130 results for 'court:"10th Circuit"'.
J. Ebel finds that the lower court properly convicted defendant of unlawful firearm possession. The warrant used to search defendant's house did not contain any misstatements or omissions that would void it. Also, challenged testimony does not fall under the definition of hearsay because the jury was instructed that it was only being admitted to show that the FBI had conducted a complete investigation. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: June 21, 2023, Case #: 22-2007, Categories: Firearms, Search
J. Bacharach finds that the lower court improperly granted summary judgment to the postal office worker on a failure-to-accommodate claim from a former employee who says she was forced to carry heavy objects while pregnant despite asking for help. She eventually walked off the job, and was fired. While summary judgment was properly given to the post office on her retaliation claim given the lack of evidence of pretext for her firing, there's enough evidence that she was denied help handling a heavy gurney that supports a failure-to-accommodate claim. Affirmed in part, reversed in part.
Court: 10th Circuit, Judge: Bacharach, Filed On: June 16, 2023, Case #: 22-1224, Categories: Employment
J. Carson finds that the lower court properly declined to compel arbitration in a staffing plan dispute between a nurses' union and an employer. While both parties did agree to arbitrate disputes regarding the relevant collective bargaining agreement, that plan did not intend to cover staffing plan disputes. Because the main thrust of their dispute revolves around the staffing plan, the claims are not compelled to arbitration. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: June 13, 2023, Case #: 21-3146, Categories: Arbitration, Employment, Labor / Unions
J. Hartz finds that the lower court properly denied a motion for temporary relief filed by activists looking to halt a mining expansion for the King II Mine in La Plata County, Colorado. The groups have not shown that they are likely to succeed on the merits of their claims, so their TRO request could not be granted.
Court: 10th Circuit, Judge: Hartz, Filed On: June 12, 2023, Case #: 22-1056, Categories: Environment, Restraining Order
J. Briscoe finds that the lower court properly convicted defendant of sexual abuse. The evidence was strong enough to pass muster and other jury-related errors defendant raises were ultimately harmless and do not call for reversal. Affirmed.
Court: 10th Circuit, Judge: Briscoe, Filed On: June 9, 2023, Case #: 22-2039, Categories: Jury, Sex Offender
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J. McHugh finds that the lower court properly dismissed all claims against the operator of ski resorts after a class of consumers sued them for not providing refunds for passes after the resorts were closed during the Covid-19 pandemic. When the consumers bought the ski passes initially, the contract to buy them included a clear no-refund policy. Though the resort owner was the one who broke the contract by closing the resorts, which consumers say voids the no-refund clause, there is nothing in Colorado law that allows for that interpretation. Affirmed.
Court: 10th Circuit, Judge: McHugh, Filed On: June 6, 2023, Case #: 21-1400 , Categories: Consumer Law, Class Action
J. Ebel finds that the lower court properly found there was not a likelihood of confusion between two marks in a trademark suit between two education-related providers. While the marks are similar, there is little evidence of actual confusion taking place. The parties do business in different markets and consumers in that space are likely to use a lot of care in picking those types of services. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: May 31, 2023, Case #: 22-1248, Categories: Trademark
J. Matheson finds that the lower court improperly dismissed claims from environmental groups that sought to challenge the Upper Green River Area Rangeland project in Wyoming, alleging that the Forest Service did not properly consider how the project could influence grizzly bear populations, migratory birds and local fish. The record shows that the biological opinion from the Forest Service did not fully consider a limit on the lethal take of female grizzlies or look deep enough into how the project would contribute to their mortality sink rate. The matter is sent back to the government to address these shortcomings. Reversed in part.
Court: 10th Circuit, Judge: Matheson, Filed On: May 25, 2023, Case #: 22-8031, Categories: Environment, Agency
J. Seymour vacates the defendant's sentence for unlawful possession of ammunition and witness tampering, finding that the sentencing court's use of a cross-reference to the sentencing guideline for attempted murder was erroneous since the defendant was not shown to have specifically intended to kill his ex-girlfriend in the underlying offense. A finding of malice aforethought is not sufficient to justify the cross-reference. The error also was not harmless. Vacated.
Court: 10th Circuit, Judge: Seymour, Filed On: May 22, 2023, Case #: 21-6059, Categories: Firearms, Intent, Murder
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