentence motion; holds suit against a bankruptcy trustee and their attorneys require leave of court; affirms attempted child exploitation conviction and sentence; rejects claim of prosecutorial vindictiveness; rejects argument that district courts must provide an explanation of why a motion to reduce sentence was granted; affirms dismissal with prejudice of claims based on violations of a predecessor in interest’s rights; finds jurisdiction to consider sentence reduction motion where plea agreement set out a guideline range; affirms an Indian tribe trust fund accounting order; affirms arbitration compulsion order; and rejects considered as disabled claim.


by William Gaskill

24 February 2017

10th Circuit reinstates part of disability discrimination case and limits judicial reliability assessment of in court eyewitness identifications to situations involving improper law enforcement conduct.


by William Gaskill

19 January 2017

10th Circuit affirms rejection of disability discrimination claim; reaffirms that Congress can criminalize intrastate child pornography production; approves a division of liability between two insurers of the same fire damaged building; and holds a certain part of Wasatch County, Utah is not Indian country.


by William Gaskill

28 July 2016

10th Circuit upholds qualified immunity for arresting student who fake burped in class; rejects constitutional claims in zoning case; rejects speedy trial claim; reinstated disabilities retaliation claim; affirms liability judgment in oil and gas lease case; rejects two separate title insurance claims; and reinstates an insurance coverage case.


by William Gaskill

13 July 2016

10th Circuit orders Utah to resume payments to Planned Parenthood of Utah; affirms defense verdict is design defect case; affirms summary judgment in one Americans with Disabilities Act claim; holds plasma donation centers are subject to the Americans with Disabilities Act; affirms a fine; holds mistrial was properly denied in public corruption case; and hoods a Fair Credit Reporting Act reinvestigation was reasonable.


by William Gaskill

26 May 2016

10th Circuit upholds rejection of Americans with Disabilities Act claim despite the district court failing to apply currently applicable law and holds state child pornography convictions trigger enhanced federal sentences when the state’s law cover more images than federal law does.


by William Gaskill

19 February 2016

10th Circuit rejects disability discrimination claims in case where autistic child was handcuffed to chair.


by William Gaskill

26 January 2016

10th Circuit affirms qualified immunity for state officials who seized a bank and holds not paying Medicaid recipients attendants for driving her to medical appointments is not disability discrimination.


by William Gaskill

30 November 2015

10th Circuit affirms computer theft sentence and rejects claim an arrest violated the Americans with Disabilities Act.


by William Gaskill

25 November 2015

Utah Supreme Court holds Americans with Disabilities Act applies to family reunification services.


by William Gaskill

24 August 2015

10th Circuit remands claim of deaf applicant for plasma donor monitor for jury trial and affirmed denial of qualified immunity in 1983 wrongful death suit.


by William Gaskill

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