10th Circuit (incl. bankruptcy)

The United State Court of Appeals for the Tenth Circuit sits in Denver, CO. The courthouse is the Byron White US Courthouse. In terms of its size, the Tenth Circuit spans its jurisdictional-reach over 20% of the USA's land mass (spanning 560,625 square miles). In addition to the state of Colorado, the Tenth Circuit is comprised of Kansas, New Mexico, Oklahoma, Wyoming, and Utah. The Circuit was initially part of the Eighth Circuit, Congressional legislation broke the single circuit into the Eighth and Tenth respectively.

The US District Court of Appeals is in Denver, Co. The District of Kansas has its courthouse situated in Wichita. The District of New Mexico courthouse is in Albuquerque. The Eastern District of Oklahoma courthouse is in Muskogee, and Northern District is in Tulsa. The Western District courthouse in Oklahoma is located in Oklahoma City. The District of Utah courthouse sits in Salt Lake City, and the District of Wyoming courthouse is in Cheyenne, WY.

Currently, there are 12 judges appointed to the bench in the circuit. Of these, there are 10 senior judges. Timothy M. Tymkovich is the Chief Justice presently serving as the head of the circuit system. And, US Supreme Court Justice, Sonia Sotomayor, is the Circuit Justice for the Tenth District.

Among the leading cases in the circuit is United States v Timothy McVeigh (1998) which was a death-penalty sentencing, following the Oklahoma City, OK bombing. He was convicted and executed of the mass-terrorist crime in 2001. Free Speech v Federal Election Committee (2013) is another famous decision from the circuit which required FEC disclaimers to be given to voters, to ensure they were “informed” of the candidates or groups who were speaking.

The National Law Review covers a wide range of cases in tort-law, FLSA, real property and real estate, civil rights, labor, intellectual property, bankruptcy cases, and more. The National Law Review also covers agency news (including NLRB, Dod, DOJ, EEOC, USCIS, HIPPA, and more), litigation, and the latest news/information relating to elections or appointments in the circuit system.

