United States Tenth Circuit - August 2002 Opinion Summaries

TAX & ACCOUNTING SOFTWARE CORP. v. US

Tax Law
In obtaining a tax credit for research and development expenses under Internal Revenue Code section 41, a taxpayer must show that he or she discovered...

S. UTAH WILDERNESS ALLIANCE v. NORTON

Administrative Law, Environmental Law
The Bureau of Land Management (BLM) has a mandatory, nondiscretionary duty to manage Wilderness Study Areas (WSA's) in accordance with the Federal...

CASAD v. US DEP'T OF HEALTH & HUMAN SERV.

Administrative Law, Government Law
A requested summary statement associated with a grant application fell within the deliberative process privilege of the Freedom of Information Act,...

RAKITY v. DILLON PROP., INC.

Civil Rights, Labor & Employment Law
An employee did not present triable evidence of either a "record of" substantial limitation under 42 U.S.C. section 12102(2)(B), or of having been...

POWELL v. RAY

Criminal Law & Procedure, Sentencing, Habeas Corpus
Denial of a habeas petition is proper where petitioner failed to show that the elimination of a pre-parole supervised release program created more...

FLOYD v. ORTIZ

Civil Procedure
Denial of a request for reconsideration was an abuse of discretion where the district court erroneously concluded that jurisdiction was lacking.

ST. ANTHONY HOSP. v. U.S. DEP'T OF HEALTH & HUMAN SERV.

Administrative Law, Health Law
A monetary penalty was properly imposed against a hospital for its violation of the Emergency Medical Treatment and Labor Act, in refusing to accept a...

DAVEY v. LOCKHEED MARTIN CORP.

Civil Procedure, Civil Rights, Labor & Employment Law
Defendant should have been allowed to amend a pretrial order to assert an affirmative defense to punitive damages in a Title VII employment...

JAMES v. INT'L B'HOOD OF LOCOMOTIVE ENG'RS

Labor & Employment Law
Although a union's election procedure departed somewhat from its internal constitution, plaintiffs failed to shown that the union violated its duty of...

SCOTT v. MULLIN

Criminal Law & Procedure, Habeas Corpus
Where defendant was convicted of first-degree murder and sentenced to death, the grant of habeas relief is affirmed on the ground that the prosecution...