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| Bank of Okla. v. Monumental Life Ins. Co., No. 06-6137,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2007, Filed
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Overview: Because a policy for mortgage insurance terminated no later than the expiration of the 31-day grace period following the date the initial payment was due from the decedent, and the policy's provisions allowing for cessation of contractual obligations for lack of premiums were valid, an insurer was entitled to withhold coverage.
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| Hall v. United States DOL, No. 05-9512,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2007, Filed
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Overview: DOL Administrative Review Board's determination that the employee failed to prove a causal nexus between his protected activity and the alleged hostility against him was supported by substantial evidence where evidence supported the conclusion that the employee failed to prove that the Army had a policy of retaliation against whistleblowers.
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| Hamby v. Associated Ctrs. for Therapy, No. 06-5043,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2007, Filed
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Overview: Summary judgment for mental health agency was proper in discharged employee's Title VII suit for retaliation because termination for disclosing potential client's confidential information after repeated instructions to clear all external communications regarding agency business through immediate supervisor was not pretextual nor a "rubber stamp."
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| Hill v. Akamai Techs., Inc. (In re MS55, Inc.), No. 05-1389,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2007, Filed
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Overview: Trustee who was appointed to manage a debtor's estate under Chapter 7 of the Bankruptcy Code did not have the right to bring an avoidance action against a secured creditor because the debtor waived its right, along with the trustee's right, to bring that action when it acted as a debtor-in-possession under Chapter 11 of the Bankruptcy Code.
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| NLRB v. King Soopers, Inc., Nos. 06-9514, 06-9518,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2007, Filed
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Overview: Orders of the NLRB were enforced as it was not inequitable to do so, enforcement was not pointless or obsolete, mere compliance did not deprive the Board of its opportunity to secure enforcement, and although speculative, respondent would have the chance to defend against any charge of contempt for unrelated acts that may have been pursued.
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| Stephens v. Guilfoyle, No. 06-6149,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2007, Filed
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Overview: Although correct at the time, the court erred in dismissing a prisoner's entire § 1983 action for failure to exhaust all of claims and by not addressing the exhausted claims before it; however, the prisoner lacked standing to bring his claim for violation of his right to access to the courts and he failed to state a claim for relief under RICO.
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| Turner v. Astrue, No. 06-6170,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2007, Filed
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Overview: On appeal, the district court's affirmance of the denial of a Social Security claimant's application for benefits was affirmed for substantially the same reasons articulated in the magistrate judge's report and recommendation which was adopted by the district court.
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| United States v. Porter, No. 06-3298,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2007, Filed
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Overview: A prisoner who filed a 28 U.S.C.S. § 2255 habeas corpus petition was denied a COA pursuant to 28 U.S.C.S. § 2253(c)(1)(B) because the issue raised in his habeas petition--the adequacy of his indictment--fell squarely within the scope of his waiver of all rights to appeal or collateral attack, which was part of his plea agreement.
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| United States v. Wilson, No. 05-5223,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2007, Filed
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Overview: Conviction for assault resulting in serious bodily injury, in violation of 18 U.S.C.S. § 113(a)(6), was affirmed because, although verdict form misstated applicable law, the error did not inure to benefit of defendant on appeal. Assault by striking, beating, or wounding was not lesser-included offense of assault resulting in serious bodily injury.
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