United States Tenth Circuit - February 2003 Opinion Summaries

JANSSEN v. HARRIS

Civil Procedure, Ethics & Professional Responsibility
An appeal from a district court order disqualifying an attorney and law firm from representing an individual was untimely, as the time to appeal began...

GORDON v. NORTON

Administrative Law, Civil Procedure, Constitutional Law, Environmental Law, Property Law & Real Estate
Where a Tucker Act remedy was available, the district court lacked subject matter jurisdiction over plaintiffs' takings claims. Endangered Species Act...

CTR. FOR LEGAL ADVOCACY v. EARNEST

Administrative Law, Civil Procedure, Health Law, Injury & Tort Law
In an action seeking access to medical records in an investigation into a homeless patient's death, a hospital's emergency department did not qualify...

MARCH v. INTERNAL REVENUE SERV.

Bankruptcy Law, Tax Law
Certificates of Assessment provided to taxpayers on Form 4340 were certified and valid, thus they were served with the requisite deficiency notices,...

SALT LAKE TRIBUNE PUBL'G CO., LLC v. AT&T CORP.

Contracts, Corporation & Enterprise Law, M&A, Media Law, Securities Law
In a dispute over ownership and control of a newspaper, a provision of a Joint Operating Agreement prohibiting transfer of certain stock is valid and...

ROBERTS v. CALLAHAN

Criminal Law & Procedure, Habeas Corpus, Military Law
In a military prisoner's 28 U.S.C. section 2241 appeal of conviction by a general court-martial, grounds which were fully and fairly reviewed by the...

CONOVER v. AETNA US HEALTH CARE, INC.

ERISA, Insurance Law, Labor & Employment Law
Oklahoma's bad faith law is not saved from preemption under ERISA because it does not regulate insurance, and it is therefore preempted because it...

GREATER YELLOWSTONE COALITION v. FLOWERS

Construction, Environmental Law, Property Law & Real Estate
In an action to halt a proposed development project, district court abused its discretion in denying a preliminary injunction based on plaintiffs'...

MORRIS v. BURNETT

Criminal Law & Procedure, Evidence, Habeas Corpus
A state court did not violate petitioner's due process right to present a defense during his trial for sexual assault on a child, by excluding a...

US v. NORRIS

Criminal Law & Procedure, Sentencing
Defendant's convictions were punishable by terms exceeding one year due to the possibility of a departure, thus denial of a motion to dismiss an...