Injury & Tort Law News - U.S. Tenth Circuit
U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

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This term, the Supreme Court of the United States had the opportunity to review a Colorado Supreme Court decision that dealt with immunity against civil liability under the Aviation and Transportation Security Act. Based on the long-accepted definition of malice, and statutory interpretation, the Supreme Court disagreed with the Colorado state courts' opinions, and reversed and remanded.

Background

William Hoeper began working as a pilot for Air Wisconsin Airlines Corporation ("Air Wisconsin") in 1998, but in 2004, in order to retain his job, he had to pass certification on a different aircraft. Having failed the first three attempts, Air Wisconsin gave him a fourth and final attempt, with the understanding that he would be terminated if he did not pass. During the final simulation, Hoeper lost his temper, threw his headset and began yelling. A few hours later, Hoeper was on a flight back to Denver when the plane was ordered back to the gate, and Hoeper was removed, searched and questioned.

Oh, the good ol' Tenth Circuit. For a circuit that covers a geographically large portion of the United States, the case law coming out of there can sometimes not be as compelling as circuits with cities like New York or San Francisco. But, that doesn't mean all Tenth Circuit cases are folly. In fact, when they mean business, they get the whole country's attention.

Tenth Circuit in the News

With Utah's large Mormon population, we suppose it was just a matter of time before a polygamy case was heard. And just in time for the end of 2013, Judge Waddoups of the U.S. District Court for the District of Utah struck down Utah's bigamy statutes' cohabitation provision as unconstitutional.

A settlement was reached in a case against the FAA and an air traffic control staffer in early November, wrapping up claims for a man whose plane crashed into a Wyoming mountain range in 2010.

According to The Associated Press, Luke Bucklin, 41, was piloting a plane from Jackson Hole airport when his plane crashed in the Equality State's Wind River Range in October 2010, killing himself and his three teenage boys.

The Federal Aviation Administration (FAA) was never part of any suit, yet both parties have agreed to settle with Bucklin's estate.

We definitely hear about West Nile virus a lot, especially during the summer, but do you actually know what the symptoms are? Neither did some New Mexico police officers, who now face a civil action for the deprivation of an arrestee's rights, reports the Tri-City Herald.

Despite Horrific Accident, 10th Cir Finds No Products Liability

The Tenth Circuit Court of Appeals did not find any products liability in a suit asserted by a worker who suffered a severe workplace accident.

Derek Braswell was operating a heavy press brake, manufactured by Cincinnati, Inc, when his right arm was crushed and later amputated. Despite signs warning the operator not to reach into the area, Braswell still did so, and accidentally stepped on a pedal that then triggered a hydraulic-powered ram's descent.

The Tenth Circuit didn't have any cases making jurisprudential history this week, though it has managed to stay in the news. One item can have serious repercussions for Oklahoma consumers, while the other seems immune from sequester cuts.

Abby Shadakofsky, d/b/a Personal Collection Services ("Shadakofsky"), hired Cheryl Wadas to represent her in a debt collection action against George James. After many procedural mishaps, the parties ended up in federal court with James claiming that Wadas, as Shadakofsky's agent, violated the Fair Debt Collection Practices Act ("FDCPA").

The question before the court was whether Wadas regularly engaged in the practice of debt collection, to be considered a "debt collector" for purposes of the FDCPA. The Tenth Circuit found that she was not.

Federal Prison Inmate's Appeal Denied, No Right to Counsel

A federal prison inmate’s appeal on a medical malpractice claim was rejected by the Tenth Circuit. The court also rejected the inmate’s right to counsel argument in his case against the hospital and doctor who treated him.

Louis Darryl Tarantola sustained injuries to his head and face in a prison altercation. He was then treated by Dr. George Speer at Cushing Memorial Hospital, but Tarantola claims that the doctor knowingly and deliberately provided him substandard medical care leading to disfigurement and permanent scars.

"In 2008, Plaintiff, a legally blind child with cerebral palsy and cognitive delays, was severely injured while skiing at Breckenridge Ski Resort in Colorado.'

Though the mechanics of such an individual skiing may be only mildly relevant to the holding of the case, you might be curious as to how such a thing is possible. The child with special needs rides a bi-ski, which is connected via tethers to the ski instructor.

Younger generations are going to look back at these mortgage foreclosure cases with nothing but utter confusion. It seems in every case, a mortgage is passed around more than a certain illicit substance at Snoop Lion concert.

In this case, Glen Llewellyn was a bit miffed after a series of mortgage holders and services reported naughty things to the credit agencies regarding his defaulted/not-defaulted loan. (He refinanced while the loan was being sold to someone else, the money got lost for a bit ... it happens).