August 25, 2019

Archives for August 17, 2010

No Colorado Supreme Court Opinions: Week of August 15, 2010

There are no new cases to report.

Colorado Court of Appeals: Week of August 8, 2010 (No Published Opinions)

The Colorado Court of Appeals issued no published opinions and 47 unpublished opinions for the week of August 8, 2010.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. Case announcements are available here.

Tenth Circuit: Opinions, 8/16/10

The Tenth Circuit on Monday issued two published opinions and four unpublished opinions.

Published

In United States v. McGee, the Court affirmed the district court’s denial of Petitioners’ motions for reduction of their sentences. Petitioners were indicted on drug and firearms charges, including conspiracy to distribute cocaine. However, the Sentencing Commission’s policy statements are binding on district courts and “limit their authority to grant motions for reduction of sentences.”

In Valley Forge Insurance Co. v. Heath Care Management Partners, Ltd., the Court affirmed the district court’s award to Respondent Insurers of full reimbursement of their defense costs. After the government brought suit against Petitioners for Medicare and Medicaid fraud, Insurers provided defense for Respondents, “subject to a reservation of rights permitting them to challenge their duty to defend at a later stage.” The reservation of rights letter between the parties constituted a new contract between the parties, and Colorado law permits insurers to recoup defense costs in such circumstances.

Unpublished

United States v. Gibler

Miles v. State of Kansas

United States v. Contreras-Vieras

Franke v. Arup Laboratories, Inc.