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00-6054 -- Camfield v. City of Oklahoma -- 05/04/2001

Details: We do not hold that law enforcement officers must renounce all informal contacts with persons suspected of violating valid laws prohibiting obscenity."), the district court observed in an earlier ruling that an unconstitutional prior restraint may take a "variety of forms," Video Software Dealers, 6 F. Supp.2d at 1296 n.4 (quoting Southeastern

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04-5025 -- Vice v. Blue Cross and Blue Shield of Oklahoma

Details: BLUE CROSS AND BLUE SHIELD OF OKLAHOMA, Defendant-Appellee. No. 04-5025 (D.C. No. CV-02-194-P (M)) ( N.D. Okla.) ORDER AND JUDGMENT(*) Before KELLY, HARTZ, and TYMKOVICH, Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this

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02-6212 -- Bryant v. Independent School District No. I-38

Details: Chase and Charles Bryant brought this action in the District Court for the Western District of Oklahoma pursuant to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., (1994), alleging violations of their civil rights. The Bryants appeal the United States District Court Order granting summary judgment in favor of Independent School District No.

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00-4058 -- Utah Licensed Beverage Association v. Leavitt

Details: 3. Whether Utah's Laws Directly Advance the State's Interests. ULBA next contends that the district court was incorrect when it concluded that, for the purpose of surviving summary judgment, Utah's laws satisfied the third part of Central Hudson. The third part of Central Hudson "concerns the relationship between the harm that underlies the

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96-4194 -- UTE Distribution Corp. V. UTE Indian Tribe

Details: The Tribe, subject to any restrictions contained in the Constitution and laws of the United States, or in the Constitution and By-laws of the Tribe, shall have the following corporate powers, in addition to all powers already conferred or guaranteed by the tribal constitution and by-laws: . . . . (I) To sue and to be sued in courts of competent

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99-8095 -- Phelan v. Laramie County Community College

Details: Furthermore, the oath Ms. Phelan took after elected is a general public service oath, by which Board members pledge to uphold federal and state laws and to "faithfully, honestly, and impartially discharge the duties of Trustee."

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97-6389 -- State of Oklahoma v. U.S. -- 12/03/1998

Details: To be sure, the Supreme Court has noted a logical distinction between generally applicable laws, which incidentally apply to states, and laws compelling States to legislate or regulate in accordance with federal law. Printz, 521 U.S. at ; New York, 505 U.S. at 160. Oppressive federal regulation that "commandeers" a state's sovereign functions

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06-1224 -- Colorado Judicial Department v. Sweeney -- 07

Details: CJD argues that an adjudication of guilt resulting from juvenile delinquency laws is equivalent to a conviction of crime, and, therefore, that restitution--whether ordered against a juvenile or an adult--is nondischargeable because it is "included in a sentence on the debtor's conviction of a crime" under § 1328(a)(3). Background (1)

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96-6278 -- Kiowa Indian Tribe of Oklahoma v. Hoover -- 07

Details: The Tribe claimed Mr. Hoover and Aircraft Equipment, by bringing breach of contract actions against the Kiowa Tribe in Oklahoma state court, and the Judges, by exercising jurisdiction in those actions, deprived the Tribe of rights, privileges and immunities secured to the Tribe by the Constitution and laws of the United States, most

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01-4077 -- U.S. v. Ambort -- 07/24/2002

Details: Believing that TPCS perpetuated "self-serving theories, half truths, [and] misrepresentation[s]," id. at 2, to actively encourage otherwise law abiding citizens to violate the federal tax laws, the IRS developed Operation Phoenix as a coordinated effort to prevent its ongoing criminal efforts. The Prospectus is relevant in this case only

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98-3038 -- Mitchael v. Intracorp, Inc. -- 04/27/1999

Details: Monument Builders of Greater Kansas City, Inc. v. American Cemetery Ass'n of Kansas, 891 F.2d 1473, 1481 (10th Cir. 1989) (quoting 2 J. Von Kalinowski, Antitrust Laws & Trade Regulation § 6.01[3][a][ii], at 6-36 to 6-37 (1989)); see also In re Baby Food Antitrust Litig., 166 F.3d at 122 (noting that courts require "plus factors," which are

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99-1202 -- DeFoor v. Rotella -- 03/24/2000

Details: She also alleged that Howerton and Rotella conspired with each other to deny her equal protection of the laws and equal privileges and immunities of the laws, in violation of the Fifth and Fourteenth Amendments. (2) Rotella filed a motion for summary judgment, claiming he was entitled to qualified immunity from DeFoor's claims.

