Jessica Smith

July 26, 2024 | Law.com

In 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

May 28, 2024 | Law.com

The court held that special audit procedures in I.R.C. Section 7611 designed to protect churches' First Amendment rights do not constrain the IRS's power to obtain records via third-party summonses in investigating churches.

By Susan Combs and Jessica Smith

6 minute read

March 13, 2024 | Law.com

In 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

November 17, 2023 | Law.com

In Brayman v. KeyPoint Government Solutions, the U.S. Court of Appeals for the Tenth Circuit considered whether a judge or an arbitrator must decide…

By Jessica Smith and Nathan Lilly

5 minute read

September 26, 2023 | Law.com

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

In 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

In '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

Relying 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

April 13, 2022 | Law.com

In '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

On 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