DOCSLIB.ORG

A Treatise of Wyoming Workers' Compensation

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
A Treatise of Wyoming Workers' Compensation A Treatise of Wyoming Workers’ Compensation Law First Edition Michael C. Duff Professor of Law University of Wyoming College of Law CALI eLangdell® Press 2019 About the Author Michael C. Duff, a Professor at the University of Wyoming College of Law since 2006, is a Vice Chair of the Workers’ Compensation Committee of the American Bar Association’s Tort Trial and Insurance Practice Section and a fellow of both the American Bar Foundation and the Pound Civil Justice Institute. In 2017, Professor Duff was elected a member of the National Academy of Social Insurance, where he currently serves as a member of the workers’ compensation data panel. Professor Duff is widely considered one of the leading national experts on workers’ compensation systems and is quoted frequently by the national press. He has written extensively on various complex labor and employment matters, including preemption issues emerging from the interplay of Title I of the federal Employee Retirement Income Security Act (ERISA) and state workers’ compensation systems. He is also a nationally recognized expert and commentator on labor issues arising from the National Labor Relations Act and has been quoted on labor law matters in various national publications including the Guardian, Bloomberg, the Huffington Post, the Nation, ThinkProgress, and In These Times. Professor Duff is the author of a workers’ compensation textbook and the co-author of a labor law textbook, both published by Carolina Academic Press. Professor Duff teaches the University of Wyoming College of Law’s courses in Torts I, Labor Law, Workers’ Compensation Law, and Bankruptcy. He has also taught Administrative Law, Evidence, Alternative Dispute Resolution in the Workplace, Introduction to Law, and Employee Benefits Law. An experienced legal practitioner, Professor Duff spent nearly a decade working as an attorney, adjudicative official, and investigator in various National Labor Relations Board offices immediately prior to joining the University of Wyoming College of Law’s faculty. Before engaging in federal government law practice, Professor Duff worked for two years as an associate attorney in a high-volume, progressive law firm in Maine—McTeague, Higbee & MacAdam—where he represented injured workers and labor unions. In his fifteen-year work life preceding the study of the law, Professor Duff was for eleven years a Teamsters’ Union shop steward and blue-collar ramp service worker in the airline industry, leaving that occupation in 1992 to focus on the study of labor law at the Harvard Law School. 1 Notices This is the first edition of A Treatise of Wyoming Workers’ Compensation Law, updated November, 2019. Visit https://www.cali.org/the-elangdell-bookstore for the latest version and for revision history. This work by Michael C. Duff is licensed and published by CALI eLangdell Press under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0). CALI and CALI eLangdell Press do not assert copyright in US Government works or other public domain material included herein. Permissions beyond the scope of this license may be available through [email protected]. In brief, the terms of that license are that you may copy, distribute, and display this work, or make derivative works, so long as • you give CALI eLangdell Press and the author credit; • you do not use this work for commercial purposes; and • you distribute any works derived from this one under the same licensing terms as this. Suggested attribution format for original work: Michael C. Duff, A Treatise of Wyoming Workers’ Compensation Law, Published by CALI eLangdell Press. Available under a Creative Commons BY-NC-SA 4.0 License. CALI® and eLangdell® are United States federally registered trademarks owned by the Center for Computer-Assisted Legal Instruction. The cover art design is a copyrighted work of CALI, all rights reserved. The CALI graphical logo is a trademark. Should you create derivative works based on the text of this book or other Creative Commons materials therein, you may use this book’s cover art and the aforementioned logos, as long as your use does not imply endorsement by CALI. For all other uses beyond the scope of this license, please request written permission from CALI. This material does not contain nor is intended to be legal advice. Users seeking legal advice should consult with a licensed attorney in their jurisdiction. The editors have endeavored to provide complete and accurate information in this book. However, CALI does not warrant that the information provided is complete and accurate. CALI disclaims all liability to any person for any loss caused by errors or omissions in this collection of information. 