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01-8089 -- R & G Electric Inc. v. Devon Energy Corp. -- 12

Details: ; Restatement (Second) of Conflict of Laws § 187. If, however, the parties select foreign law contrary to the law, public policy, or the general interests of Wyoming's citizens, Wyoming courts will not enforce the parties' choice of law provision. Smithco Eng'g, Inc. v. Int'l Fabricators, Inc., 775 P.2d 1011, 1018 (Wyo. 1989).

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05-1379 -- Osornio v. T-Mobile USA -- 06/02/2006

Details: Plaintiffs Adrian Osornio, Betsy Martinez, Jessica Williams, Istquia Reyna, Miguel Fontanet, and Mayra Carmona appeal from the district court's entry of summary judgment in favor of defendant T-Mobile USA, Inc., their former employer, on their federal discrimination claims under Title VII of the Civil Rights Act of 1964 and contract or promissory estoppel claims under Colorado state law.

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97-1476 -- Malik v. Arapahoe County Dept. Of Social

Details: Inspector Carr and defendant Roberta Coleman, an officer with the Aurora Police Department, began an investigation into the photos as potential violations of child pornography laws. Of particular concern to both officers was an area of the child's torso that appeared in some photos to indicate that the child's body was bruised.

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04-6231 -- MidAmerica Construction Management v. MasTec

Details: Because in this case the parties agreed to be governed by the laws of Texas and New Mexico, we must determine whether the application of those states' laws to the interpretation of the Subcontract Agreement would violate the law or public policy of Oklahoma as expressed in the state's constitution, statutes, or judicial records. See Oliver v.

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04-2029 -- Derringer v. Denko -- 03/23/2005

Details: R. Doc. 21 at 2. Derringer also filed a Motion for Order of Mandamus to Enforce State Laws asking the district court to "issue an Order to insure that the [Appellees] give [Derringer] his equal protection under the state criminal laws as the [Appellees] are the chief law enforcement agency in the State of New Mexico." R. Doc. 13 at 1.

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98-7027 -- Dry v. CFR Court of Indian Offenses for the

Details: Federal courts have jurisdiction to grant writs of habeas corpus to persons "in custody in violation of the Constitution or laws or treaties of the United States." (1) 28 U.S.C. § 2241(c)(3) (emphasis added). A petitioner must satisfy the "in custody" requirement as a prerequisite to …

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Elisabeth A. Shumaker TENTH CIRCUIT Clerk of Court

Details: 1 Defendants have chosen not to submit a brief in opposition to plaintiff’s appeal. - 3 - responsibility of federal courts to adjudicate federal constitutional questions. We review the district court’s determination on these matters de novo.

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02-5040 -- Wilburn v. Mid-South Health Development Inc

Details: These laws are simply not sufficient to establish the "clear mandate of public policy" necessary to state a Burk tort claim. Burk , 770 P.2d at 28. Plaintiffs point to no provision of the Uniform Controlled Dangerous Substances Act that purports to establish a policy that governs their situation or encourages the type of reporting that occurred

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02-1277 -- Kidneigh v. Unum Life Insurance Co. Of America

Details: Unlike the laws of certain jurisdictions cited by the majority, see Maj. Op. at 7 and 13, the statutory and common law rules governing insurance bad faith tort law in Colorado have not been extended to other situations where special circumstances create unique duties. Compare, e.g., Moffett v.

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01-4134 -- Tool Box v. Ogden City Corp. -- 01/21/2004

Details: Examples of licensing laws with such a nexus are laws governing charity solicitation, parade permits, film censorship, and regulation of handbills, leaflets, or sound trucks. Id. at 756 n.6. The Court later described laws that do not have the requisite "nexus to expression, or to conduct commonly associated with expression":

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01-4134 -- Tool Box v. Ogden City Corp. -- 01/22/2003

Details: Examples of such laws are laws governing charity solicitation, parade permits, film censorship, and regulation of handbills, leaflets, or sound trucks. Id. at 756 n.6. The Court later described laws that do not have the requisite "nexus to expression …

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97-1336 -- Fultz v. Embry -- 10/15/1998

Details: See 1979 Colo. Session Laws, ch. 157, sec. 14, 664, 667; 1984 Colo. Session Laws, ch. 126, 517. These revisions became effective before petitioner committed his offenses in April 1985. See 1979 Colo. Session Laws, ch. 157, sec. 79, 664, 671; 1984 Colo. Session Laws, ch. 126, sec. 7, 517, 524. As is not uncommon, a number of years went by after

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03-4245 -- Ward v. State of Utah -- 02/23/2005

Details: We interpret state laws according to state rules of statutory construction, Citizens for Responsible Gov't State Political Action Comm. v. Davidson, 236 F.3d 1174, 1190 (10th Cir. 2000), and therefore interpret this statute based on its plain language, O'Keefe v.

