Tag Archives: Judge Neil Gorsuch

Roundup of links discussing the Gorsuch nomination

by Emil J. Kiehne Posted on February 1, 2017

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

by Emil J. Kiehne Posted on January 6, 2016

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: Magistrate in one district can’t authorize search in another

by Emil J. Kiehne Posted on November 11, 2015

Federal agents suspected Zachary Krueger, who lived in Kansas, of distributing child pornography on the internet. They obtained a warrant from a magistrate judge in Kanasas for his home, but discovered that neither he nor his computer was at home. His roommate … Continue reading →

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Tenth Circuit upholds Oklahoma death sentence

by Emil J. Kiehne Posted on September 16, 2015

The Bryan-College Station Eagle has this story about yesterday’s decision by the Tenth Circuit in Eizember v. Trammell, upholding a death sentence imposed against Scott Eizember as a result of a series of crimes he committed in 2003. Judge Neil … Continue reading →

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10th Circuit approves “a little judicial jiu-jitsu” in Rocky Flats nuclear class action

by Emil J. Kiehne Posted on June 24, 2015

Litigation over radioactive pollution at Colorado’s Rocky Flats nuclear power plant has been ongoing since the early 1990s, but the Tenth Circuit is trying to bring it to an end, as evidenced by yesterday’s decision in Cook v. Rockwell International … Continue reading →

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10th Circuit explains how not to handle an appeal

by Emil J. Kiehne Posted on March 27, 2015

Yesterday the Tenth Circuit issued a non-precedential order, written by Judge Neil Gorsuch, dismissing the appeal in Alejandre-Gallegos v. Holder, an immigration case. The order describes the remarkable conduct of appellant’s counsel, who apparently did not cite the record or any … Continue reading →

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Tenth Circuit denies en banc review in Guarantee Clause case

by Emil J. Kiehne Posted on July 23, 2014

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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