15 results for 'judge:"Phillips"'.
J. Phillips dismisses an appeal from a podcast and its host that sought to challenge a ruling that refused to toss defamation claims leveled against them from a doctor after the podcast spread false claims about the doctor being a member of "Antifa" and trying to rig the 2020 election in favor of Joe Biden. The lower court denied their motion to toss the claims after finding that the doctor was likely to prevail on the merits of his claims. Their appeal falls outside the collateral-order doctrine, leaving it dismissed for lack of appellate jurisdiction.
Court: 10th Circuit, Judge: Phillips, Filed On: April 23, 2024, Case #: 23-1109, Categories: Defamation
J. Phillips finds that the lower court properly ordered the enforcement of a subpoena against a doctor regarding an investigation into his practice of being the "second-most prolific prescriber" of benzodiazepines in New Mexico. The feds began looking into his dealings and issued an administrative subpoena against him, which the doctor challenged on constitutional grounds. But none of his arguments, such as claiming that the Fifth Amendment’s privilege against self-incrimination would shield him from complying with the order, have merit under the law. Affirmed.
Court: 10th Circuit, Judge: Phillips, Filed On: April 15, 2024, Case #: 23-2073, Categories: Criminal Procedure, Constitution, Discovery
J. Phillips finds that the lower court improperly denied an environmental group's request to intervene in an underlying dispute over a quiet title action to hundreds of alleged rights-of-way on federal land in Utah. The group has already been given the ability to intervene in a similar filing involving the same parties in 2019, and this current case is similar enough that they are entitled to intervene here as well. Reversed.
Court: 10th Circuit, Judge: Phillips, Filed On: March 4, 2024, Case #: 22-4087, Categories: Civil Procedure, Property
J. Phillips finds a lower court improperly dismissed an insurance company's motion for arbitration concerning contract claims against an aviation company. The aviation company argued that a dispute over the sale of maritime surveillance aircraft products belongs in civil court. However, the parties' agreement contains an arbitration clause. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Phillips, Filed On: January 12, 2024, Case #: CA-2023-137, Categories: Arbitration, Insurance, Contract
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J. Phillips finds that the lower court properly convicted defendant of sexual abuse and assault convictions. There were no errors during trial regarding testimony or evidence entered that would justify reversing defendant's convictions. However, both parties do agree that the lower court used an improper calculation of defendant's criminal history that needlessly inflated his sentencing range. Affirmed in part.
Court: 10th Circuit, Judge: Phillips, Filed On: December 28, 2023, Case #: 22-5072, Categories: Sentencing, Sex Offender
J. Phillips finds that the lower court properly upheld that BP America Production owes roughly $700,000 in royalty underpayments under the Federal Oil and Gas Royalty Simplification and Fairness Act. BP says it should be shielded from the payments by claiming all underpayments less than $10,000 should be reversed under the royalty-payment statute. This interpretation, however, ignores the clear language of the law and tries to skirt around the fact that all of the underpayments the company has been charged with paying have been correctly calculated and assessed. Affirmed.
Court: 10th Circuit, Judge: Phillips, Filed On: December 6, 2023, Case #: 22-8024, Categories: Contract
J. Phillips finds that the lower court improperly ruled in favor of a health insurance company in a lawsuit brought by a father who says the company wrongfully denied a claim for mental health treatment for his son. Under the terms of the relevant agreement, the company's move to deny the claim was arbitrary and the father and son were denied a "full and fair" review of their claim. Reversed.
Court: 10th Circuit, Judge: Phillips , Filed On: December 5, 2023, Case #: 22-4082, Categories: Erisa, Insurance
J. Phillips finds a lower court improperly dismissed a Dublin based passenger fleet company's contract claims against a passenger transportation coach company. The passenger transportation financier argued that it provided the passenger fleet company with satisfactory vehicles. However, the passenger fleet company sufficiently showed in court that the busses were of poor quality. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Phillips, Filed On: November 10, 2023, Case #: CA-2022-2404, Categories: Transportation, Contract
J. Phillips finds that the lower court improperly found in favor of Johns Manville in an antitrust lawsuit accusing it of monopolizing the market for calcium silicate. A smaller rival company says that Johns Manville threatened to stop doing business with distributors if they bought calcium silicate from the rival. The smaller company has put forth expert testimony showing evidence of monopoly power, and the alleged threats to distributors clear the definition of exclusionary conduct. Reversed in part.
Court: 10th Circuit, Judge: Phillips, Filed On: October 25, 2023, Case #: 22-1164, Categories: Antitrust
J. Phillips finds a lower court properly dismissed a wealth management company's contract claims against a chemical producer. The wealth management company argued that the chemical products company failed to pay for services. However, the court lacks jurisdiction to hear claims in the English court. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Phillips, Filed On: September 28, 2023, Case #: CA-2023-16, Categories: Jurisdiction, Contract
J. Phillips finds that the lower court improperly granted summary judgement to a supplier of calcium silicate, a substance used to make pipe insulation, after a smaller company sued it for maintaining an unlawful monopoly over the space. The smaller company says it tried to enter the market with a superior and less expensive product, but the larger company responded by threatening distributors that they would not sell to them if they bought the cheaper product. The smaller company put forward enough evidence that the larger entity had acquired an unfair monopoly and was using exclusionary conduct and threats to injure its competitor. Reversed in part.
Court: 10th Circuit, Judge: Phillips, Filed On: August 21, 2023, Case #: 22-1164, Categories: Antitrust
J. Phillips finds that the lower court properly in part ruled in a zoning dispute between El Paso County and a drug and alcohol recovery center operator. The recovery center alleges that the county's strict occupancy limits and standards for group homes forced them to close their home. Though the county did violate the 1988 Fair Housing Act Amendments by imposing limits on group homes for disabled people without justification, the center has not shown standing to challenge other county standards because there's no evidence the county actually enforced them. The matter is also remanded due to an improper summary judgment ruling against the center's claim for intentional discrimination, as it showed evidence the county was preventing it from carrying out certain therapies while at the same time allowing other homes to do them. Affirmed in part.
Court: 10th Circuit, Judge: Phillips, Filed On: July 18, 2023, Case #: 21-1227, Categories: Zoning
J. Phillips finds that the lower court properly allowed a native tribe to conduct gaming operations on a 10-acre lot in Kansas that the tribe bought in the 1990s. The Kansas government has opposed the gaming operations, but the tribe has met all of the legal requirements under the law, namely that the land has been taken into a trust and was properly acquired. Affirmed.
Court: 10th Circuit, Judge: Phillips, Filed On: July 3, 2023, Case #: 21-3097, Categories: Government, Native Americans
J. Phillips finds that the lower court properly dismissed claims from the Audubon of Kansas that sought to protect its water rights connected to the Quivira Wildlife Refuge. While it is "understandably" frustrating to see how water rights over the refuge have been managed over the years, the claims must be dismissed on two grounds: the claims are moot because an agreement at the heart of the dispute has expired, and this court lacks jurisdiction under the Administrative Procedure Act. Affirmed.
Court: 10th Circuit, Judge: Phillips, Filed On: May 15, 2023, Case #: 21-3209, Categories: Administrative Law, Water