22 May 2018

10th circuit affirms dismissal sanction for pre-litigation conduct; rejects attempt to vacate enhanced sentence; affirmed denial of a motion to suppress; rejects contract clause and preemption claims in garbage transport case; reinstates pregnancy discrimination claim; and clarifies when a hearing is required when defendant moves to get seized assets back.

by William Gaskill

3 November 2017

10th Circuit reinstates some claims in drug failure to warn case; reverses the issuance of a preliminary injunction; vacates enhanced sentence in felon in possession case; reinstates computer code misappropriation claim; rejects constitutional challenge to warrantless searches of prescription drug records database; affirms distribution order in a bankruptcy case; affirms nursing home abuse judgment; and vacates life sentence in drug conspiracy case.

by William Gaskill

11 September 2017

10th Circuit holds EEOC case against employer is not moot; that New Mexico regulatory actions against vendors doing business with tribal gambling entities are not preempted by Indian Gaming regulatory Act; holds gathering of data about natural resources while on public land is protected by the First Amendment; and holds immigration appeals board lacked any factual or legal basis to deny motion to reopen asylum application.

by William Gaskill

24 August 2017

10th Circuit holds Wyoming’s workers compensation medivac payment schedule is preempted by federal law and affirms denial of a motion to suppress.

by William Gaskill

3 July 2017

10th Circuit holds attorney fee calculation in diversity common fund cases is controlled by state law; affirms dismissal of challenge to state attorney discipline decision; and rejects challenge to Kansas regulation requiring certain applications of termite pesticide.

by William Gaskill

30 May 2017

United States Supreme Court holds military disability benefits awarded after a divorce decree are not subject to division; holds venue for corporate defendants in patent infringement cases is where the corporation is incorporated; and rejects the 9th Circuit’s provocation rule in excessive force claims.

by William Gaskill

12 May 2017

United States Supreme Court holds sentencing court may consider effect of mandatory gun minimum sentences when imposing the total sentence; holds that district court EEOC subpoena decisions are to be reviewed for abuse of discretion; holds federal employee benefit law preempted Missouri’s ban on subrogation and reimbursement in health insurance policies; limits attorney fee awards for misconduct under federal court inherent authority to fees incurred because of the misconduct; and holds a separate notice of appeal is required for review of a criminal restitution order entered after the initial sentence is imposed.

by William Gaskill

9 December 2016

10th Circuit allows 1983 action against warden to proceed and holds New Mexico counties cannot remove trees from federal forests to prevent fires without federal permission.

by William Gaskill

7 June 2016

10th Circuit holds New Mexico ethics rule on issuing subpoenas to attorneys for information about clients preempted as to federal prosecutors’ grand jury practice and affirmed an enhanced sentence.

by William Gaskill

19 April 2016

The United States Supreme Court requires Nevada to apply its damages cap to claims against California tax authorities and holds a Maryland program to encourage new power plants preempted by Federal Power Act.

by William Gaskill

30 October 2015

10th Circuit holds federal common law preempts state law bans on health insurance subrogation or reimbursement claims involving federal employees.

by William Gaskill

23 June 2015

10th Circuit holds federal nuclear disaster statute does not preempt state tort remedies; affirms mortgage fraud convictions and sentences; affirms drug convictions and sentences; and holds fraud on the court and actual innocence claims subject to ADEPA and a motion for relief precludes sua sponte action by district court on those kinds of claims.

by William Gaskill