United States Tenth Circuit - November 2009 Opinion Summaries

Colorado Springs v. N. Colo. Water Conservancy Dist.

Civil Procedure, Water Law
In an appeal from the district court's denial of a prospective intervenor's motion to intervene in a water rights dispute, the order is vacated with...

N-A-M v. Holder

Administrative Law, Criminal Law & Procedure, Immigration Law
In a petition for review of the BIA's order removing petitioner to El Salvador, the petition is denied where: 1) petitioner's prior state offense of...

Harman v. Pollock

Civil Rights, Constitutional Law, Criminal Law & Procedure
In a 42 U.S.C. section 1983 action alleging that defendant-officers unlawfully detained plaintiffs and searched their home, summary judgment for...

US v. Varela

Criminal Law & Procedure, Sentencing
Defendant's firearm possession conviction is affirmed where, according to the Sentencing Guidelines, if a defendant possesses a firearm in connection...

Couch v. Bd. of Trustees of Mem. Hosp. of Carbon County

Civil Rights, Constitutional Law, Health Law, Labor & Employment Law
In a 42 U.S.C. section 1983 action alleging that defendant-hospital board deprived plaintiff-physician of his First Amendment right of free speech...

US v. Livingston

Criminal Law & Procedure, Evidence
Defendant's counterfeiting and firearm possession conviction is remanded to the district court for an evidentiary hearing to determine whether, by...

Wagner v. Live Nation Motor Sports, Inc.

Injury & Tort Law, Sports Law, Transportation
In a tort action arising out of a motorcycle crash, denial of defendant's post-trial motion for judgment as a matter of law is reversed where: 1) a...

Berry & Murphy, P.C. v. Carolina Cas. Ins. Co.

Contracts, Ethics & Professional Responsibility, Injury & Tort Law, Insurance Law, Professional Malpractice
In an action for insurance coverage for a malpractice lawsuit, summary judgment for defendant is affirmed where: 1) the alleged acts of malpractice in...

US v. Albert Inv. Co.

Civil Procedure, Environmental Law, Government Law
In an appeal from the district court's denial of appellant's motion to intervene in an action brought by the U.S. under the Comprehensive...

Payless ShoeSource, Inc. v. Travelers Cos., Inc.

Contracts, Insurance Law, Labor & Employment Law
In an action against an insurer for coverage of a settlement in a wage and hour lawsuit, summary judgment for defendant is affirmed where, by...