Category Archives: Tenth Circuit

10th Circuit rejects Osage tribal members’ claim that trust accounting should have covered longer time period

In Fletcher v. United States, the Tenth Circuit (in an opinion by Judge Paul Kelly) rejected claims by members of the Osage Tribe of Oklahoma that the district court improperly limited the government’s obligation to perform an accounting of revenues … Continue reading

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10th Circuit rejects UNM student’s First Amendment claim over anti-lesbian essay

At the end of March, the Tenth Circuit rejected a student’s claim that the University of New Mexico and two of its employees violated her First Amendment rights by actions they took in response to an essay she wrote criticizing … Continue reading

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New Mexico’s own Judge Harris Hartz on Justice Gorsuch

In this article by Zoe Tillman of Buzzfeed, Tenth Circuit Judge Harris Hartz of New Mexico discusses Justice Neil Gorsuch and defends his record.

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Roundup of links discussing the Gorsuch nomination

As you have doubtless heard by now, President Trump has nominated Judge Neil Gorsuch, of our very own Tenth Circuit, to fill the Supreme Court seat held by Justice Antonin Scalia until his death last February. About five years ago … Continue reading

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Tenth Circuit upholds lawyer’s conviction for tax evasion

Today the Tenth Circuit upheld a Kansas lawyer’s conviction for tax evasion, rejecting his arguments that insufficient evidence was presented to prove an “affirmative act” designed to conceal or mislead, and insufficient evidence to prove willfulness. Here the defendant named … Continue reading

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Tenth Circuit: Hot dispute over Hatch chile trademark case leads to ruling that documents may be obtained from non-parties without a deposition

It’s an understatement to say that chile peppers are an important part of New Mexico’s cuisine and culture. And, as the Tenth Circuit said last week in El Encanto, Inc. v. Hatch Chile Company, Inc., New Mexico’s “Hatch Valley may … Continue reading

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10th Circuit declines to revisit Utah polygamy decision

Today the Tenth Circuit denied a petition for en banc review in Brown v. Buhman, the challenge to Utah’s anti-bigamy statute brought by reality television star Kody Brown and his four “sister wives.” Last month, the Tenth Circuit found that … Continue reading

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Tenth Circuit Conference will host Justices Sotomayor and Kagan

The schedule for this year’s Tenth Circuit Bench and Bar Conference has been released, and it includes talks by both Justice Sonia Sotomayor (the circuit justice for the Tenth Circuit) and Justice Elena Kagan. Other prominent speakers include appellate lawyers … Continue reading

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10th Circuit orders “Sister Wives” polygamy case dismissed as moot

Today, in the controversial case of Brown v. Buhman, the Tenth Circuit held that a challenge to Utah’s anti-bigamy statute brought by reality television star Kody Brown and his four “sister wives” is moot, and vacated the judgment in their … Continue reading

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10th Circuit affirms injunction against ban aimed at jury nullification advocacy outside courthouse

On Friday, the Tenth Circuit has affirmed a preliminary injunction entered against a Colorado state trial court to prevent it from enforcing a rule prohibiting expressive activities in a plaza outside the courthouse. The rule was targeted at advocates of … Continue reading

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