Jessica Smith
December 14, 2021 | Law.com
Tenth Circuit Clarifies an Ambiguity in the Final Judgment RuleIn 'Adams v. C3 Pipeline Construction', the court clarified the scope of its appellate jurisdiction in cases where the district court fails to enter judgment as to a named but unserved party.
By Christopher Jackson and Jessica Smith
9 minute read
September 20, 2021 | Law.com
Tenth Circuit Deepens Circuit Split on the Lanham Act's Extraterritorial ScopeIn 'Hetronic International v. Hetronic Germany GmbH', the appellate court held that the Lanham Act can apply extraterritorially—sometimes.
By Christopher Jackson and Jessica Smith
8 minute read
August 23, 2021 | Law.com
Tenth Circuit Upholds Colorado's Anti-Discrimination Act Against Constitutional ChallengeIn '303 Creative Ltd. Liab. Co. v. Elenis', the Tenth Circuit held that a website designer had standing to challenge CADA, but that her constitutional challenges were without merit.
By Christopher Jackson and Jessica Smith
9 minute read
June 22, 2021 | Law.com
The Tenth Circuit Weighs In on 'Kicker' and 'Clear-Sailing' Provisions in Class Action SettlementsThe circuit court held that district courts must apply "heightened scrutiny" to settlement agreements containing these provisions, because "the "presence of both agreements in a settlement agreement also suggests the class members may not be receiving all reasonable benefits."
By Stephen Masciocchi and Jessica Smith
9 minute read
May 19, 2021 | Law.com
Tenth Circuit Explicates the 'Inference of Discrimination' and 'Pretext' Requirements in Title VII Claims Based on Favoritismhe circuit court provided roadmaps for both plaintiff's counsel seeking to establish a jury question on so-called "favoritism" claims and defense counsel seeking summary judgment on such claims.
By Stephen Masciocchi and Jessica Smith
7 minute read
April 23, 2021 | Law.com
The Tenth Circuit Reverses Injunction Against Implementation of Federal Navigable Waters Protection RuleThe circuit court held that Colorado had not shown sufficient irreparable injury and vacated the preliminary injunction.
By Stephen Masciocchi and Jessica Smith
7 minute read
March 22, 2021 | Law.com
Tenth Circuit Explains and Applies the Scope of Federal Preemption of Product Liability Suits Based on Medical Device FailuresThe Tenth Circuit waded into the "legal quagmire" facing parties who plead state-law claims for failure of a medical device and attempt to avoid preemption under the Medical Device Amendments to the federal Food, Drug, and Cosmetics Act.
By Stephen Masciocchi and Jessica Smith
6 minute read
January 25, 2021 | Law.com
Tenth Circuit Holds That a State Can Cede Its Jurisdiction to the Federal Government Only Through State LegislationRejecting an argument that Wyoming had implicitly, through negotiations and other actions, ceded jurisdiction over its land, the U.S. Court of Appeals for the Tenth Circuit confirmed that states may only cede jurisdiction to the federal government through state legislation by a state legislature.
By Stephen Masciocchi and Jessica Smith
6 minute read
December 21, 2020 | Law.com
Tenth Circuit: Our Mandate Means What It SaysThe circuit court explained that, while it was not infallible, the district court was obligated to follow its instructions, even if the court believed the circuit court had erred or had insufficiently explained its rationale.
By Stephen Masciocchi and Jessica Smith
6 minute read
November 23, 2020 | Law.com
Tenth Circuit Dismisses Putative Anti-Vaccination Class Action for Lack of StandingIn an effort to establish standing, Baker advanced a series of arguments based on possible future harm, but the Tenth Circuit concluded that Baker's theories failed to satisfy Article III's requirements.
By Stephen Masciocchi and Jessica Smith
7 minute read
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