2 About CALI eLangdell Press The Center for Computer-Assisted Legal Instruction (CALI®) is: a nonprofit organization with over 200 member US law schools, an innovative force pushing legal education toward change for the better. There are benefits to CALI membership for your school, firm, or organization. ELangdell® is our electronic press with a mission to publish more open books for legal education. How do we define "open?" • Compatibility with devices like smartphones, tablets, and e-readers; as well as print. • The right for educators to remix the materials through more lenient copyright policies. • The ability for educators and students to adopt the materials for free. Find available and upcoming eLangdell titles at elangdell.cali.org. Show support for CALI by following us on Twitter, and by telling your friends and colleagues where you received your free book. 3 Acknowledgements To: My beloved family: Victoria, Isabel, and Daniel With respect to the creation of this volume, I want to acknowledge the excellent and hard work of my principal student research assistants, John Hornbaker IV and Jeremy Meerkreebs, who are destined to be great lawyers. Thanks are also due to my former students (and now lawyers) Nathan Ridgway and Christopher Brennan, who performed important research on early chapter drafts. I am also grateful for the help I have received along the way from a group of Wyoming practitioners, who are almost impossibly generous with their time in responding to my frequent pinpoint practice questions. Nevertheless, in a work of this kind, there will doubtless be errors—even when supported by such an outstanding team. And all errors are mine and mine alone. MCD 4 Contents ABOUT THE AUTHOR ...................................................................................... 1 NOTICES............................................................................................................... 2 ABOUT CALI ELANGDELL PRESS ................................................................ 3 ACKNOWLEDGEMENTS ................................................................................. 4 1 INTRODUCTION TO THE WYOMING WORKERS’ COMPENSATION ACT .................................................................................... 11 1.1 History and Purpose of Workers’ Compensation ......................................... 11 1.2 History and Purpose of Wyoming Workers’ Compensation ........................ 13 1.3 Uniqueness of Wyoming’s Workers’ Compensation Statute ........................ 14 1.4 Fault is Irrelevant Under Wyoming Statute ................................................. 17 1.5 Exclusive Remedy Rule Generally ............................................................... 17 1.6 Exclusive Remedy Rule in Wyoming ........................................................... 18 1.7 Co-Employee Immunity Generally .............................................................. 21 1.8 Co-Employee Liability in Wyoming ............................................................. 22 2 PERSONS COVERED BY THE WYOMING WORKERS’ COMPENSATION ACT .................................................................................... 24 2.1 Who is an Employee? ................................................................................... 24 2.2 Who is an Employee Under the Wyoming Workers’ Compensation Act? .... 24 2.3 Undocumented Workers in Wyoming .......................................................... 27 2.4 Extraterritoriality in Wyoming .................................................................... 30 2.5 Joint Employee in Wyoming ........................................................................ 30 2.6 Employee Definitions Not Interchangeable in Wyoming .............................. 30 2.7 Wyoming Independent Contractor Law ...................................................... 31 5 2.8 Tort Law versus Workers’ Compensation Law Generally ........................... 34 2.9 Restatement Second of Agency Test (National) ............................................ 34 2.10 National Flurry of “Gig Laws” in 2018 ........................................................ 36 2.11 ABC Approach (National) ........................................................................... 38 2.12 Who is an Employer in Wyoming? .............................................................. 39 2.13 Wyoming-Specific Employer Inclusions ....................................................... 39 2.14 Employers in Wyoming Sometimes Not Specifically Defined ....................... 40 2.15 Contract of Hire in Wyoming ...................................................................... 41 2.16 Joint Employer in Wyoming ........................................................................ 41 2.17 Extrahazardous Employment Generally .....................................................
