13 August 2018

10th Circuit rejects state court jurisdiction over Indian casino slip and fall claim; remanded of motion to dismiss indictment for analysis under correct legal standard; reinstates First Amendment retaliation claim in part; affirms summary judgment in whistle-blower case; affirms Clean Air Act abatement plan approval; reinstates claim for punitive damages against judge in sexual harassment case; affirms judgment to insurer in breach of contract/bad faith case; affirms sex trafficking conviction; and affirms dismissal of securities fraud claims.

by William Gaskill

29 June 2018

United States Supreme Court holds foreign sales damages are available in certain patent infringement cases; holds stock options are not taxable money compensation for railroad retirement purposes; reverses a racial gerrymandering order in part; summarily reverses grant of habeas relief; and summarily remands qualified immunity case or further analysis.

by William Gaskill

12 June 2018

10th Circuit reverses denial of qualified immunity motion.

by William Gaskill

9 May 2018

10th Circuit holds enhanced arson sentencing statute’s residual clause unconstitutionally vague; affirms felon in possession and related convictions; grants several defendants qualified immunity in a foster case abuse case; and holds certain Oklahoma burglary convictions are not crimes of violence for enhanced criminal sentencing purposes.

by William Gaskill

25 April 2018

10th Circuit affirms dismissal of 1983 action involving overdetention before pretrial release and affirms an enhanced sentence.

by William Gaskill

11 April 2018

10th Circuit holds defendants can bring multiple motions to reduce sentence under a single guideline amendment; affirms exclusion of expert testimony; and reverses an excessive force qualified immunity judgment in part.

by William Gaskill

5 April 2018

10th Circuit reveres grants of qualified immunity in part and holds the Creek Reservation has not been disestablished and a murder conviction and death sentence must therefore be set aside for lack of state court subject matter jurisdiction.

by William Gaskill

2 April 2018

United States Supreme Court holds auto dealership service advisors are exempt form overtime pay requirements and summarily reverses denial of qualified immunity motion.

by William Gaskill

13 March 2018

10th Circuit holds New Mexico’s anti-SLAPP statute is procedural and thus does not apply in federal diversity suits and affirms denial of a qualified immunity motion.

by William Gaskill

9 March 2018

10th Circuit affirms disgorgement order; affirms rejection of claims against ski resort for injuries from ski accident; affirms rejection of attack on an enhanced sentence; affirms denial of motion of suppress; reverses denial of qualified immunity in First Amendment retaliation case; and affirms drug and other convictions.

by William Gaskill

23 February 2018

10th Circuit affirms summary judgement rejecting negligent entrustment of a car claim; holds property damage by subcontractors covered under general liability policy; affirms denial of qualified immunity;; holds complaint by credit union for marijuana businesses should be dismissed without prejudice; affirms rejection of claim for defense and indemnity under an insurance policy; reinstates a Sarbanes-Oxley claim; affirms sex offender conditions for supervised release in a gun possession case; affirms rejection of medical indifference claim; and affirms denial of motion concerning a consent decree for lack of standing.

by William Gaskill

9 February 2018

10th Circuit holds reduction of sentence does not restart habeas clock; affirms conviction for interfering with a flight crew; holds challenge to mandatory crime of violence sentencing guideline is untimely; rejects a challenge to black lung survivor benefits; holds arbitration provision in gaming compact unenforceable and orders it severed; and affirms rejection of claims arising from accidental tear gas exposure in a prison.

by William Gaskill