A trial court refused to award attorney fees to a debtor who successfully raised a statute of limitations defense in a collection action. Importing the standard used to determine whether attorney fees are warranted under the terms of a contract,…
The defendant appealed from a restitution order entered following his conviction for sexual exploitation of a minor. The crimes occurred in 2003 and the defendant was convicted but failed to appear at sentencing in 2005. He was finally apprehended in…
Section 16 of the Federal Arbitration Act, 9 U.S.C. § 16(a)(1)(A), confers jurisdiction over an appeal from an order lifting a stay of litigation, not simply “refusing a stay” as stated in the statute.
The plaintiff, the husband of an active-duty service member in the Air Force, filed suit against the United States seeking compensation for their child’s injuries resulting from an in utero deprivation of oxygen during a Caesarean section. The Tenth Circuit…
In this construction defect case, the district court dismissed the homeowners’ contractual claims against a construction company after finding the homeowners had knowledge of their claims and were not entitled to equitable tolling. The Court of Appeals affirmed on alternative…