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Jan 6 2017	Tenth Circuit Rejects SEC's Use of Administrative Law Judges	Holland & Hart LLP
Dec 29 2015	Tenth Circuit Refuses to Allow Guarantors to Shirk Guaranty Liability by Relying on Primary Obligor’s Confirmed Plan	Holland & Hart LLP
Aug 24 2023	Tenth Circuit Reaffirms Preemption of State Pharmacy Network Regulations	McDermott Will & Emery
Mar 11 2014	Tenth Circuit Looks Past “General Partnership” Labels in Agreements to Determine Whether Certain Investments Constitute “Securities”	Sheppard, Mullin, Richter & Hampton LLP
May 5 2015	Tenth Circuit Lifts Stay on CPSC’s Magnets Rule	Mintz
Nov 10 2015	Tenth Circuit Joins Sixth, Seventh and Ninth Circuits in Holding that First Time Transaction May Qualify for Ordinary Course Defense	Holland & Hart LLP
Aug 26 2020	Tenth Circuit Interpretation of ERISA Notice Requirement Impacts Plan Administrator’s Right to Deferential Standard of Review	Faegre Drinker
Oct 13 2015	Tenth Circuit Holds that U.S. Supreme Court Decisions in Law v. Siegel and Travelers Casualty v. Pacific Gas & Electric do no Change Established Tenth Circuit Law on Recharacterization of Debt to Equity	Holland & Hart LLP
Nov 27 2018	Tenth Circuit Holds That the False Claims Act Does Not Protect Post-Employment Retaliation	Epstein Becker & Green, P.C.
Nov 9 2017	Tenth Circuit Holds That Irreparable Harm Cannot Be Presumed for Trade Secret Injunction	Epstein Becker & Green, P.C.
Nov 14 2017	Tenth Circuit Holds that Governmental Investigation of Potential Criminal Violations is Not a “Claim” Under a D&O Policy	Barnes & Thornburg LLP
Sep 15 2011	Tenth Circuit Holds that "Forced Sellers" Resulting From a Squeeze Out Merger Lack Standing to Assert Claims Under Sections 11 and 12(a)(2) the Securities Act of 1933	Sheppard, Mullin, Richter & Hampton LLP
Mar 1 2016	Tenth Circuit Holds Default Judgments for Violations of Securities Laws Must be Given Preclusive Effect in Non-dischargeability Actions Under Section 523(a)(19)	Holland & Hart LLP
Mar 5 2018	Tenth Circuit Holds Bureau of Land Management Improperly Relied On Unsupported and Irrational Assumption in Analyzing Environmental Impacts of Coal Mining Leases	Sheppard, Mullin, Richter & Hampton LLP
Dec 15 2015	Tenth Circuit Hits Debtor’s Counsel With Double Whammy—Denying Fees Incurred Prior to Formal Appointment and After Confirmation of Plan	Holland & Hart LLP
Jan 22 2015	Tenth Circuit Hears Arguments in Colorado Renewable Energy Standard Case	Lewis Roca Rothgerber LLP
Jun 27 2017	Tenth Circuit Follows Majority of the Circuit Courts and Holds Plaintiff Bears the Burden of Proving Causation in ERISA Breach of Fiduciary Duty Cases	Jackson Lewis P.C.
Oct 23 2013	Tenth Circuit Finds that Jury Must Determine Whether “Notes Are Securities” in a Securities Fraud Action	Sheppard, Mullin, Richter & Hampton LLP
Oct 16 2015	Tenth Circuit Finds Secretly Recorded Age-based Remarks To Be Double-Edged Sword That Can Be Used as Evidence of Plaintiff’s Own Wrongdoing	Barnes & Thornburg LLP
Jul 30 2015	Tenth Circuit Finds Price-Anderson Act Does Not Preempt Nuisance Claims	Morgan, Lewis & Bockius LLP
Oct 21 2011	Tenth Circuit Finds Potential Insurance Coverage for Patent Infringement Claims Under “Advertising Injury” Provisions	Morgan, Lewis & Bockius LLP
Dec 1 2014	Tenth Circuit Finds Plan Administrator Has No Duty to Inquire into Authenticity of Participant’s Beneficiary Designation	Proskauer Rose LLP
May 10 2019	Tenth Circuit Finds No Jurisdiction to Hear Appeal of District Court Stay Order While Motion to Compel Arbitration Is Pending in Parallel Federal Court Proceeding	Carlton Fields
May 25 2021	Tenth Circuit Finds FAA Defenses Applicable to Nondomestic Arbitral Awards	Proskauer Rose LLP
Jun 12 2017	Tenth Circuit Finds CERCLA Contribution Claim Not Barred by Bankruptcy Approval of a Settlement Estimating Liability for the Site	Sheppard, Mullin, Richter & Hampton LLP
May 12 2016	Tenth Circuit Expands Withdrawal Liability of Construction Industry Employer	Jackson Lewis P.C.
Oct 10 2017	Tenth Circuit Expands First-to-File Rule, Dismissing Complaint after Substitution of Parties	McDermott Will & Emery
Dec 1 2016	Tenth Circuit Dismissal of Claims of Discrimination in Pay Highlights Importance of Conducting Proactive and Privileged Pay Equity Analyses	Jackson Lewis P.C.
Feb 24 2023	Tenth Circuit Declares No Remedy for Hemp Farmer Whose Federally Legal Plants Were Seized	ArentFox Schiff LLP
Jan 10 2017	Tenth Circuit Decision Finds Against the SEC and Creates a Circuit Split on the Constitutionality of the Commission’s ALJs	K&L Gates
Jan 14 2022	Tenth Circuit Decision Could Pave the Way for More Frequent Clean Air Act Enforcement	ArentFox Schiff LLP
Feb 26 2021	Tenth Circuit Decides That An “Active, Full-time Employee” Is Entirely Different Than an Employee Who is “Actively at Work”	Robinson & Cole LLP
Jan 23 2017	Tenth Circuit Court of Appeals Rules SEC Administrative Law Judges Hold Office in Violation of U.S. Constitution	Michael Best & Friedrich LLP
Sep 9 2021	Tenth Circuit Court of Appeals Affirms District Court’s Judgment for Great-West in Section 36(b) Excessive Fee Suit	Vedder Price
Jun 19 2017	Tenth Circuit Court Grants Request For Social Media Posts Related To Emotional State And Physical Activity	Jackson Lewis P.C.

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