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| Berrey v. Asarco Inc., No. 04-5131,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 22, 2006, Filed
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Overview: Because a tribe waived its sovereign immunity as to counterclaims sounding in recoupment by filing suit under CERCLA, and mining companies' counterclaims for common law contribution and indemnity were claims in recoupment, the appellate court affirmed the district court's denial of the tribe's motion to dismiss the counterclaims.
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| Moore v. Guthrie, No. 04-1435,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 22, 2006, Filed
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Overview: Where a policeman, injured during a live fire training exercise with other officers, claimed that the city and police chief violated his Fourteenth Amendment right to bodily integrity in a safe working environment, the claim was properly dismissed because, even if the officer had such a right, the complained-of conduct did not shock the conscience.
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| United States v. Edgerton, No. 05-3167,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 22, 2006, Filed
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Overview: Under the Fourth Amendment, a trooper lawfully stopped a vehicle based on reasonable suspicion of a tag violation under Kan. Stat. Ann. § 8-133 because the registration was not readily apparent to him; however, he unlawfully extended the duration of defendant's detention once he identified the posting as a valid Colorado temporary registration tag.
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| United States v. Rx Depot, Inc., No. 05-5003,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 22, 2006, Filed
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Overview: The district court erred in denying disgorgement of profits as a remedy for defendants' admitted violations of the Food, Drug and Cosmetic Act (FDCA), 21 U.S.C.S. § 301 et seq., because the FDCA did not contain a clear legislative command or compel a necessary and inescapable inference precluding disgorgement.
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| Wolters v. Smith, No. 05-3408,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 22, 2006, Filed
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Overview: A prisoner's Bivens complaint against the prison employees was properly dismissed as time-barred under Kan. Stat. Ann. § 60-513(a)(4) because it was filed more than two years after the incidents of assault and retaliation and because the savings statute did not apply when the complaint was filed 10 months after the dismissal of a prior complaint.
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