Stephen Masciocchi

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

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

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