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

Recently in Court News Category

Colorado Woman Sues Off Duty Pilot for Alleged Groping

A long time ago in a stratosphere far, far away, United Airlines invited people to "fly the friendly skies of United."

But after airline police publicly dragged a passenger off a United plane, "the friendly skies" became a hard sell. Now comes an even more difficult case.

A woman is suing the airlines because a passenger grabbed her butt while masturbating mid-flight. That's not friendly; that's gross.

Sugar Alcohol Case Not So Sweet for Lawyers

One thing is sure in litigation. The attorneys will get paid.

Well, that's a half-truth because one side may not get anything. Plaintiffs' lawyers -- especially the contingency fee kind -- know this all too well.

But in Xlear v. Focus Nutrition, it remains to be seen whether the defense attorneys will get their fees. A trial court awarded them, but the U.S. Tenth Circuit Court of Appeals wants the trial judge to rethink it.

Court Upholds Utah's Signature-Gathering Law

Utah politics have always been a little different.

From its theocratic beginnings, Utah has long been a bastion of conservatives. If you are a Democrat in Utah, you may have a hard time winning an election.

So it is not too surprising that Utah's most recent political battle is between Republicans and Republicans. In Utah Republican Party v. Cox, the U.S. Tenth Circuit Court of Appeals may have put an end to it -- for now.

Energy Lawyer Confirmed to 10th Circuit Court of Appeals

When President Trump nominated Joel Carson to the U.S. Tenth Circuit Court of Appeals, it was a practical decision as much as a political one.

Carson, a part-time magistrate judge, was also a principal attorney at a law firm specializing in oil, gas, and energy law. There is a lot of that in the Tenth Circiut, which includes resource-rich states such as Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming.

The 71 Senators who confirmed his nomination can't wait to see what Carson can do. The 21 who opposed him have some concerns.

Overstock Sued for Allegedly Following Bitcoin Frenzy

If Overstock.com continues to loose market value, at least it won't be alone.

To start the month, the stock market dove more than 750 points before rebounding to an overall loss of 459 points for the day. Investors were scared off by tariff wars and problems in technology companies.

It was bad for Overstock.com, too, but not as bad as the allegations in a new stockholder lawsuit. A new class action claims the company defrauded shareholders by using blockchain technology as "a thinly veiled strategy to take advantage of the Bitcoin Frenzy."

Investment Manager Owes $5 Million for Misappropriation

A former investment manager got a break on nearly $50 million in fines, but still has to disgorge more than $5 million for misappropriating investors' money.

A federal appeals court had upheld orders that Charles Kokesh pay $34.9 million, plus $18 million in interest and a $2.4 million penalty two years ago. It wasn't enough to recoup $85 million his investment firms lost, but he appealed anyway.

Catching the case on the rebound from the U.S. Supreme Court, the U.S. Tenth Circuit Court of Appeals has settled on $5 million. For the government in Securities and Exchange Commission v. Kokesh, it was literally too little, too late.

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.

'Underwear Bomber' Sues Over Alleged Mistreatment

The Administrative Maximum Facility in Florence, Colorado houses some of the most hated mass murderers in the world.

They include Boston bomber Dzhokhar Tsarnaev, Unabomber Ted Kaczynski, and terrorists in the attacks on the World Trade Center and the Twin Towers.

Then there's the "Underwear Bomber." He's in the news again, claiming prison officials have mistreated him.

In a rare instance, the American Bar Association has rated Judge Charles Goodwin, President Trump's nominee to the Federal District Court for the Western District of Oklahoma, as "unqualified." This may be puzzling to some as Judge Goodwin has served as a federal magistrate judge in the same court for the past four years.

However, whether or not that rating will hold up or prevent his confirmation cannot be predicted with any certainty. While traditionally the ABA issued their evaluations prior to the announcement of a nomination, President Trump has not bothered with seeking the ABA's evaluation prior to announcing a nomination.

Tenth Circuit Dismisses Fracking Appeals

Fracking, for all its attention-getting repercussions, is not getting any more attention from a federal appeals court.

The U.S. Tenth Circuit Court of Appeals has dismissed consolidated fracking appeals that included more parties and amici than judges in the four-state circuit.

In State of Wyoming v. Zinke, the appeals panel said the cases were "prudentially unripe" because a disputed federal fracking regulation is being rescinded.