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| Bruscino v. Pugh, No. 06-1182,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 18, 2007, Filed
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Overview: Appellate court affirmed district court's dismissal of the inmate's FTCA claims against the prison officials where since the officials constituted "other law enforcement officers" under 28 U.S.C.S. § 2680, the FTCA's limited waiver of sovereign immunity did not extend to the inmate's claims, and sovereign immunity robbed the court of jurisdiction.
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| Grain Dealers Mut. Ins. Co. v. Hill, No. 06-7060,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 18, 2007, Filed
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Overview: Summary judgment under Fed. R. Civ. P. 56 for insurer, which claimed it had no contractual obligation to the insured after insured's policy was canceled, was reversed because, under the policy's terms, when the insurer received a payment before the cancellation date it was required to automatically reinstate the policy.
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| Holmes v. Utah, Nos. 05-4179, 05-4180, 05-4199,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 18, 2007, Filed
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Overview: Appellate court upheld judgment dismissing claims filed by female employees who alleged that Utah Department of Workforce Services subjected them to sexually hostile work environment because inappropriate acts allegedly committed by former supervisor who visited his old office after he retired were not sufficient to create hostile work environment.
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| Madrid v. Astrue, No. 06-2235,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 18, 2007, Filed
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Overview: Court affirmed denial of SSDI applicant's motion for attorneys' fees under 28 U.S.C.S. § 2412(d)(1)(A) of the EAJA under an abuse of discretion standard because, although the ALJ erred in failing to request applicant's rheumatoid factor test results, government's position that ALJ's decision should be sustained was not unreasonable in law or fact.
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| United States v. Pelayo-Torres, No. 06-1061,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 18, 2007, Filed
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Overview: Appellate court lacked jurisdiction over defendant's appeal of his sentence where because his sentence arose from the plea agreement, not from the USSG, the district court could not have applied the USSG incorrectly, and since he received the sentence he bargained for, the district court had not exceeded its authority under the agreement.
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| United States v. Salinas, No. 07-6002,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 18, 2007, Filed
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Overview: Government's motion to enforce the plea agreement and dismiss the appeal was granted where defendant's counsel concluded that there was no non-frivolous argument that defendant could raise on appeal, and defendant conceded that the government's motion to enforce was meritorious and that he did not contest the motion.
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| Zhen Rong Lin v. Gonzales, No. 06-9524,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 18, 2007, Filed
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Overview: Alien's petition for review was denied where the IJ's denial of his application for asylum, restriction on removal, and protection under the CAT was supported by substantial evidence since the Form I-213 constituted fundamentally fair and probative evidence and the IJ's credibility determination was detailed in specific, cogently stated reasons.
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