LEVORSEN v. OCTAPHARMA PLASMA, INC.

No. 14-4162.

828 F.3d 1227 (2016)

Brent LEVORSEN, Plaintiff-Appellant, v. OCTAPHARMA PLASMA, INC., Defendant-Appellee. United States of America; Plasma Protein Therapeutics Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED July 12, 2016.


Attorney(s) appearing for the Case

Ryan C. Downer , Relman, Dane & Colfax PLLC, Washington, D. C. ( Sasha Samberg-Champion and Michael Allen , Relman, Dane & Colfax PLLC, Washington, D. C., and Aaron M. Kinikini Disability Law Center, Salt Lake City, Utah, with him on the briefs), for Plaintiff-Appellant.

Cary B. Davis , Robinson Bradshaw & Hinson, P.A., Charlotte, N.C. ( Charles E. Johnson , Robinson Bradshaw & Hinson, P.A., Charlotte, N.C., and Lisa A. Yerkovich , and Liesel Brand Stevens , Ray Quinney & Nebeker, Salt Lake City, Utah, with her on the brief), for Defendant-Appellee.

Nathaniel S. Pollock , U.S. Department of Justice, Washington, D.C., ( Vanita Gupta , Principal Deputy Assistant Attorney General, and Tovah R. Calderon , U.S. Department of Justice, Washington, D.C., with him on the brief) for United States of America, Amicus Curiae.

Joshua Penrod and John T. Delacourt , Plasma Protein Therapeutics Association, Washington, D. C.; Joseph A. Boyle , Kelley Drye & Warren, LLP, Parsippany, New Jersey, filed a brief for Plasma Protein Therapeutics Association, Amicus Curiae.

Before BRISCOE, HOLMES, and MORITZ, Circuit Judges.


Some statutes are so "enigmatic" that we must resort to diagraming their clauses in an effort to discern their meanings. See, e.g., United States v. Rentz, 777 F.3d 1105, 1106, 1109 (10th Cir. 2015) (parsing 18 U.S.C. § 924(c)(1)(A)'s "bramble of prepositional phrases"). Others...

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