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
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