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98-6325 -- U.S. v. Vasquez-Alvarez -- 05/11/1999

Details: On appeal, Vasquez argues as follows: (1) his arrest did not comport with § 1252c; (2) § 1252c sets forth the only circumstances under which a state or local law enforcement official can arrest for violations of federal immigration laws; and (3) suppression is the appropriate remedy for violations of § 1252c.

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01-2156 -- Martinez v. New Mexico Department of Public

Details: NEW MEXICO DEPARTMENT OF PUBLIC SAFETY; PERRY BOYD, New Mexico State Police Officer, Defendants - Appellants. No. 01-2156 (D.C. No. CIV-00-800-MV/LFG) ( D. New Mexico) Before HENRY and HOLLOWAY, Circuit Judges, and BRORBY, Senior Circuit Judge. After examining the briefs and appellate record, this panel has determined unanimously to grant the

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99-2085 -- Federal Deposit Insurance Corp. V. Schuchmann

Details: Negligence per se is a state law claim governed here by the laws of New Mexico. At first look, the basis for the district court's decision not to instruct the jury on negligence per se seems contrary to New Mexico law, which provides that a violation of a regulation can constitute negligence per …

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97-2226 -- Woodworker's Supply Inc. v. Principal Mutual

Details: The plain language of ERISA provides that it shall preempt state laws that "relate to any employment benefit plan," subject to enumerated exceptions. See 29 U.S.C. § 1144(a). The Supreme Court has frequently acknowledged the expansive scope of ERISA preemption, see, e.g. , Ingersoll-Rand Co. v. McClendon , 498 U.S. 133, 138-39 (1990); Pilot

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99-1215 -- Greene v. Safeway Stores Inc. -- 04/28/2000

Details: Before BRISCOE, McWILLIAMS, and ALARCÓN, (*) Circuit Judges.. ALARCÓN, Circuit Judge.. Safeway Stores, Inc. ("Safeway"), appeals from the July 1997 judgment entered following a jury's verdict in favor of Robert Greene ("Greene"), a former Safeway employee.

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03-1105 -- Sierra Club v. El Paso Gold Mines Inc. -- 08/24

Details: 03-1105 -- Sierra Club v. El Paso Gold Mines Inc. -- 08/24/2005. v. Amicus Curiae. John M. Barth, Hygiene, Colorado (with Paul Zogg, Law Office of Paul Zogg, Boulder, Colorado, and Roger Flynn and Jeff Parsons, Western Mining Action Project, Boulder, Colorado, with him on the brief) for Plaintiffs-Appellees Sierra Club and Mineral Policy Center

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02-2020 -- K & V Scientific Co. V. BMW -- 12/23/2002

Details: * "The laws and courts of Zurich are applicable." Caldas & Sons, Inc. v. Willingham, 17 F.3d 123, 127 (5th Cir. 1994). * "The courts of California, County of Orange, shall have jurisdiction over the parties in any action at law relating to the subject matter or the interpretation of this contract."

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04-3320 -- U.S. v. Islam -- 08/09/2005

Details: A grand jury indicted Defendant Zaheer Ul Islam, a native of Pakistan, for marriage fraud in violation of 8 U.S.C. § 1325(c). (*) Specifically, the grand jury charged Defendant with knowingly entering into a marriage with Angelle Charlene Herbert for the purpose of evading a provision of the immigration laws. A jury convicted Defendant.

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00-6310 -- Mosley v. Snider -- 03/22/2001

Details: The Equal Protection Clause of the Fourteenth Amendment provides that no State may deny any person within its jurisdiction the equal protection of the laws. Mosley has offered no evidence to show that any of the defendants intentionally discriminated against him because of his race or status as an inmate.

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97-5216 -- Boyd Rosene and Associates Inc. v. Kansas

Details: [T]he laws of Illinois . . . could have no applicability in the state of Kansas where [lender] sought to enforce his chattel mortgage, and that the [lender] having followed the remedy prescribed by the laws of Kansas. . . the [debtor] cannot be heard to complain. 157 P. at 99 (emphasis added).

