Tag Archives: Judge Paul Kelly

Tenth Circuit Judge Paul Kelly to take senior status.

The U.S. Courts’ list of future judicial vacancies now indicates that Tenth Circuit Judge Paul Kelly will take senior status on a date yet to be announced. Judge Kelly was appointed to the Tenth Circuit in 1991 by President George … Continue reading

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10th Circuit rejects Osage tribal members’ claim that trust accounting should have covered longer time period

In Fletcher v. United States, the Tenth Circuit (in an opinion by Judge Paul Kelly) rejected claims by members of the Osage Tribe of Oklahoma that the district court improperly limited the government’s obligation to perform an accounting of revenues … Continue reading

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Tenth Circuit upholds lawyer’s conviction for tax evasion

Today the Tenth Circuit upheld a Kansas lawyer’s conviction for tax evasion, rejecting his arguments that insufficient evidence was presented to prove an “affirmative act” designed to conceal or mislead, and insufficient evidence to prove willfulness. Here the defendant named … Continue reading

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10th Circuit affirms Windstream’s win in sex and age discrimination case

The Tenth Circuit has affirmed a summary judgment that Windstream Communications obtained against the plaintiff, Susan Bennett, who alleged that the company had engaged in sex and age discrimination. See Bennett v. Windstream Communications, Inc.  One wonders why this case … Continue reading

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10th Circuit rules in favor of same-sex marriage; Judge Kelly of N.M. dissents

This morning the Tenth Circuit issued its much-anticipated decision in Kitchen v. Herbert, affirming the decision of a federal district court striking down Utah’s marriage law, which restricted marriage to one man and one woman, and holding that the United … Continue reading

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Coming Soon: the 23rd annual New Mexico Appellate Practice Institute

The State Bar of New Mexico will be holding its 23rd Annual Appellate Practice Institute on Friday, September 14 at the State Bar Center in Albuquerque. As usual, the Appellate Practice Section has put together a great program.  Several judges … Continue reading

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Tenth Circuit reverses $13 million jury verdict against BP America

On Wednesday, the Tenth Circuit, in Abraham v. BP America Production Company, reversed a $13 million jury verdict against the defendant in a royalty dispute because irrelevant and prejudicial evidence was admitted.  The decision, by Judge Paul Kelly, contains an important reminder … Continue reading

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