United States Tenth Circuit - January 2005 Opinion Summaries

MILLER v. EBY REALTY

Civil Rights, Labor & Employment Law
In an employment discrimination suit, judgment in favor of plaintiff is affirmed over defendant's challenges that 1) the evidence was insufficient, 2)...

HACKETT v. BARNHART

Government Benefits, Labor & Employment Law
Denial of plaintiff's application for Social Security disability benefits is reversed where the administrative law judge failed to reconcile a...

CHAVEZ v. THOMAS & BETTS CORP.

Civil Rights, Labor & Employment Law
In an employment discrimination suit, a jury verdict for plaintiff is affirmed over defendant's challenge to the sufficiency of the evidence, jury...

FERNANDEZ-VARGAS v. ASHCROFT

Immigration Law
An application to adjust status under Immigration and Nationality Act(INA) section 245(i) is an application for "relief" barred by INA section...

HJELLE v. MID-STATE CONSULTANTS, INC.

Injury & Tort Law, Labor & Employment Law
In a personal injury action, judgment in favor of defendant, a third-party independent contractor, is affirmed where the district court did not err in...

TEAM TIRES PLUS, LTD. v. TIRES PLUS, INC.

Intellectual Property, Trademark
In a trademark infringement suit concerning the name of a tire store, dismissal of plaintiff's claims are reversed where the district court erred in...

US v. MUNRO

Criminal Law & Procedure, Juvenile Law
Defendant's conviction for carrying a firearm during the commission of a crime of violence is affirmed over his challenge that using a computer to...

PARKER v. SCOTT

Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's writ of habeas corpus is affirmed over his claims of lack of due process and ineffective assistance of counsel.

JENNINGS v. RIVERS

Civil Procedure, Remedies
In a damages hearing where the district court awarded zero dollars based on a failure of proof due to plaintiff's tardiness, the district court abused...

CUMMINGS v. NORTON

Civil Procedure, Labor & Employment Law
Summary judgment against plaintiff's wrongful termination claim is affirmed where plaintiff's argument on appeal was not properly presented to the...