Taylor v. Solvay Appeal Case File.

Court of Appeals for the Tenth Circuit, Case No. 07-1202

On October 19, 2001, Mark Taylor filed a lawsuit against Solvay Pharmaceuticals, the makers of Luvox. Mark claimed the Luvox Harris was taking contributed to the Columbine shooting. The case was dismissed and settled for $10,000 on February 6, 2003.

Mark donated the money to breast cancer research because his grandmother died of breast cancer and he didn't want to keep the money.

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Controversies

Mark Taylor's first attorney, the late John DeCamp, pressured him to settle his case, so Mark fired DeCamp and hired another attorney, who also pressured Mark to settle. Mark then hired a third attorney and when entering negotiations, Mark claims Solvay's attorneys threatened him with a lawsuit and said he would end up in jail if he didn't settle.

Mark's mother, Donna Taylor, was not allowed in the courtroom with him and there was a gag order placed on the trial, which is allegedly permanent, according to sources who spoke with some of the attorneys who related they were still under a gag order roughly ten years after the case settled.

Harris and Klebold depositions

The Harris' depositions were taken during this case and were originally ordered to be destroyed. The National Archives and Records Administration (NARA) stepped in as an amicus asserting that the Federal Records Act prohibited the destruction of the depositions. The Klebolds objected to archiving their depositions and wanted them to be disposed of instead, while the Harris' preferred their depositions remain under seal permanently. If the court ordered the depositions to be made public, the Klebolds wanted theirs heavily redacted and did not oppose the disposition of their depositions. In the end, the depositions were transferred to NARA under a 25-year seal set to expire in 2027.

This contradicts what Sue Klebold wrote in her book.

From A Mother's Reckoning by Sue Klebold:
I am not allowed to talk about what happened during the depositions, except to say it was terribly painful and (I believe) unsatisfying for everyone involved.

The sealed transcripts of the proceedings gave the impression we were hiding something - again. I wanted to share the transcripts with the public. Why not? I was tired of fielding the implication I had something to hide when I spent my days hunting for answers. And, unlike the Basement Tapes, there was no danger of contagion from releasing them.

Unfortunately, it wasn't my decision. The judge decided to seal the depositions for twenty years.

The Colorado Attorney General requested that Dr. Delbert S. Elliott, a "youth violence expert," be permitted to review the depositions in order to use them in a study, which Mark Taylor supported, but this request was not granted.

The depositions of Wayne and Kathy Harris were taken in Taylor; the depositions of Wayne and Kathy Harris and Tom and Sue Klebold were taken in Rohrbough. Because Rohrbough settled shortly after the depositions were taken, the depositions were never signed. None of the depositions were used in conjunction with any motion filed with the district court.

Note: The entire docket is not available yet. This is only a small portion of the case file. View available motions below.

View/Download Taylor v. Solvay Docket
Download Taylor v. Solvay Appeal Docket

TAYLOR V. SOLVAY APPEAL
Docket Item Document Links
DOCUMENT #1017729
Filed: 7/10/2007, Entered: None

[2045196] Appellant's unopposed motion filed by Mark A. Taylor in 07-1202 for extension of time to file opening brief until 7/30/07. Original and 3 copies. c/s: y.
Page 01, Page 02, Page 03, Page 04, Page 05
DOCUMENT #101138931
Filed: 7/30/2007, Entered: None

[2050441] E-Brief (opening) received from Appellant Mark A. Taylor in 07-1202. Submission Type: EMAIL.
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08, Page 09, Page 10, Page 11, Page 12, Page 13, Page 14, Page 15, Page 16, Page 17
DOCUMENT #101138934
Filed: 7/30/2007, Entered: None

[2050444] E-attachment received from Mark A. Taylor in 07-1202. Submission type: EMAIL.
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08, Page 09, Page 10, Page 11, Page 12, Page 13, Page 14
DOCUMENT #1019778
Filed: 8/8/2007, Entered: None

[2053531] E-Amici Curiae Brief received from state of Arkansas, et al. Submission Type: Email.
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08, Page 09, Page 10, Page 11, Page 12, Page 13, Page 14, Page 15, Page 16, Page 17, Page 18, Page 19, Page 20, Page 21, Page 22, Page 23, Page 24, Page 25, Page 26, Page 27, Page 28, Page 29, Page 30
DOCUMENT #10134332
Filed: 9/17/2007, Entered: None

[9513563] Appellees' brief filed by Ms. Katherine Ann Harris and Mr. Wayne N. Harris. Original and 7 copies. Served on: 09/17/2007. Manner of service: U.S. Mail. Oral argument requested? y. Appendix filed. Original and 1 copy. Appendix pages: 403. Appellant's reply brief due 10/04/2007 by Mark A. Taylor.
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08, Page 09, Page 10, Page 11, Page 12, Page 13, Page 14, Page 15, Page 16, Page 17, Page 18, Page 19, Page 20, Page 21, Page 22, Page 23, Page 24, Page 25, Page 26, Page 27, Page 28
DOCUMENT #10145459
Filed: 10/4/2007, Entered: None

[9518200] Appellant's reply brief filed by Mark A. Taylor. Original. Served on 10/04/2007. Manner of Service: US Mail/E-Mail.
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08, Page 09, Page 10
DOCUMENT #101106308
Filed: 1/9/2008, Entered: None

