23 March 2018

10th Circuit rejects challenge to Utah’s signature access to primary ballot provisions; affirms rejection of ERISA breach of fiduciary duty claim; affirms remedy order in citizen Clean Water Act suit; and affirms two sanctions orders.

by William Gaskill

5 January 2018

10th Circuit reverses denial of qualified immunity motion; affirms a criminal forfeiture order; affirms denial of spoliation remedy; reverses denial of a motion to suppress; affirms rejection of motion to amend qui tam complaint; affirms drug convictions; affirms reinstatement of disability benefits; and vacates a preliminary injunction.

by William Gaskill

22 December 2017

10th Circuit dismisses appeal as moot; reverses a denial of a motion to suppress evidence; reverses grants of qualified immunity ion inmate on inmate violence case; reverses an enhanced sentence; affirms a different enhanced sentence based on a New Mexico robbery conviction; orders a motion to intervene be granted; affirms denial of two separate habeas petition; affirms dismissal of complaint for lack of personal jurisdiction; and rejects challenge to ERISA’s church plan exemption.

by William Gaskill

23 October 2017

10th Circuit rejects challenge to enhanced felon in possession sentence; reveres calculation of disability benefits as administrator of the policy acted arbitrarily and capriciously; reverses order excluding damages evidence as discovery sanction; and rejects sufficiency of the evidence challenge to bank fraud and identity theft convictions.

by William Gaskill

8 June 2017

United Sates Supreme Court holds securities disgorgement orders are subject to a five-year limitations period; rejects joint and several liability for drug forfeitures; holds interveners must prove standing when seeking relief different from that sought by the plaintiff; holds church affiliated hospital retirement plans do not need to be created by the church to be exempt from ERISA; and vacates order requiring special elections in North Carolina racial gerrymander case.

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

11 July 2016

10th Circuit upholds a restitution award amount and affirms dismissal of ERISA claim.

by William Gaskill

1 March 2016

United States Supreme Court holds state requirements, like Utah’s, for ERISA governed plans to report health insurance claims to state database preempted by ERISA and upholds enhanced child pornography sentence based on past state sex crime with adult victim.

by William Gaskill

20 January 2016

United States Supreme Court holds rejected offer to settle does not moot case; holds there is no need to tell capital sentencing jury that mitigation does not need to be proven beyond a reasonable doubt; and that ERISA plans may not enforce subrogation liens on beneficiaries’ general assets after dissipation of recovery from third party.

by William Gaskill

29 July 2015

10th Circuit upholds decision by ERISA governed plan not to recharacterize early retirement as disability benefits.

by William Gaskill

18 May 2015

United States Supreme court holds Maryland’s failure to give tax credits for income taxes paid on out of state income violates dormant commerce clause; dismissed arrest of mentally ill suspects case for lack of adversarial posture; allows felons to get permission to sell their guns; reminds 9th Circuit to look at law of trusts in ERISA cases; holds wages in trustee’s possession belong to debtor when Chapter 13 case is converted to Chapter 7 case; and holds appeal of dismissal for frivolity does not prevent the dismissal from being a strike and preventing in forma pauperis status for prisoner.

by William Gaskill

24 February 2015

10th Circuit reinstates fiduciary duty claims under ERISA and allows convicted felon to seek waiver of ineligibility to stay in the United States.

by William Gaskill