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Tenth Circuit· 1/10/2019

Davilla v. Enable Midstream Partners L.P.

Citations

  • 913 F.3d 959

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • incorporating, “as a matter of so-called ‘federal common law,’” Oklahoma law as rule of decision in federal-law-governed trespass action
  • declining to incorporate state trespass law where doing so would “frustrate federal Indian land policy” by “effectively robbing Indian allottees and the government of meaningful control over alienation”
  • considering federal and state common law to resolve trespass claim brought by Indian landowners
  • “[A] party seeking summary judgment must show the law and available evidence compel the requested outcome.”
  • “[W]e incorporate Oklahoma law into this federal claim so long as it does not frustrate federal policy.”
  • “the movant’s burden of production at the summary judgment stage does not abrogate the nonmovant’s obligation to contest matters of law”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tymkovich, Lucero, Hartz

Read full opinion on CourtListener

Cited by

7 cases in this archive cite this case.

Cites

58 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Davilla v. Enable Midstream Partners L.P.

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.