Jessica Smith

October 22, 2020 | Law.com

The Tenth Circuit held that a challenge to whether an arbitration agreement was ever formed can only be resolved by a court, even if the arbitration agreement delegates issues of arbitrability to the arbitrator.

By Stephen Masciocchi and Jessica Smith

6 minute read

September 21, 2020 | Law.com

The Tenth Circuit reversed an unprecedented ruling in which the district court had held Colorado's sex offender registration act to be unconstitutional on multiple grounds.

By Stephen Masciocchi and Jessica Smith

8 minute read

September 01, 2020 | Law.com

The Tenth Circuit joined the majority of circuit courts that have addressed the "except" clause in 28 U.S.C. §1447(d).

By Stephen Masciocchi and Jessica Smith

8 minute read

July 21, 2020 | Law.com

The circuit court affirmed the rulings rejecting correction officers' qualified immunity defense to Section 1983 claims, and rejecting a sovereign immunity defense to tort claims brought under state law.

By Stephen Masciocchi and Jessica Smith

7 minute read

June 22, 2020 | Law.com

In 'Stender', the Tenth Circuit considered whether a federal court sitting in diversity can award costs under a state law when those same costs aren't recoverable under Federal Rule of Civil Procedure 54(d). Applying the U.S. Supreme Court's decision in 'Shady Grove Orthopedic Associates', the Tenth Circuit concluded that the Federal Rule takes precedence.

By Christopher Jackson and Jessica Smith

7 minute read

May 20, 2020 | Law.com

The Tenth Circuit affirmed a discretionary decision, concluding that the district court properly abstained and stayed the federal proceedings pending resolution of important state-law issues.

By Stephen Masciocchi and Jessica Smith

7 minute read

April 15, 2020 | Law.com

The circuit court affirmed summary judgment for the University of Denver (DU), and in the process, rejected plaintiff's section 1983 and Title IX claims, but not without expressing some reservations.

By Stephen Masciocchi and Jessica Smith

8 minute read

March 25, 2020 | Law.com

The court held that, at the time of defendant's actions, "[t]he consensus of persuasive authority from our sister circuits" clearly established that the Eighth Amendment prohibited his conduct.

By Stephen Masciocchi and Jessica Smith

8 minute read

January 22, 2020 | Law.com

The Tenth Circuit declined to apply the voluntary cessation exception to mootness for constitutional claims against the Federal Bureau of Prisons.  

By Jessica Smith and Christina Gomez

8 minute read

November 20, 2019 | Law.com

In 'Harte v. BOCC', the Tenth Circuit explains how to apply the law of the case doctrine and the mandate rule when there is no majority reasoning for a remand.  

By Christina Gomez and Jessica Smith

9 minute read