Load more

Recommended publications
  • 50 State Survey(Longdoc)
    AGREEMENTS TO INDEMNIFY & GENERAL LIABILITY INSURANCE: A Fifty State Survey WEINBERG WHEELER H U D G I N S G U N N & D I A L TABLE OF CONTENTS Introduction 1 Alabama 4 Alaska 7 Arizona 12 Arkansas 15 California 19 Damages arising out of bodily injury or death to persons. 22 Damage to property. 22 Any other damage or expense arising under either (a) or (b). 22 Colorado 23 Connecticut 26 Delaware 29 Florida 32 Georgia 36 Hawaii 42 Idaho 45 Illinois 47 Indiana 52 Iowa 59 Kansas 65 Kentucky 68 Louisiana 69 Maine 72 Maryland 77 Massachusetts 81 Michigan 89 Minnesota 91 Mississippi 94 Missouri 97 Montana 100 Nebraska 104 Nevada 107 New Hampshire 109 New Jersey 111 New Mexico 115 New York 118 North Carolina 122 North Dakota 124 Ohio 126 Oklahoma 130 Oregon 132 Pennsylvania 139 Rhode Island 143 South Carolina 146 South Dakota 150 Tennessee 153 Texas 157 Utah 161 Vermont 165 Virginia 168 Washington 171 West Virginia 175 Wisconsin 177 Wyoming 180 INTRODUCTION Indemnity is compensation given to make another whole from a loss already sustained. It generally contemplates reimbursement by one person or entity of the entire amount of the loss or damage sustained by another. Indemnity takes two forms – common law and contractual. While this survey is limited to contractual indemnity, it is important to note that many states have looked to the law relating to common law indemnity in developing that state’s jurisprudence respecting contractual indemnity. Common law indemnity is the shifting of responsibility for damage or injury from one tortfeasor to another
    [Show full text]
  • June 29, 2021 Chief Justice Michael K. Davis 307-777-7421 JUDI
    NEWS RELEASE FOR IMMEDIATE RELEASE For more information contact: June 29, 2021 Chief Justice Michael K. Davis 307-777-7421 JUDICIAL NOMINATING COMMISSION ANNOUNCES VACANCY IN CIRCUIT COURT, NINTH JUDICIAL DISTRICT (FREMONT COUNTY) Wyoming Supreme Court Chief Justice Michael K. Davis announced today that Circuit Court Judge Robert B. Denhardt, Ninth Judicial District (Fremont County–Lander), will be retiring effective October 4, 2021. The Judicial Nominating Commission will accept expressions of interest from qualified persons to fill the vacancy through Monday, July 26, 2021. The expression of interest form can be obtained from the Supreme Court’s website, http://www.courts.state.wy.us/Administration/Careers. The completed form must be received in the office of Justice Fox no later than 5:00 p.m., on Monday, July 26, 2021. Please do not submit letters of recommendation, as the Commission will not consider them, but will instead only review documents specifically required by the Expression of Interest. Governor Mark Gordon will appoint the Ninth Judicial District Circuit Court Judge (Fremont County–Lander) from a list of three names submitted to him by the Judicial Nominating Commission. Serving on the Judicial Nominating Commission are the Chief Justice (Justice Fox as of July 1, 2021), three lawyers elected by the Wyoming State Bar: Gay Woodhouse of Cheyenne, Anna Reeves Olson of Casper, and Katherine Strike of Lander; and three non-lawyers appointed by the Governor: Gudrid Espenscheid of Big Piney, Paul Scherbel of Afton, and Dan Kirkbride of Chugwater. TO SERVE AS A CIRCUIT COURT JUDGE, ONE MUST BE A QUALIFIED ELECTOR OF THE STATE, AND AUTHORIZED TO PRACTICE LAW IN WYOMING.
    [Show full text]
  • Remote Access to Court Records
    WYOMING LEGISLATIVE SERVICE OFFICE Remote Access to Court Records Date: June 17, 2019 Author: Tamara Rivale, Senior Staff Attorney Re: Remote Access to Court Records INTRODUCTION around the nation. The Wyoming Judicial This introductory brief provides a high-level Branch has undertaken multiple and ongoing efforts to implement and upgrade technology summary from the Legislative Service Office 1 (LSO) describing the status of remote access in the courts including eFiling, automated to public court records in Wyoming. This jury notification, and courtroom technology. topic was added to the interim work of the These efforts, although related, are distinct Joint Appropriations Committee (JAC) by from the JAC interim topic, which focuses on Management Council at its March 22, 2019 remote access to court records. The following meeting. Specifically, the approved topic definitions from the Wyoming Supreme states: Court's Rules Governing Access to Court Records help illustrate the scope of this The Committee will review the status of interim topic: storage and access to public court records and documents, especially within the • "Court records" means case records and district and circuit courts, to improve administrative records, in whatever access, including access for documents format, except personnel records, judicial necessary for background checks. The or judicial staff work product, internal Committee will review and consider the electronic or physical mail, memoranda or revenues used to fund implementation of drafts, appellate case assignments, and needed and desired technology upgrades, records made confidential by statute, including subscription-based funding administrative rule, court rule, or court models utilized in other states, i.e., Utah, order.
