Stephen Masciocchi

August 21, 2024 | Law.com

In a case presenting "a question about the nature and extent to which a federal court may act to resolve a dispute related to a marijuana business that operates legally under state law," a divided panel of the U.S. Court of Appeals for the Tenth Circuit vigorously debated public policy concerns—namely, whether a federal court can enforce a judgment arising from a contract that is illegal under federal law.

By Stephen Masciocchi and Tina Van Bockern

8 minute read

June 28, 2024 | Law.com

Along with the Third and the Sixth Circuits, the Tenth Circuit is the third circuit court to conclude that the collateral order doctrine does not provide for immediate review under similar circumstances.

By Stephen Masciocchi and Aja Robbins

8 minute read

April 05, 2024 | Law.com

A recent Tenth Circuit opinion underscores the procedural requirements to preserve issues for review in both the trial court and on appeal.

By Stephen Masciocchi and Tina Van Bockern

7 minute read

February 13, 2024 | Law.com

Despite the U.S. Supreme Court's decision in AMG Capital Management v. Federal Trade Commission, 593 U.S. 67 (2021), holding that Section 13(b) of the Federal Trade Commission Act does not allow for equitable monetary relief, the U.S. Court of Appeals for the Tenth Circuit affirmed the rejection of a Rule 60(b)(6) motion to vacate a stipulated judgment for payment of equitable monetary relief that was entered before the AMG decision was issued.

By Stephen Masciocchi and Tina Van Bockern

6 minute read

December 14, 2023 | Law.com

The U.S. Court of Appeals for the Tenth Circuit rejected three police officers' qualified immunity defenses. The court determined it was clearly established that police cannot shoot nonlethal projectiles at protesters who committed no serious crime, were not a threat, and were not attempting to flee.

By Stephen Masciocchi and Tina Van Bockern

6 minute read

October 06, 2023 | Law.com

After considering the Supreme Court's new test on the scope of the Second Amendment right to possess firearms, the Tenth Circuit reaffirmed its longstanding precedent upholding the constitutionality of a federal statutory ban on convicted felons' possession of firearms, even for nonviolent felons.

By Stephen Masciocchi and Tina Van Bockern

5 minute read

June 06, 2023 | Law.com

The circuit court held that a district court abused its discretion in dismissing an action as to several defendants based on forum non conveniens while allowing the same action to proceed against other defendants.

By Stephen Masciocchi and Tina Van Bockern

6 minute read

March 09, 2023 | Law.com

In a suit filed under the Employee Retirement Income Security Act (ERISA), the U.S. Court of Appeals for the Tenth Circuit recently affirmed a district court's reliance on the relatively obscure "effective vindication exception," first announced a decade ago by the U.S. Supreme Court, as the basis to refuse to enforce an arbitration provision in a defined contribution retirement plan.

By Stephen Masciocchi and Tina Van Bockern

10 minute read

January 09, 2023 | Law.com

In 'United States v. Maldonado-Passage', the U.S. Court of Appeals for the Tenth Circuit upheld a 252-month sentence for Joseph "Tiger King" Maldonado-Passage based primarily on his conviction on two murder-for-hire schemes.

By Stephen Masciocchi and Tina Van Bockern

7 minute read

November 09, 2022 | Law.com

The circuit court held "if a federal court had jurisdiction [over] the principal action, it may hear an ancillary proceeding, regardless of the citizenship of the parties, the amount in controversy, or any other factor that normally would determine subject matter jurisdiction" if the case is brought "to assist in the protection and enforcement of federal judgments—including attachment, mandamus, garnishment, and the prejudgment avoidance of fraudulent conveyances."

By Stephen Masciocchi and Tina Van Bockern

9 minute read