U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

February 2018 Archives

Coal Dust, Not Smoking, Caused Worker's Death, Court Rules

Bradford McClean spent almost half his life working in coal mines.

By the time he quit, doctors said less than one-third of his lungs were working. He claimed benefits under the Black Lung Benefits Act, then he died.

His widow continued with the claim, but McClean's employer said he died from smoking -- not black lung disease.

Prison Officials Escape Liability for Gassing Inmates

The U.S. Tenth Circuit Court of Appeals called it textbook negligence.

If so, it could well end up in a law school casebook someday. But they'll probably call it the "prison tear-gas case" because that's what happened.

Prison officials accidentally gassed 100 men inside their cells. There was nothing they could do about it then, and according to the appeals court, they can't do a thing about it now.

Ninja Turtles Snap at Live-Action Show, Viacom Sues for Copyright Violation

If only turtles could talk.

Like, would the Teenage Mutant Ninja Turtles really want to sue the live-action dancers who portray them for elementary school children? That's what the Guardian Anti-Bullying Campaign does, traveling across the Southwest to teach kids to stand up to bullies.

Horse manure, cowabunga or whatever, says Viacom, which owns the Ninja Turtle enterprise. The company has sued Mark Anthony Baca and his show for copyright and trademark violations.

Federal Judge Blocks Law Against Israel Boycott

A federal judge said a Kansas woman may boycott Israel, and the state cannot require otherwise.

In Koontz v. Watson, the judge enjoined the state's enforcement of a Kansas law that requires people who contract with the state to certify they are not engaged in the boycott.

Esther Koontz, a public school teacher, sued for relief saying "she could not sign the form in good conscience." The American Civil Liberties Union called it a "major victory" for free speech.