    [Show full text]
  • In the Supreme Court, State of Wyoming
    IN THE SUPREME COURT, STATE OF WYOMING April Term, A.D. 2014 In the Matter of the Repeal of the Rules of the ) Wyoming Supreme Court Providing for the ) Organization and Government of the Bar ) Association and Attorneys at Law of the ) State of Wyoming and ) The Adoption of Rules Governing the Wyoming ) State Bar and the Authorized Practice of Law ) ORDER REPEALING THE RULES OF THE SUPREME COURT OF WYOMING PROVIDING FOR THE ORGANIZATION AND GOVERNMENT OF THE BAR ASSOCIATION AND ATTORNEYS AT LAW OF THE STATE OF WYOMING AND ORDER ADOPTING RULES GOVERNING THE WYOMING STATE BAR AND THE AUTHORIZED PRACTICE OF LAW The Officers and Commissioners of the Wyoming State Bar have recommended that the Court repeal the Rules of the Supreme Court of Wyoming Providing for the Organization and Government of the Bar Association and Attorneys at Law of the State of Wyoming and replace those rules with the attached proposed Rules Governing the Wyoming State Bar and the Authorized Practice of Law. The Court, having carefully reviewed the proposed rules, finds that the existing rules should be repealed and the proposed rules should be adopted. It is, therefore, ORDERED that effective immediately, the Rules of the Supreme Court of Wyoming Providing for the Organization and Government of the Bar Associations and Attorneys at Law of the State of Wyoming are repealed; and it is further ORDERED that the attached Rules Governing the Wyoming State Bar and the Authorized Practice of Law, be and hereby are adopted to be effective immediately; and it is further ORDERED that this order and the attached rules be published in the advance sheets of the Pacific Reporter and in the Wyoming Court Rules Volume.
    [Show full text]
  • HERRERA V. WYOMING
    (Slip Opinion) OCTOBER TERM, 2018 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus HERRERA v. WYOMING CERTIORARI TO THE DISTRICT COURT OF WYOMING, SHERIDAN COUNTY No. 17–532. Argued January 8, 2019—Decided May 20, 2019 An 1868 treaty between the United States and the Crow Tribe prom- ised that in exchange for most of the Tribe’s territory in modern-day Montana and Wyoming, its members would “have the right to hunt on the unoccupied lands of the United States so long as game may be found thereon . and peace subsists . on the borders of the hunt- ing districts.” 15 Stat. 650. In 2014, Wyoming charged petitioner Clayvin Herrera with off-season hunting in Bighorn National Forest and being an accessory to the same. The state trial court rejected Herrera’s argument that he had a protected right to hunt in the for- est pursuant to the 1868 Treaty, and a jury convicted him. On ap- peal, the state appellate court relied on the reasoning of the Tenth Circuit’s decision in Crow Tribe of Indians v. Repsis, 73 F. 3d 982— which in turn relied upon this Court’s decision in Ward v.
