United States Tenth Circuit - March 2008 Opinion Summaries

Biodiversity Conservation Alliance v. Stem

Attorney's Fees
In a fees dispute involving the Equal Access to Justice Act, award of fees to the plaintiff is reversed and remanded where the district court's...

Am. Cas. Co. of Reading Pa. v. Health Care Indem., Inc.

Contracts, Insurance Law, Professional Malpractice
In an action between two insurance companies concerning the apportionment of liability for a professional malpractice incident, district court's...

Garcia v. Bd. of Educ. of Albuquerque Pub. Sch.

Administrative Law, Civil Procedure, Education Law, Health Law, Remedies
In an Individuals with Disabilities Education Act (IDEA) action alleging that defendant-school district failed to formulate an individualized...

US v. Cervantes

Criminal Law & Procedure, Sentencing
A probation officer is not the government for the purposes of the safety valve, and a defendant does not meet the requirements of the safety valve...

Robbins v. State of Oklahoma

Civil Rights, Constitutional Law, Government Benefits, Government Law, Injury & Tort Law
In a 42 U.S.C. section 1983 case arising from the death of plaintiffs' eight month old child at a privately owned daycare to which they were referred...

US v. Hernandez-Hernandez

Criminal Law & Procedure, Evidence, Immigration Law
A conviction for illegal reentry is affirmed where the district court's decision to exclude from trial evidence of defendant's intoxication and...

Yellowbear v. Wyoming Atty. Gen.

Criminal Law & Procedure, Habeas Corpus, Indian Law
Denial of a habeas corpus petition brought by an Indian tribe member convicted of first degree murder is reversed and remanded for the district court...

Biodiversity Conservation Alliance v. Stem

Administrative Law, Attorney's Fees, Environmental Law, Remedies
A preliminary injunction that does not provide a plaintiff with relief on the merits of their claim cannot serve as the basis for prevailing party...

Williams v. Berney

Civil Rights, Government Law, Injury & Tort Law
In a 42 U.S.C. section 1983 action arising from a Denver business license inspector's physically assault of plaintiffs, owners of a kennel business,...

Ochieng v. Mukasey

Criminal Law & Procedure, Immigration Law
Kenyan native's petitions for review of the BIA's dismissal of his appeal of an order of removal and its denial of his motion to reopen are denied,...