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sovereign immunity

2 February 2018

10th Circuit affirms wire fraud convictions; reverses order to reimburse Indian housing authorities with future appropriations; and affirms judgments entered in a Kansas mineral rights case.


by William Gaskill

9 November 2017

Utah Supreme Court holds claims against Indian tribal officials must be exhausted in tribal court.


by William Gaskill

1 June 2017

United Sates Supreme Court reversed state court ruling that powers of attorney must specially authorize entry into abortion agreements for such agreements to be valid; holds service of process by mail is allowed under the Hague Service Convention; and rejects sovereign immunity for tribal employee sued in his individual capacity for car crash.


by William Gaskill

7 March 2017

10th Circuit holds municipal ban on providing false information about a person’s identity is not crime involving moral turpitude for immigration purposes; holds claims arising from EPA investigation and raid barred by sovereign immunity; remands wage claim to determine if employee performed enough no-tipped work to trigger minimum wage requirement; and dismisses appeal of denial of reconsideration of qualified immunity defense.


by William Gaskill

17 November 2016

10th Circuit holds forced labor claim barred by sovereign immunity.


by William Gaskill

8 February 2016

Utah Court of Appeals upholds denial of motion for new attorney and issues four other decisions including one where two judges call on the legislature to allow garnishment of debtor property possessed by Utah state government entities and employees.


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

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

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