July 26, 2024 | Law.com
In a Pointed Decision, the Tenth Circuit Addresses Waiver in the Context of Qualified ImmunityIn Sanchez v. Guzman, the U.S. Court of Appeals for the Tenth Circuit affirmed the district court's decision to grant qualified immunity in a Section 1983 excessive-force claim. In doing so, the court emphasized that litigants can waive a winning argument if they fail to properly prosecute their appeal.
By Christopher Jackson and Jessica Smith
8 minute read
March 13, 2024 | Law.com
Tenth Circuit Tosses 'Bivens' Lawsuit Against U.S. Marshals, Offers Candid Assessment of Supreme Court PrecedentIn Logsdon v. U.S. Marshal Service, the U.S. Court of Appeals for the Tenth Circuit made the seemingly all-but-inevitable decision to refuse to recognize a Bivens claim in a new context. But in doing so, the appellate court offered a surprisingly candid assessment of the current state of the law—and on where the Supreme Court is headed.
By Christopher Jackson and Jessica Smith
7 minute read
September 26, 2023 | Law.com
Tenth Circuit Rules That District Courts Cannot Reopen Cases Under Rule 60(b) That Have Been Voluntarily Dismissed Without Prejudice Under Rule 41(a)In Waetzig v. Halliburton Energy Services, the circuit court reversed a district court's order relying on Fed. R. Civ. P. 60(b) to reopen a case that had been voluntarily dismissed without prejudice under Fed. R. Civ. P. 41(a). A split panel held that "a court cannot set aside a voluntary dismissal without prejudice because it is not a final judgment, order or proceeding."
By Jessica Smith and Christopher Jackson
5 minute read
April 21, 2023 | Law.com
Tenth Circuit Clarifies Application of the 'Continuing-Violation' and 'Repeated-Violations' DoctrinesIn Wyo-Ben Inc. v. Haaland, the U.S. Court of Appeals for the Tenth Circuit took up a case involving a broadly applicable federal statute of limitations. Its decision offers guidance on how district courts should apply the "continuing-violation" and "repeated-violations" doctrines in cases involving governmental inaction.
By Christopher Jackson and Jessica Smith
8 minute read
February 08, 2023 | Law.com
Tenth Circuit Holds That Foreign Arbitration Award Still Subject to Confirmation in the US Despite Foreign Court's Post-Confirmation Annulment of Arbitration AwardIn 'Compañía De Inversiones Mercantiles S.A. v. Grupo Cementos De Chihuahua S.A.B. De C.V.', the Tenth Circuit affirmed the district court's refusal to vacate an earlier U.S. judgment confirming a foreign arbitration award.
By Christopher Jackson and Jessica Smith
8 minute read
October 11, 2022 | Law.com
10th Circuit Applies 'Demanding' Materiality Standard to FCA False-Certification ClaimRelying on "the demanding materiality standard set out by the Supreme Court" in its 2016 'Escobar' decision, the appellate court affirmed the district court's dismissal and emphasized the high bar that FCA plaintiffs face in pleading false-certification claims."
By Christopher Jackson and Jessica Smith
6 minute read
August 11, 2022 | Law.com
Tenth Circuit Recognizes Constitutional Right To Record the PoliceIn 'Irizarry v. Yehia', the Tenth Circuit joined six other circuits in holding that the First Amendment protects the right to record police encounters—and further held that the defendant officer wasn't entitled to qualified immunity for violating that right. In doing so, the appellate court offered guidance on the scope of the clearly established prong of qualified immunity.
By Christopher Jackson and Nicholas Katz
6 minute read
June 13, 2022 | Law.com
Tenth Circuit Sua Sponte Raises Preclusive Effect of Settlement Agreement To Vacate Preliminary Injunction Relating to Denver Homeless SweepsThe 'Denver Homeless Out Loud' decision indicates that district courts have an obligation to consider sua sponte the preclusive effect of prior settlement agreements in class action lawsuits, which may have a significant impact on civil rights litigation in the Tenth Circuit.
By Christopher Jackson and Nick Katz
8 minute read
April 13, 2022 | Law.com
Tenth Circuit Adopts Expansive Reading of Express-Preemption ProvisionIn 'Thornton v. Tyson Foods', the Tenth Circuit took up the scope of the preemption provision in the Federal Meat Inspection Act. In doing so, the appellate court confirmed that it will continue to read express-preemption provisions broadly, giving district courts little room to apply state law even in areas traditionally subject to local control.
By Christopher Jackson and Jessica Smith
6 minute read
February 16, 2022 | Law.com
The Tenth Circuit Reverses Qualified Immunity for University Official Under Rule 12(B)(6) in Student Speech CaseOn appeal, circuit court holds that First Amendment protection of student speech is clearly established for purposes of qualified immunity.
By Christopher Jackson and Jessica Smith
6 minute read
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