Tag Archives: Judge Harris Hartz

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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Tenth Circuit upholds rafting company’s liability waiver in wrongful death case

Sue Ann Apolinar signed up for a rafting trip on the Arkansas River in Colorado. Tragically, while her raft was passing through a rapid called Seidel’s Suck Hole, it capsized. Other passengers were pulled out, but Ms. Apolinar became stuck … Continue reading

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10th Circuit: Appellant must actually explain how the trial court erred to win on appeal

“The first task of an appellant is to explain to us why the district court’s decision was wrong.” So begin’s today’s opinion in Nixon v. City and County of Denver, in which the Tenth Circuit again had the unfortunate task … Continue reading

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Tenth Circuit denies en banc review in Guarantee Clause case

Yesterday the Tenth Circuit voted to deny en banc review in Kerr v. Hickenlooper. Judges Hartz, Tymkovich, Holmes, and Gorsuch dissented. To recap, the Guarantee Clause is located in Article IV, Section 4 of the United States Constitution, and provides … Continue reading

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Tenth Circuit rejects New Mexico’s view that unbalanced arbitration agreements are unenforceable

New Mexico’s appellate courts have held that arbitration agreements are unconscionable if they allow one party to bring its most likely claims in court, while requiring the other party to bring its most likely claims in arbitration. This view is reflected … Continue reading

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“Tenth Circuit Allows Foreclosure on Purchase-Money Resulting Trust”

Prof. Gerry W. Beyer of Texas Tech Law School has this post at the Wills, Trusts & Estates Prof Blog on the Tenth Circuit’s recent decision in United States v. Tingey (May 29, 2013). Judge Harris Hartz wrote the Court’s opinion.

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10th Circuit holds that corporate entities likely can’t bring hostile work environment claims

The Tenth Circuit held yesterday, in Allstate Sweeping, LLC v. Black, that an artificial entity likely cannot bring a hostile work environment claim under the Equal Protection Clause or 42 U.S.C. § 1981. The plaintiff, Allstate Sweeping, LLC, was owned … Continue reading

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