Stephen Masciocchi
September 14, 2022 | Law.com
Tenth Circuit Holds That Key Provision of Colorado's Child Abuse Confidentiality Law Violates the First AmendmentGiven the rationales underlying the ruling in 'Peck v. McCann', similar confidentiality laws in other states could now be in jeopardy.
By Stephen Masciocchi and Tina Van Bockern
8 minute read
July 25, 2022 | Law.com
Tenth Circuit Rules That Religious Employers May Not Use the Collateral Order Doctrine To Immediately Appeal Rulings on the Ministerial Exception to Title VII ClaimsThe court held in a 2-1 decision that it lacked jurisdiction to consider, on interlocutory appeal, orders preliminarily denying a religious employer summary judgment on the "ministerial exception" defense to Title VII racial discrimination claims, because a jury must first resolve genuine issues of disputed fact.
By Stephen Masciocchi and Tina Van Bockern
8 minute read
May 16, 2022 | Law.com
Tenth Circuit Reverses Denial of Asylum to Transgender Woman Under the Compulsion StandardThe circuit court reversed the Board of Immigration Appeals' decision rejecting the petitioner's asylum claim, ruled that she was eligible for asylum, and remanded for the BIA to reconsider her claim. The decision is a rare example of a circuit court reversing a decision under the highly deferential compulsion standard.
By Stephen Masciocchi and Tina Van Bockern
7 minute read
March 21, 2022 | Law.com
Tenth Circuit Allows Government Officials To Assert Qualified Immunity Defense To RFRA Damages ClaimsThe U.S. Court of Appeals for the Tenth Circuit recently ruled that the Religious Freedom Restoration Act provides a claim for money damages against government officials acting in their individual capacities and that those officials may raise qualified immunity as a defense.
By Stephen Masciocchi and Tina Van Bockern
7 minute read
January 20, 2022 | Law.com
Tenth Circuit Holds That COVID Closure Orders Do Not Trigger Business Interruption CoverageThe court reasoned that the temporary inability to use property caused by COVID shutdown orders doesn't involve a covered physical loss of property, and in any event, the policy's virus exclusion applied.
By Stephen Masciocchi and Tina Van Bockern
6 minute read
November 17, 2021 | Law.com
Tenth Circuit Confirms That Time Devoted To Booting Up Work Computer and Launching Software Is Compensable Under the Fair Labor Standards ActThe Tenth Circuit ruled that time devoted to booting up a work computer and launching certain software before clocking in is compensable under the Fair Labor Standards Act when these activities are integral and indispensable to an employee's principal work activities.
By Stephen Masciocchi and Tina Van Bockern
8 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
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