Articles Posted in US Court of Appeals for the Tenth Circuit

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In this appeal, the issue before the Tenth Circuit Court of Appeals was whether the district court correctly held that ACE American Insurance Company (ACE) had no duty to defend and indemnify DISH Network (DISH) in a lawsuit alleging that DISH’s use of telemarketing phone calls violated various federal and state laws. The primary question centered on whether statutory damages and injunctive relief under the Telephone Consumer Protection Act were “damages” under the insurance policies at issue and insurable under Colorado law, or were uninsurable “penalties.” The Court concluded they were penalties under controlling Colorado law, and affirmed the district court’s grant of summary judgment in favor of ACE. View "ACE American Insurance Company v. Dish Network" on Justia Law

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Philip White obtained a judgment for $100,000 in compensatory damages and moved for an award of prejudgment interest. The district court denied the motion, viewing the bulk of the award as compensation for noneconomic damages. White argued on appeal to the Tenth Circuit that the Court should: (1) overrule earlier opinions and find that prejudgment interest was always available for compensatory awards under 42 U.S.C. 1983; or (2) conclude that the district court abused its discretion in disallowing prejudgment interest. The Court rejected both of White's arguments, finding it could not overrule published opinions by other Tenth Circuit panels. Applying an abuse-of-discretion standard, the Tenth Circuit concluded: (1) the district court did not abuse its discretion in denying prejudgment interest on the award of noneconomic compensatory damages; and (2) the district court could reasonably decline to speculate on the amount the jury had regarded as economic damages. View "White v. Wycoff" on Justia Law