    [Show full text]
  • In the Supreme Court, State of Wyoming
    2019 STATE OF THE JUDICIARY Michael K. Davis, Chief Justice Delivered before a Joint Session of the Wyoming State Legislature January 9, 2019 Mr. President, Mr. Speaker, Governor and Mrs. Gordon, members of the Sixty-Fifth Wyoming Legislature, elected officials, members of the judiciary, guests and citizens of the State of Wyoming. It is an honor to speak to you on behalf of the dedicated men and women who serve in the judicial branch of our state’s government. Thank you, President Perkins and Speaker Harshman, for the opportunity to do so. I am pleased to report that the State of the Wyoming Judiciary is strong. It has been a year of transitions and changes for the judiciary. Justice William Hill retired earlier this year, and Justice Lynne Boomgaarden has taken his seat on the Court. Justice Jim Burke retired in October of this year, and his seat has been filled by Justice Kari Jo Gray. Justices Boomgaarden and Gray have been hard at work producing excellent opinions, and the rest of the Court, although we miss our retired colleagues, is enjoying working with them in our common goal of rendering justice for the citizens of Wyoming. Two district judges also retired this year. Judge Bob Skar of the Fifth Judicial District, based in Worland, left the judiciary after many years of faithful service in a number of positions of public trust, and his big shoes have been filled by Judge Bobbi Overfield. Judge Tom Sullins, who has been a role model to many of us both as lawyers and judges, has retired effective January 7, and his post has been filled by Judge Kerri Johnson.
    [Show full text]
  • In This Issue
    COURT MANAGER IN THIS ISSUE The Integration of Judicial Independence and Judicial Administration NACM Midyear Conference Keynote Presentations Showcase Workshop Summaries The Changing Face of Justice in a New Century Exhibitors and Sponsors A PUBLICATION OF THE NATIONAL ASSOCIATION FOR COURT MANAGEMENT THE COURT MANAGER VOLUME 24 ISSUE 2 1 Volume 24 Number 2 Summer 2009 contents p. 6 p. 16 p. 19 p. 30 features DEPArtMENTS 3 President’s Message 5 The Integration of Judicial Independence and 4 Editor’s Notes Judicial Administration: The Role of Collegiality 32 Washington Review in Court Governance 34 Jury News By R. Dale Lefever 38 A Question of Ethics 42 Technology FACTs 13 NACM Midyear Conference 44 NACM New Members 47 Sustaining Members 14 Keynote Presentations 48 NACM Board of Directors 48 Membership Information 16 Showcase Workshop Summaries 25 The Changing Face of Justice in a New Century: EDITOR ANDRA MOTYKA The Challenges It Poses to State Courts and Superior Court Administrator, Pierce County Superior Court 930 Tacoma Avenue S., Room 334, Tacoma, WA 98402 Court Management (253) 798-3963, Fax: (253) 798-7214, [email protected] By Chief Justice John T. Broderick Jr. MANAGING EDITOR LORIE J. GÓMEZ Publications Manager, National Center for State Courts 300 Newport Ave., Williamsburg, VA 23185 31 Exhibitors and Sponsors (757) 259-1532, Fax: (757) 564-2114, [email protected] A PUBLICATION OF THE NATIONAL ASSOCIATION FOR COURT MANAGEMENT Court Manager Volume 24 Number 2 Summer 2009 ©2009, National Association for Court Management; printed in the United States. Court Manager is published quarterly by the National Association for Court Management.
    [Show full text]
  • August 2, 2021 Chief Justice Kate M. Fox 307-777-7573 JUDICIAL
    NEWS RELEASE FOR IMMEDIATE RELEASE For more information contact: August 2, 2021 Chief Justice Kate M. Fox 307-777-7573 JUDICIAL NOMINATING COMMISSION ANNOUNCES VACANCY IN CIRCUIT COURT, FIFTH JUDICIAL DISTRICT (PARK COUNTY) Wyoming Supreme Court Chief Justice Kate M. Fox, who acts as Chairman of the Judicial Nominating Commission, announced today that Circuit Court Judge Bruce B. Waters, Fifth Judicial District (Park County), will be retiring effective December 3, 2021. The Judicial Nominating Commission will accept expressions of interest from qualified persons to fill the vacancy through Monday, August 30, 2021. The expression of interest form can be obtained from the Supreme Court’s website, http://www.courts.state.wy.us/Administration/Careers. The completed form must be received in the office of Chief Justice Fox no later than 5:00 p.m., on Monday, August 30, 2021. Please do not submit letters of recommendation, as the Commission will not consider them, but will instead only review documents specifically required by the expression of interest. Governor Mark Gordon will appoint the Fifth Judicial District Circuit Court Judge (Park County) from a list of three names submitted to him by the Judicial Nominating Commission. Serving on the Judicial Nominating Commission are Chief Justice Fox, three lawyers elected by the Wyoming State Bar: Gay Woodhouse of Cheyenne, Anna Reeves Olson of Casper, and Katherine Strike of Lander; and three non-lawyers appointed by the Governor: Gudrid Espenscheid of Big Piney, Paul Scherbel of Afton, and Dan Kirkbride of Chugwater. TO SERVE AS A CIRCUIT COURT JUDGE, ONE MUST BE A QUALIFIED ELECTOR OF THE STATE, AND AUTHORIZED TO PRACTICE LAW IN WYOMING.