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98-6211 -- Martin v. State of Oklahoma -- 08/28/1998

Details: Carr, No. 94-5014, slip op., 1994 WL 413243, at *2 (10th Cir., Aug. 5, 1994) (finding revised Oklahoma credit system not to violate prohibition on ex post facto laws). Appellant offers no arguments to refute the district court's conclusion that he has not been disadvantaged by …

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04-8085 -- State of Wyoming v. Livingston -- 04/06/2006

Details: When the district court grants Supremacy Clause immunity on a motion to dismiss, we review the district court's decision by asking two questions: (1) Whether the federal officer had authority for his acts under the Constitution or the laws of the United States; and (2) whether there is a disputed issue of fact bearing on whether the federal

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96-4153 -- Viernow v. Euripides Development Corp. -- 09/14

Details: The issues involved herein arguably give rise to the application of the laws of three states. The Corporation was established under the laws of Pennsylvania; the principal place of the Corporation's business is in Utah; and most of the relevant events giving rise to the cause of action occurred in Texas, which is also where Viernow is domiciled.

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03-5188 -- U.S. v. Wood -- 10/18/2004

Details: Federal law assimilates the crime's definition and punishment as set forth in "the laws of the State in which such offense was committed" because burglary is a crime "not defined and punished by Federal law." 18 U.S.C. § 1153(b). The assimilated state law, in effect, becomes federal law, transforming a crime against the state into a crime

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99-8089 -- State of Wyoming v. U.S. -- 02/07/2002

Details: Regulations permitting hunting or fishing of fish and resident wildlife within the System shall be, to the extent practicable, consistent with State fish and wildlife laws, regulations, and management plans. Id. § 668dd(m). The State of Wyoming primarily relies on the first sentence of this "saving clause" to support its claimed right to

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03-6206 -- Jennings v. City of Stillwater -- 09/14/2004

Details: In general, federal courts are not entrusted with the responsibility of ensuring the effective enforcement of state criminal laws; that role falls to state and local law enforcement authorities. It is the duty of executive officials ­ not the courts ­ to take care that the criminal laws are faithfully executed.

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98-5061 -- Cardtoons L.C. v. Major League Baseball Players

Details: The Court held that the railroads were immune from suit because "the Sherman Act does not apply to the activities of the railroads at least insofar as those activities comprised mere solicitation of governmental action with respect to the passage and enforcement of laws." Noerr, 365 U.S. at 138. (2) This immunity was based upon two grounds.

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03-6186 -- Miskovsky v. Gray -- 08/27/2004

Details: I, s 8, cl. 8, of the Constitution and in the implementing federal statutes, of allowing free access to copy whatever the federal patent and copyright laws leave in the public domain"). Thus, for statute of limitations purposes, we believe the claim must be analyzed under § …

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03-3322 -- Prairie Band Potawatomi Nation v. Wagnon -- 03

Details: The district court granted a preliminary injunction in favor of Plaintiff, affirmed by this court on June 25, 2001, prohibiting enforcement of the State motor vehicleregistration and titling laws with respect to vehicles registered and titled by the Tribe. Prairie Band of Potawatomi Indians v. Pierce, 253 F.3d 1234 (2001) ("Prairie Band I").

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04-4006 -- Coldesina v. Estate of Greg P. Simper -- 05/19/2005

Details: (1) laws regulating the type of benefits or terms of ERISA plans; (2) laws creating reporting, disclosure, funding or vesting requirements for such plans; (3) laws providing rules for calculating the amount of benefits to be paid under such plans; and (4) laws and common-law rules providing remedies for misconduct growing out of the

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97-4197 -- Union Pacific Railroad Co. V. State of Utah

Details: First, it may violate the rational basis requirement of the Equal Protection Clause by arbitrarily discriminating against a particular taxpayer contrary to "the applicable State laws or constitutional provisions." Id. at 7. Second, it may violate equal protection by placing interstate carriers in a separate tax category which, while permitted

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04-3018 -- Tootle v. USDB Commandant -- 12/07/2004

Details: Samuel E. Tootle, II is a former military prisoner at the United States Disciplinary Barracks at Fort Leavenworth, Kansas (USDB). He appeals the district court's dismissal, under Feres v.United States, 340 U.S. 135 (1950), and its progeny, of his claims that the defendants violated the Eighth Amendment by deliberately ignoring or being indifferent to his serious medical needs while he resided

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06-5064 -- Chapman v. State of Oklahoma -- 12/19/2006

Details: Finally, the Supreme Court has long held that "[t]he whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the Un ited States." Ankenbrandt v. Richards, 504 U.S. 689, 703 (1992).

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