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| Akers v. Martin, No. 06-3273,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: Dismissal of a prisoner's Bivens action pursuant to 28 U.S.C.S. § 1915A for failure to state a claim on which relief could be granted was affirmed because, to the extent the prisoner sought monetary damages, success on the merits of the case would necessarily imply the invalidity of his criminal conviction, making Heck v. Humphrey applicable.
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| Buckardt v. Albertson's, Inc., No. 06-8005,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: Because results of two functional capacity evaluations, both of which concluded that an employee was capable of modified sedentary work, provided substantial evidence upon which a decision to deny ERISA, long-term disability benefits could have been based, a district court erred in granting the employee summary judgment.
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| Gladwell v. Scofield, No. 06-1282,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: A district court's failure to consider the basis for a plaintiff's Fed. R. Civ. P. 60(b) motion or to provide any justification for the denial of the motion amounted to a failure to exercise discretion which constituted an abuse of the discretion; the court reversed the denial and remanded the matter for further proceedings.
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| McDonald v. N. Am. Specialty Ins. Co., No. 06-7045,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: Denial of mining company's posttrial motion for judgment as a matter of law in subrogation suit was affirmed because jury could infer that poultry houses' fair market value before company's blasting was $ 170,000, and afterward their value was zero. Standard of care for blasting was irrelevant to judgment, as blasting was ultrahazardous conduct.
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| Pritchett v. Astrue, No. 06-5130,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: Court of appeals remanded district court's judgment affirming ALJ's decision that claimant who alleged he was disabled was not eligible for SSDI benefits because there was a conflict between ALJ's finding that claimant could only perform simple, repetitive, and routine tasks and his finding that claimant could work as self-service store attendant.
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| Reyes v. Sedillo, No. 06-3234,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: Prison employees who required inmate to work longer hours during a lock down were not liable for fees inmate paid to attorney he hired to pursue his appeal because he could not prepare his own appeal, and district court properly dismissed inmate's complaint under 28 U.S.C.S. § 1915A(b) for failure to state claim upon which relief could be granted.
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| Scull v. United States, No. 07-2063,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: Because the inmate failed to make a prima facie showing of either newly discovered evidence of his actual innocence or an entitlement to relief under any newly recognized and retroactively applied rule of constitutional law, his motion for leave to file a second or successive motion under 28 U.S.C.S. § 2255 was denied.
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| Segovia v. Astrue, No. 05-7008,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: Although district court erred when it found of its own accord that claimant who applied for SSDI benefits could work as an usher and that there were a sufficient number of jobs available to her, remand was not required because record contained other evidence that was sufficient to uphold Commissioner of Social Security's decision denying benefits.
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| Showler v. Harper's Magazine Found., No. 06-7001,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 23, 2007, Filed
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Overview: Summary judgment for photojournalist and magazine was affirmed as to Oklahoma tort claims because there was no actionable claim for invasion of privacy or a violation of Okla. Stat. tit. 21, § 839.1, as soldier's funeral was matter of public interest attended by 1200 people, and publication of photo of open casket did not amount to appropriation.
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