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

11 May 2018

10th Circuit affirms dismissal of securities fraud complaint.

by William Gaskill

13 July 2017

United States Supreme Court holds filing a securities class action suit does not toll statute of repose for individual claims; ineffective assistance by appellate counsel cannot provide cause to overcome procedural bar; and holds defendants seeking new trial through claims of ineffective assistance based on failure to object to closed voir dire error must prove prejudice.

by William Gaskill

13 December 2016

10th Circuit affirms denial of preliminary injunction in rapid bus transit case and affirms dismissal of Quiznos securities fraud case.

by William Gaskill

6 July 2016

10th Circuit affirms dismissal of securities fraud claim for lack of scienter and affirms insurance bad faith verdict against insurer.

by William Gaskill

18 May 2016

United States Supreme Court remands challenges to Obamacare contraception mandate; holds federal securities law jurisdiction test is the same as that for general federal question jurisdiction; holds fraudulent transfers are actual fraud for bankruptcy purposes; remands fair credit reporting case to analyze complaint for concrete harm; rejects fair debt collection claim against private attorney collecting debt for Ohio; and summarily reversed 9th Circuit grant of habeas relief.

by William Gaskill

18 August 2015

10th Circuit holds lack of factual support for scienter dooms securities fraud claim; holds conditionally released defendants still under indictment for firearms sentencing purposes; and holds mere use of peer to peer program for child pornography is not enough to prove distribution for something of value.

by William Gaskill

9 April 2015

10th Circuit holds barricading 20 cars in search for armed bank robber reasonable under the circumstances; reinstates securities fraud claim; and limits the federal government to in rem remedy when a boat hits a lock in a navigable river.

by William Gaskill

24 March 2015

United States Supreme Court adopts rule for securities material misrepresentation claims based on statements of opinion and holds trademark administrative rulings can have issue preclusive effects.

by William Gaskill

16 January 2015

10th Circuit reminds attorneys to present Batson evidence during voir dire and issues two other published opinions.

by William Gaskill