If you are unable to see this message, click here to view it in a web browser.

Justia Daily Opinion Summaries

US Court of Appeals for the Tenth Circuit
January 10, 2020

Table of Contents

Dental Dynamics v. Jolly Dental Group

Business Law, Civil Procedure, Contracts

United States v. Uintah Valley Shoshone Tribe

Environmental Law, Native American Law, Real Estate & Property Law, Zoning, Planning & Land Use

Are You a Lawyer? The Justia Lawyer Directory boasts over 1 million visits each month.

Click here to remove Verdict from subsequent Justia newsletter(s).

New on Verdict

Legal Analysis and Commentary

Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?

VIKRAM DAVID AMAR, JASON MAZZONE

verdict post

Illinois law dean Vikram David Amar and professor Jason Mazzone evaluate the suggestion made by some that the votes of senators on President Trump’s impeachment can and should be private. Amar and Mazzone argue that while the text of the Constitution alone does not foreclose secrecy, structural, prudential, and logistical considerations strongly disfavor a secret vote on the matter.

Read More

US Court of Appeals for the Tenth Circuit Opinions

Dental Dynamics v. Jolly Dental Group

Docket: 18-6107

Opinion Date: January 9, 2020

Judge: Timothy M. Tymkovich

Areas of Law: Business Law, Civil Procedure, Contracts

At issue in this case was whether a federal court sitting in Oklahoma had specific jurisdiction over Dr. Scott Jolly, a dentist and Arkansas resident, and his Limited Liability practice, Jolly Dental Group, LLC. Dental Dynamics, LLC argued that three isolated business transactions and an allegedly fraudulent contract were sufficient to establish federal court jurisdiction over its breach of contract and fraud claims. The Tenth Circuit disagreed, finding Jolly Dental's contacts with Oklahoma were "too random, fortuitous, and attenuated" to establish personal jurisdiction there. With respect to Denta; Dynamics' fraud claim, the Court concluded Dental Dynamics failed to show conduct sufficiently targeted to Oklahoma to establish personal jurisdiction there.

Read Opinion

Are you a lawyer? Annotate this case.

United States v. Uintah Valley Shoshone Tribe

Docket: 18-4151

Opinion Date: January 9, 2020

Judge: Timothy M. Tymkovich

Areas of Law: Environmental Law, Native American Law, Real Estate & Property Law, Zoning, Planning & Land Use

The United States sought to enjoin the Uintah Valley Shoshone Tribe and several individual members from selling hunting and fishing licenses that authorized members to take wildlife from the Uintah and Ouray Reservation. The Uintah Valley Shoshone Tribe was not a federally recognized Indian tribe, but it nonetheless claimed to have tribal rights, including hunting and fishing rights, related to the Reservation. The district court held the Tribe had no authority to issue licenses. The court, however, declined to issue a permanent injunction prohibiting the issuance of future licenses against both the individual defendants and the Tribe. The Tenth Circuit agreed with the district court that the Uintah Valley Shoshone Tribe lacks authority to issue hunting and fishing licenses, and found the district court did not abuse its discretion in declining to issue a permanent injunction.

Read Opinion

Are you a lawyer? Annotate this case.

About Justia Opinion Summaries

Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states.

Justia also provides weekly practice area newsletters in 63 different practice areas.

All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.

You may freely redistribute this email in whole.

About Justia

Justia is an online platform that provides the community with open access to the law, legal information, and lawyers.

Justia

Contact Us| Privacy Policy

Unsubscribe From This Newsletter

or
unsubscribe from all Justia newsletters immediately here.

Facebook Twitter LinkedIn Justia

Justia | 1380 Pear Ave #2B, Mountain View, CA 94043