30 August 2018

United States Supreme Court holds a warrant is required to obtain cell phone location data; holds it has appellate jurisdiction over the courts martial system and rejects a challenge to court martial conviction based on dual office holding by a military appellate judge; rejects a double jeopardy challenge to a felon in possession conviction; rejects antitrust challenge to credit card antisteering provisions; rejects most of a challenge to Texas redistricting plan; rejects challenge to entry ban on certain countries; holds certain crisis pregnancy center disclosures violated the centers’ free speech rights; remands water rights dispute between Georgia and Florida for further proceedings; and overrules precedent to hold compulsory nonmember union fair share fees for public employees are unconstitutional.

by William Gaskill

22 June 2018

United States Supreme Court holds plain error relief should ordinarily be granted for guideline miscalculations; affirms denial of a preliminary injunction is a gerrymandering case; holds a sentence reduction explanation was adequate; and reinstates a First Amendment retaliatory arrest claim.

by William Gaskill

15 June 2018

United States Supreme Court holds Minnesota’s ban on campaign buttons and attire unconstitutional; unsuccessful application for class certification does not toll limitations period for future class action suits, holds foreign government statements about the meaning of their laws are not entailed to dispositive effect; and holds statutes which revoke spousal designation as life insurance beneficiaries does not violate the contracts clause when applied retroactively.

by William Gaskill

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

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

23 June 2017

United States Supreme Court strikes down blanket ban on use of social media by convicted sex offenders; holds filing an admittedly time barred claim in bankruptcy does not violate the Fair Debt Collection Act; holds conviction for illegal procurement of naturalization based on false statements must be based on material statements and causation; and rejects a Brady claim.

by William Gaskill

4 January 2017

10th Circuit holds self-incrimination privilege applies at probable cause hearings; affirms rejection of a First Amendment retaliation claim; holds insured settled claim by unconditional acceptance of voluntary payment of amount found by a statutory appraisal panel; holds there is no expectation of privacy in a backpack you throw on another person’s roof; holds Colorado robberies are violent felonies for career criminal sentencing purposes; and reverses a 33 day time served sentence for a robber of two banks as too short; and partially reverses an attorney fee award

by William Gaskill

26 April 2016

United States Supreme Court holds factual mistake about an employee engaging in protected conduct can provide a basis for a First Amendment retaliation claim.

by William Gaskill

19 April 2016

10th Circuit affirms denial of qualified immunity in a First Amendment retaliation case; holds no state action in snowboard ban at ski area on leased federal land; and holds no standing in challenge to Kansas science standards.

by William Gaskill

2 March 2016

10th Circuit holds no state action means no 1983 claim for malicious prosecution and holds Colorado’s political donation reporting and disclosure requirements unconstitutional as applied to issues committee spending $3,500 in an election cycle.

by William Gaskill

4 February 2016

10th Circuit upholds Colorado’s donor disclosure laws against First Amendment challenge.

by William Gaskill

23 December 2015

10th Circuit upholds qualified immunity when plaintiff wouldn’t give identification at airport checkpoint; reinstates racially hostile work environment claim; holds possessing stolen car in Oklahoma is a crime of moral turpitude for immigration purposes; upholds life sentence in drug case; holds sovereign immunity bars claims by descendants of massacre survivors; and affirms judgment for manufacturer fatal ATV rollover case.

by William Gaskill