Category Archives: Tenth Circuit

Tenth Circuit upholds lawyer’s conviction for tax evasion

by Emil J. Kiehne Posted on November 16, 2016

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

by Emil J. Kiehne Posted on June 20, 2016

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

by Emil J. Kiehne Posted on May 13, 2016

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

by Emil J. Kiehne Posted on May 11, 2016

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

by Emil J. Kiehne Posted on April 11, 2016

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

by Emil J. Kiehne Posted on April 11, 2016

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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10th Circuit reduces $25.5 million punitive award to $1.95 million

by Emil J. Kiehne Posted on April 5, 2016

Last week, the Tenth Circuit issued its decision in a closely-watched punitive damages case, Lompe v. Sunridge Partners, LLC. The case arose from a lawsuit filed by Amber Lompe, a 20-year old college student in Wyoming, who suffered carbon monoxide … Continue reading →

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Save the date for the 10th Circuit’s 2016 Bench & Bar Conference

by Emil J. Kiehne Posted on March 28, 2016

The Tenth Circuit has announced that it will hold its Bench & Bar Conference from August 31 through September 3, 2016 at The Broadmoor resort in Colorado Springs. Registration for this event will open sometime in May 2016.

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NM Supreme Court: Prison guard’s employers are vicariously liable for sexual assaults on inmates

by Emil J. Kiehne Posted on March 15, 2016

Anthony Townes, a guard at a privately-operated prison, used his power to rape several female inmates. He pled guilty to criminal charges arising from those assaults (and, hopefully, will spend a long time in prison himself). The inmates sued in … Continue reading →

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10th Circuit upholds Colorado’s “Amazon” tax reporting statute

by Emil J. Kiehne Posted on February 29, 2016

Last week the Tenth Circuit issued an important decision affecting the realm of online commerce. In Direct Marketing Association v. Brohl, the Court rejected a Dormant Commerce Clause challenge to a Colorado statute requiring certain online retailers to report sales in Colorado, … Continue reading →

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