forfeited arguements – Binding the Law

8 November 2016

10th Circuit holds mining right party’s arguments were barred by law of the case or forfeited and revised opinion in FOIA case on rehearing.

by William Gaskill

1 October 2015

Utah Supreme Court holds defendants bear burden of proving prejudice when raising unpreserved claim of federal constitutional error.

by William Gaskill

25 August 2015

10th Circuit retains any benefit standard to evaluate substantive claims under the individuals with disabilities education Act; holds Oklahoma’s discretionary life sentence scheme for minor murders is constitutional; holds failure to prove causation means product liability case fails; and holds excess insurer had no duty to initiate settlement before primary insurance was exhausted; and affirms illegal hunting convictions and sentence.

by William Gaskill

28 April 2015

10th Circuit holds class certification arguments forfeited and rejects a criminal restitution award as an unlawful windfall.

by William Gaskill