In this appeal from a divorce decree, the court of appeals held that the district court did not abuse its discretion when imputing income based on a high earnings for several months, declining to use self-employment income as a measure…
Snow Christensen & Martineau has received a Tier 1 national ranking in Bet-the-Company Litigation, Criminal Defense: White-Collar, Franchise Law, Land Use & Zoning Law, Legal Malpractice Law – Defendants, Litigation – Construction, Litigation – Labor & Employment, and Medical Malpractice…
In this appeal from a conviction for three counts of child abuse, the defendant argued that the district court should have rejected the children-victims’ testimony as inherently improbable. The court of appeals discussed and applied the “inherent improbability exception” articulated…
By: Keith A. Call
Here is a summary of my survey of how authorities define “frivolous.”
In this appeal of a conviction, the Tenth Circuit analyzed the interplay between the forfeiture and waiver in criminal cases at length. Because the defendant failed to analyze plain error on an unpreserved sufficiency of the evidence challenge in his…
The court of appeals held that the district court abused its discretion in granting the defendant’s motion to dismiss on forum non conveniens grounds, where the district court reduced the degree of deference owed to the plaintiff’s choice of forum,…
In this appeal from the imposition of discovery sanctions, the court of appeals addressed whether documents the plaintiff had submitted to the federal Small Business Association were within the plaintiff’s custody and control. Although the holding was based on the…
What do the Act and its recent changes mean for public employers?
The district court granted summary judgment on a claim arising under the Americans with Disabilities Act, because the plaintiff failed to timely designate an expert to prove disability. The Tenth Circuit clarified that the necessity of expert testimony on the…
