Jessica Smith

December 14, 2021 | Law.com

In '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

In '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

In '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 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

he 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 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

The 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

Rejecting 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

The 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

In 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