10th Circuit Court of Appeals
Burke v. Holdman - Argued by Andrew M. Casey
In Burke v. Holdman, 10th Cir. Case No. 17-7060, Andrew Casey represented the estate of an inmate who died after not receiving appropriate medical care. The estate sued multiple defendants in federal court for failure to provide medical care. One defendant, an emergency room doctor, claimed to be immune from suit under Oklahoma’s Governmental Tort Claim Act (GTCA) by virtue of being a state employee. We appealed to the 10th Circuit on the basis that a doctor, with no direct contract to any county entity, cannot claim immunity under the GTCA and requested that the Court of Appeals allow a lawsuit against Dr. Holdman to proceed.
Blanco v. Federal Express Corporation - Argued by Terry M. McKeever
In Blanco vs. Federal Express, 10th Cir. No. 17-6212, Blanco sued Federal Express for its negligent investigation into the theft and recovery of Blanco’s property, stolen by a FedEx employee while in a FedEx facility. The district court granted judgment to Federal Express under the premise the investigation was a service related to the air transport of Blanco’s property, and Blanco’s claims were preempted under the Airline Deregulation Act.
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