    [Show full text]
  • STATE COURT ADMINISTRATORS 1997 Annual Meeting
    Conference of CHIEF JUSTICES Conference of STATE COURT ADMINISTRATORS 1997 Annual Meeting Cleveland, Ohio Conference of Conference of Chief Justices State Court Administrators Abrahamson, Shirley S. Wisconsin Baldwin, Robert N. Virginia Amestoy, Jeffrey L. Vermont Bauermeister, Mercedes M. Puerto Rico Anderson, E. Riley Tennessee Becker, Daniel Utah Andreu-Garda, Jose A. Puerto Rico Benedict, Jerry L. Texas Arnold, W. H. (Dub) Arkansas Berson, Steven V. Colorado Bell, Robert M. Maryland Broderick, Michael F. Hawaii Benham, Robert Georgia Buenger, Michael L. South Dakota Benton, Duane Missouri Byers, David K. Arizona Brock, David A. New Hampshire Cameron, Dallas A., Jr. North Carolina Callahan, Robert J. Connecticut Chenovick, Patrick A. Montana Calogero, Pascal E, Jr. Louisiana Ciancia, James J. New Jersey Carrico, Harry L. Virginia Click, Kingsley W. Oregon Carson, Wallace P., Jr. Oregon Cole, Stephanie J. Alaska Chapel, Charles S. Oklahoma Collins, Hugh M. Louisiana Durham, Barbara Washington Conyers, Howard W. Oklahoma Finney, Ernest A., Jr. South Carolina Dosal, Sue K. Minnesota F1aherj:y, John P. Pennsylvania Doss, Robert L., Jr. Georgia Franchini, Gene E. New Mexico Ferrell, Charles E. Tennessee Freeman, Charles E. Illinois Ferry, John D., Jr. Michigan George, Ronald M. California Gingerich, James D. Arkansas Hodge, Verne A. Virgin Islands Glessner, James T. Maine Hooper, Perry 0., Sr. Alabama Goodnow, Donald D. New Hampshire Kauger, Yvonne Oklahoma Greacen, John M. New Mexico Kaye, Judith S. New York Gregory, Frank W. Alabama Keith, A. M. (Sandy) Minnesota Groundland, Lowell L. Delaware Kogan, Gerald Florida Guerrero, Edward C. D. Northern Mariana Islands Kruse, E Michael American Samoa Hammond, Ulysses B. District of Columbia Lee, Dan M.
