United States Tenth Circuit - May 2005 Opinion Summaries

Lister v. Dep't of the Treasury

Civil Procedure, Government Benefits
The district court did not abuse its discretion in denying in forma pauperis status to plaintiff where she failed to fill out the proper forms after...

US v. Jarvison

Criminal Law & Procedure, Evidence
The district court properly declined the government's invitation to create a new exception allowing courts to compel adverse spousal testimony in...

US v. Yazzie

Criminal Law & Procedure
Defendant's conviction for sexual assaulting a minor is affirmed over his claim that the district court erred in denying his motion to withdraw his...

Coldesina v. Estate of Simper

ERISA, Labor & Employment Law
In a suit involving theft from an ERISA plan, the district court erred in dismissing plaintiff-ERISA plan administrator's claims against...

US v. Magallanez

Criminal Law & Procedure, Sentencing
Defendant's sentence for a drug conviction is affirmed where he has not met his burden of showing that the fairness, integrity, or public reputation...

US v. Dowlin

Criminal Law & Procedure, Sentencing
Defendant's conviction for federal fraud charges is affirmed over her claim that the government presented insufficient evidence to support her...

US v. Jardine

Criminal Law & Procedure, Sentencing
Defendant's sentence is remanded for re-sentencing in accordance with US v. Booker, 125 S.Ct. 738 (2005).

Tillman v. Camelot Music, Inc.

Insurance Law, Labor & Employment Law
For life insurance purposes, an employer does not have an insurable interest in an employee unless it presents evidence of a lawful and substantial...

Praseuth v. Rubbermaid, Inc.

Civil Rights, Injury & Tort Law, Labor & Employment Law
In an employment discrimination case brought under the Americans with Disabilities Act, a jury verdict against defendant-employer is affirmed over its...

Elliott Indus. v. BP Am. Prod. Co.

Civil Procedure, Contracts, Oil and Gas Law
Plaintiff's suit, seeking unpaid royalties on oil and gas leases under the New Mexico Oil and Gas Proceeds Payment Act, is properly dismissed by the...