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United States Tenth Circuit - March 2008 Opinion Summaries

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Description Date Docket #
Am. Cas. Co. of Reading Pa. v. Health Care Indem., Inc.
United States Tenth Circuit
Contracts, Insurance Law, Professional Malpractice 
In an action between two insurance companies concerning the apportionment of liability for a professional malpractice incident, district court's... 		03/28/2008 06-6277
Biodiversity Conservation Alliance v. Stem
United States Tenth Circuit
Attorney's Fees 
In a fees dispute involving the Equal Access to Justice Act, award of fees to the plaintiff is reversed and remanded where the district court's... 		03/28/2008 07-1061
Garcia v. Bd. of Educ. of Albuquerque Pub. Sch.
United States Tenth Circuit
Administrative Law, Civil Procedure, Education Law, Health Law, Remedies 
In an Individuals with Disabilities Education Act (IDEA) action alleging that defendant-school district failed to formulate an individualized... 		03/26/2008 07-2041
US v. Cervantes
United States Tenth Circuit
Criminal Law & Procedure, Sentencing 
A probation officer is not the government for the purposes of the safety valve, and a defendant does not meet the requirements of the safety valve... 		03/25/2008 06-4172
US v. Hernandez-Hernandez
United States Tenth Circuit
Criminal Law & Procedure, Evidence, Immigration Law 
A conviction for illegal reentry is affirmed where the district court's decision to exclude from trial evidence of defendant's intoxication and... 		03/24/2008 07-2028
Robbins v. State of Oklahoma
United States Tenth Circuit
Civil Rights, Constitutional Law, Government Benefits, Government Law, Injury & Tort Law 
In a 42 U.S.C. section 1983 case arising from the death of plaintiffs' eight month old child at a privately owned daycare to which they were referred... 		03/24/2008 07-7021
Yellowbear v. Wyoming Atty. Gen.
United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus, Indian Law 
Denial of a habeas corpus petition brought by an Indian tribe member convicted of first degree murder is reversed and remanded for the district court... 		03/24/2008 06-8064
Williams v. Berney
United States Tenth Circuit
Civil Rights, Government Law, Injury & Tort Law 
In a 42 U.S.C. section 1983 action arising from a Denver business license inspector's physically assault of plaintiffs, owners of a kennel business,... 		03/19/2008 06-1177
Biodiversity Conservation Alliance v. Stem
United States Tenth Circuit
Administrative Law, Attorney's Fees, Environmental Law, Remedies 
A preliminary injunction that does not provide a plaintiff with relief on the merits of their claim cannot serve as the basis for prevailing party... 		03/19/2008 07-1061
Ochieng v. Mukasey
United States Tenth Circuit
Criminal Law & Procedure, Immigration Law 
Kenyan native's petitions for review of the BIA's dismissal of his appeal of an order of removal and its denial of his motion to reopen are denied,... 		03/18/2008 07-9530, 07-9554

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