    [Show full text]
  • Certificate of Good Standing List of Contacts
    CERTIFICATE OF GOOD STANDING LIST OF CONTACTS This list is provided to assist you in obtaining Certificates of Good Standing from the jurisdictions where you have been admitted to practice. Certificates of Good Standing must include the date of your admission. ALABAMA LOUISIANA OHIO Supreme Court Clerk Louisiana Supreme Court Office of Attorney Services COGS Request Clerk of Court OKLAHOMA ALASKA MAINE Oklahoma Supreme Court Clerk of Appellate Courts Attorney Records Clerk of the Appellate Court Board of Overseers of the Bar ARIZONA OREGON Supreme Court of Arizona MARYLAND Oregon Supreme Court Certification and Licensing Division Court of Appeals of Maryland PENNSYLVANIA ARKANSAS MASSACHUSETTS Supreme Court Supreme Court Clerk Supreme Judicial Court for The County of Suffolk RHODE ISLAND CALIFORNIA Supreme Court Clerk’s Office The State Bar of California MICHIGAN Membership Services Michigan Supreme Court SOUTH CAROLINA Clerk’s Office Supreme Court of South Carolina COLORADO Colorado Supreme Court MINNESOTA SOUTH DAKOTA Office of Attorney Registration Minnesota Supreme Court Supreme Court Clerk’s Office Lawyer Registration Office CONNECTICUT TENNESSEE Clerk of the Superior Court MISSISSIPPI Appellate Court Clerk’s Office Hartford Judicial District Mississippi Supreme Court Supreme Court Clerk’s Office TEXAS DELAWARE Clerk of the Supreme Court Clerk of the Supreme Court MISSOURI Office of the Clerk UTAH DISTRICT OF COLUMBIA of the Supreme Court General Counsel’s Office of the Utah District of Columbia Court of Appeals State Bar MONTANA
    [Show full text]
  • In the Supreme Court of the United States
    No. 19-7810 In the Supreme Court of the United States ________♦_______ DALE WAYNE EATON, Petitioner, v. MIKE PACHECO, Wyoming State Penitentiary Warden, Respondent. ________♦_______ ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ________♦_______ RESPONDENT’S BRIEF IN OPPOSITION TO PETITION FOR WRIT OF CERTIORARI ________♦_______ BRIDGET HILL Wyoming Attorney General JENNY L. CRAIG Deputy Attorney General Counsel of Record 2320 Capitol Avenue Cheyenne, WY 82002 Telephone: (307) 777-7977 [email protected] Counsel for Respondent ***CAPITAL CASE*** QUESTIONS PRESENTED I. Whether a state court has adjudicated the performance prong of a Strickland v. Washington Claim on the merits within the meaning of 28 U.S.C. § 2254(d) when the habeas petitioner alleges different performance deficiencies supported by new evidence that fundamentally alters the claim that was presented to the state court? II. Whether 28 U.S.C. § 2254(d)(2) is triggered by unfair state court fact-finding procedures? III. Whether the appropriate standard of review for a federal habeas petition is waivable by the petitioner? TABLE OF CONTENTS TABLE OF CASES AND AUTHORITIES ........................................................................... iii OPINIONS BELOW ................................................................................................................... 1 JURISDICTION .......................................................................................................................... 1 CONSTITUTIONAL
    [Show full text]
  • Navigating Contractual Nonperformance Guide to U.S
    Navigating contractual nonperformance Guide to U.S. force majeure September 2020 Navigating contractual nonperformance Guide to U.S. force majeure The information in this guide is accurate as of August 2020. Navigating contractual nonperformance Guide to U.S. force majeure Examining the law Disputes regarding whether a party’s contractual obligations are effectively excused are inevitable given the COVID-19 pandemic’s ongoing disruptions to commerce. When is contractual performance excused? We have attempted to review all U.S. cases involving force majeure disputes and similar common law defenses to nonperformance. This guide cites to more than 1,000 decisions and aggregates the governing caselaw within each U.S. state, the District of Columbia, and Puerto Rico. We focus on cases involving: the enforceability of contractual force majeure provisions including a focus on causation, 1. mitigation, and foreseeability requirements; common law concepts such as impossibility where no contractual force majeure provisions 2. exist; and application to the sale of goods context, including demands for adequate assurances, 3. commercial impracticability, and substitute performance. Should you need to discuss any issue in more detail please feel free to contact us. Matt Gatewood Meghana Shah Partner Partner Principal Author and Editor T: +1 202 383 0122 T: +1 202 389 5077 mattgatewood meghanashah @eversheds-sutherland.com @eversheds-sutherland.com 3 Navigating contractual nonperformance Guide to U.S. force majeure Contents Alabama .........................................................
    [Show full text]