August 23, 2019

Archives for September 4, 2010

Tenth Circuit: Opinions, 9/3/10

The Tenth Circuit on Friday issued one published opinion and three unpublished opinions.


In Cook v. Rockwell Int’l Corp., the Court reversed and remanded the district court’s decision. Respondents brought a class action suit against Petitioners, claiming trespass on their property near Rocky Flats by plutonium particles created by Petitioners. The Court found that the district court erred by granting Respondents’ nuisance claim; “no reasonable jury could find that irrational anxiety about a risk that cannot be scientifically verified tips this balance so as to render the interference unreasonable.” Additionally, on re-trial, the jury should be instructed that punitive damages can only be considered if it is found that “the release of plutonium both occurred prior to August 20, 1988, and ultimately caused Plaintiffs’ injury, regardless of whether the injury manifested itself before or after that date.”


Rutti v. Wyoming Attorney General

Trujillo v. Williams

Martinez v. Milyard