In a detailed opinion on the nature and history of aboriginal rights, the Tenth Circuit concluded that the district court erred in dismissing quiet title claims brought by an Indian tribe. In doing so, the Tenth Circuit reiterated that, absent…
The court rejected a postal worker’s challenge to a federal regulation that prohibited him from carrying his firearm onto USPS property. First, the court held that the parking lot should be considered a single unit with the federal building, for which…
In this complex wire fraud and money laundering case, the Tenth Circuit affirmed the convictions of two individuals who had created or participated in a fraudulent real estate scheme. On appeal, the defendants argued that the district court incorrectly instructed…
The Price-Anderson Act does not preempt state law claims for alleged releases of plutonium and other hazardous releases. The Court “consider[ed] how far Congress went in reshaping state tort claims involving what the Act delicately refers to as nuclear ‘incidents’ and…
The Utah Court of Appeals confirmed that the requirement of Utah Code § 78B-6-807(3) that “[a] judge, court clerk, or plaintiff’s counsel shall endorse on the summons the number of days within which the defendant is required to appear and defend…
In this latest episode in a nearly 40-year long battle between the Ute tribe and the State of Utah over local governments displacing tribal authority on tribal lands, the Tenth Circuit enjoined Uintah County officials from pursuing criminal convictions for offenses…
Plaintiff brought claims for negligence and wrongful death. The plaintiff argued that that the Utah Department of Transportation fix to resolve an obstructed culvert following a sudden rainstorm and flooding led to the collapse of the road and a tragic…
Defendant, convicted of theft, appealed the amount of restitution required by the court. The prosecution had introduced only evidence of the purchase price of the stolen items, and the Defendant presented no alternative evidence of fair market value. The lower…
The Salt Lake Tribune appealed the district court’s denial of its motion to intervene to challenge classification of court records as private in a defamation case. The plaintiff argued that the motion to intervene was moot because the underlying action…
The Utah Court of Appeals held that the savings statute, Utah Code § 78B-2-111, which allows commencement of a second action within one year, applies to claims filed against governmental entities under Utah’s Governmental Immunity Act.
