rehabilitation act – Binding the Law

19 September 2017

10th Circuit holds rejecting certain plea agreements for too lenient sentence does not constitute improper judicial participation in plea negotiation; allows rehabilitation Act claim to proceed; reduces natural gas condemnation award; affirms rejection of Title IX claim; rejects challenge to the admission of other bad acts evidence; finds agency coal lease decision documents arbitrary and capricious, but, does not vacate the leases; and hoods substitution of nonparties as qui tam plaintiffs requires dismissal of the qui tam claim.

by William Gaskill

19 June 2015

10th Circuit holds accepting federal monies for part of a state department waives 11th Amendment immunity to Rehabilitation Act suit for entire department.

by William Gaskill

16 June 2015

10th Circuit tells Utah and its counties to accept that it lost the battle over where Indian country is in certain parts of the state and stop prosecuting crimes committed in those lands by Indians and holds states do not waive sovereign immunity against Americans with Disabilities Act claims by accepting money under the Rehabilitation Act.

by William Gaskill