United States Tenth Circuit - November 2002 Opinion Summaries

SERVICE PROF'LS INC. v. ALLSTATE INS. CO.

Civil Rights, Insurance Law
A 42 U.S.C. section 1981 claim, alleging racial discrimination in an insurer's referral practices, is not actionable where plaintiff failed to show...

CHEROKEE NATION OF OKLAHOMA v. THOMPSON

Contracts, Government Contracts, Indian Law
A claim against the United States based on adequacy of funding, after performance of contracts operated under the Indian Self-Determination and...

COMPUTERIZED THERMAL IMAGING INC. v. BLOOMBERG, L.P.

Injury & Tort Law, Media Law
Under Utah law, where defendant's statements did not bear the requisite malicious injury to reputation in the absence of a precise statement of...

COUNTY OF SANTA FE v. PUB. SERV. CO. OF NEW MEXICO

Property Law & Real Estate, Public Utilities
Dismissal of a complaint-in-intervention, alleging that a county's settlement agreement lacked any basis in fact or law, was improper under FRCP...

BANGERT BROTHERS CONSTR. CO., INC. v. KIEWIT WESTERN CO.

Contracts, Government Contracts, Injury & Tort Law
In claims arising from the construction of an airport runway: 1) misrepresentations as to flexural strength test results were as to a material fact in...

DAVIS v. MID-CENTURY INS. CO.

Contracts, Insurance Law, Property Law & Real Estate
After real estate damage from a hail storm, cost of removing damaged shingles was not subject to depreciation under the actual cash value provision of...

MOORE v. GUNNISON VALLEY HOSP.

Administrative Law, Constitutional Law, Health Law, Labor & Employment Law
In a due process action by a physician, suspended from practice by an ad hoc committee appointed by hospital administrators, the peer-review process...

Z. J. GIFTS D-4, L.L.C. v. CITY OF LITTLETON

Commercial Law, Constitutional Law
The judicial review procedure and pre-application requirements of a city ordinance, which requires all adult businesses to obtain a license prior to...

TINKER AIR FORCE BASE v. FED. LABOR RELATIONS AUTH.

Administrative Law, Civil Procedure, Labor & Employment Law
The circuit court lacks jurisdiction over a petition seeking review of a Federal Labor Relations Authority determination, that petitioner committed an...

US v. BAYLES

Constitutional Law, Criminal Law & Procedure, Sentencing
A conviction for possessing a firearm while subject to a domestic violence protective order did not violate the Second Amendment or the Commerce...