[9539997] Calendar notice sent to counsel. Arguments to be held Monday, March 17, 2008 at 1:00 pm in Denver, Colorado. Counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms that must be completed and returned to the clerk's office within 10 days. Counsel for Amicus Curiae do not argue and are not expected to return the calendar acknowledgment form
Page 01

Attachment: Page 01, Page 02, Page 03
DOCUMENT #10113300
Filed: 1/18/2008, Entered: None

[9542236] Notice of appearance filed by Ms. Erica O. Payne for Ms. Katherine Ann Harris and Mr. Wayne N. Harris. CERT. OF INTERESTED PARTIES: n. Served on 01/18/2008. Manner of Service: US Mail.
Page 01, Page 02, Page 03
DOCUMENT #101132138
Filed: 2/20/2008, Entered: None

[9549770] Motion to Participate entitiled Request of Amici States Colorado, Arkansas, Florida, Maryland, Mississippi, New Hampshire, New Mexico, North Dakota, South Carolina, Virginia, West Virginia and Wyoming to Participate in Oral Argument filed by Amici Curiae State of Colorado, et al. Original only. Served on 02/20/2008. Manner of Service: email.
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06
DOCUMENT #101133549
Filed: 2/22/2008, Entered: None

[9550341] Order filed by Clerk of the Court. At the direction of the panel assigned to this appeal, the motion to participate in oral argument filed by the Attorney General for the State of Colorado is granted. Served on 02/22/2008.
Page 01

Attachment: Page 01
DOCUMENT #101138931
Filed: 7/30/2007, Entered: None

[2050441] E-Brief (opening) received from Appellant Mark A. Taylor in 07-1202. Submission Type: EMAIL.
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08, Page 09, Page 10, Page 11, Page 12, Page 13, Page 14, Page 15, Page 16, Page 17
DOCUMENT #101138934
Filed: 7/30/2007, Entered: None

[2050444] E-attachment received from Mark A. Taylor in 07-1202. Submission type: EMAIL.
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08, Page 09, Page 10, Page 11, Page 12, Page 13, Page 14
DOCUMENT #101147195
Court Filing
Filed: 3/17/2008, Entered: None

[9555851] Case argued by Barry Arrington and Bruce Jones for the Appellants; C. Michael Montgomery for the Appellees; Elizabeth McCann for the Amici Curiae; and submitted to Judges Kelly, Lucero and Hartz. [07-1186, 07-1202]
Page 01, Page 02, Page 03
DOCUMENT #1017446226
Court Filing
Filed: 12/15/2008, Entered: None

[9619319] Affirmed; Terminated on the merits after oral hearing; Written, signed, published; Judges Kelly, Lucero and Hartz, author. Mandate to issue. [07-1186, 07-1202]
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Attachment: Page 01
DOCUMENT #1017446241
Filed: 12/15/2008, Entered: None

[9619324] Judgment for opinion filed. [07-1186, 07-1202]--[Edited 12/16/2008 by KLP to correct the caption of the judgment]
Page 01, Page 02
DOCUMENT #1017550355
Filed: 12/23/2008, Entered: None

[9621944] Appellant's motion filed by Mr. Mark A. Taylor for extension of time to file petition for panel rehearing and/or rehearing en banc until 01/08/2009. Served on 12/23/2008. Manner of Service: US mail, email.
Page 01, Page 02, Page 03, Page 04, Page 05
DOCUMENT #1017550560
Filed: 12/24/2008, Entered: None

[9622025] Appellant's amended and unopposed motion filed by Mr. Mark A. Taylor for extension of time to file petition for panel rehearing and/or rehearing en banc until 01/08/2009. Served on 12/24/2008. Manner of Service: US mail.
Page 01, Page 02, Page 03, Page 04, Page 05
DOCUMENT #1017550628
Filed: 12/24/2008, Entered: None

[9622052] Order filed by Clerk of the Court granting appellant's motion to extend time to file petition for rehearing to 1/8/09. Served on 12/24/2008.
Page 01, Page 02
DOCUMENT #10177569350
Filed: 1/8/2009, Entered: None

[9625110] Petition for panel rehearing or rehearing en banc filed by Mr. Mark A. Taylor. Original and 18 copies. Served on 01/08/2009. Manner of Service: US mail, email.
Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08

Attachment: Page 01, Page 02, Page 03, Page 04, Page 05, Page 06, Page 07, Page 08, Page 09, Page 10, Page 11, Page 12, Page 13, Page 14, Page 15, Page 16, Page 17, Page 18, Page 19, Page 20, Page 21, Page 22, Page 23, Page 24, Page 25, Page 26, Page 27, Page 28, Page 29, Page 30, Page 31, Page 32, Page 33, Page 34, Page 35, Page 36, Page 37, Page 38, Page 39, Page 40
DOCUMENT #1017595570
Court Filing
Filed: 1/29/2009, Entered: None

[9630263] Order filed by Judges Kelly, Lucero and Hartz denying petition for rehearing en banc filed by Appellant Mr. Mark A. Taylor.
Page 01, Page 02
DOCUMENT #1017606131
Filed: 2/6/2009, Entered: None

[9632457] Mandate issued.
Page 01, Page 02