United States Tenth Circuit - March 2005 Opinion Summaries

Burnham v. Humphrey Hospitality Reit Trust

Civil Procedure, Injury & Tort Law
The district court properly dismissed plaintiff's negligence claim where she failed to commence the suit prior to the running of the statute of...

Chavez v. City of Albuquerque

Civil Procedure, Civil Rights, Injury & Tort Law, Sanctions
In an action under 42 U.S.C. section 1983, the district court properly dismissed plaintiff's jury verdict as a sanction for perjuring himself during...

US v. Cano-Silva

Criminal Law & Procedure, Sentencing
Defendant's sentence for a drug conviction is vacated where the district court's determination of defendant's base offense level under the US...

Prairie Band Potawatomi Nation v. Wagnon

Government Law, Indian Law
The district court properly granted a preliminary injunction, in favor of plaintiff-Indian tribe, which prohibited enforcement of the State motor...

Jenkins v. Hodes

Bankruptcy Law, Property Law & Real Estate
A Kansas debtor who enters into a valid contract with a builder prior to the filing of an involuntary bankruptcy petition against the debtor, secured...

US v. Moore

Criminal Law & Procedure, Sentencing
For sentencing purposes under the Armed Career Criminal Act, the government is not required to charge in an indictment or prove to a jury either the...

Society of Lloyd's v. Reinhart

International Law, Judgement Enforcement
Summary judgment in favor of plaintiff's suit, seeking to enforce a judgment obtained in England in connection with underwriting obligations, is...

FTC v. Freecom Communications, Inc.

Administrative Law, Attorney's Fees, Communications Law
An award of attorney fees in favor of defendant, pursuant to the Equal Access to Justice Act, is reversed where clear evidence does not support the...

US v. Musa

Criminal Law & Procedure, Evidence
The district court's grant of defendant's motion to suppress is reversed where police officers had reasonable suspicion to conduct a no-knock entry of...

GUTTMAN v. KHALSA

Civil Procedure, Health Law
Plaintiff's suit, seeking reinstatement of his license to practice medicine, is dismissed on the basis of lack of subject matter jurisdiction under...