Category Archives: Tenth Circuit

Tenth Circuit rules in favor of Hobby Lobby on its challenge to HHS contraceptive mandate

by Emil J. Kiehne Posted on June 28, 2013

Yesterday the Tenth Circuit en banc issued its opinion in Hobby Lobby Stores, Inc. v. Sebelius, reversing the District Court’s denial of Hobby Lobby’s request for a preliminary injunction while it challenges the contraceptive mandate, and remanding for further consideration of two … Continue reading →

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Tenth Circuit rejects First Amendment challenge to FEC disclosure requirements

by Emil J. Kiehne Posted on June 25, 2013

In Free Speech v. Federal Election Commission, the Tenth Circuit rejected a First Amendment challenge to several FEC regulations defining what groups must disclose information about their donors. A federal statute, 2 U.S.C. § 434(c) requires anyone who makes “independent … Continue reading →

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Tenth Circuit gives broad interpretation to whistleblower protections of Sarbanes-Oxley Act

by Emil J. Kiehne Posted on June 14, 2013

Last week, in Lockheed Martin Corporation v. Administrative Review Board, DOL (June 4, 2013), the Tenth Circuit, in an opinion by Judge Michael Murphy, dealt a blow to business interests who had been arguing for a narrow interpretation of the whistleblower protections … Continue reading →

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

by Emil J. Kiehne Posted on June 10, 2013

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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In “perfect First Amendment storm,” 10th Circuit rules against anti-Bush protesters

by Emil J. Kiehne Posted on June 5, 2013

  In 2007, President George W. Bush came to Los Ranchos de Albuquerque for a political fundraiser at the home of Larry Abraham, the mayor of Los Ranchos. Protestors opposed to Bush’s policies sought to demonstrate against him, but were … Continue reading →

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“Argument Audio: The Four Holdout Circuits”

by Emil J. Kiehne Posted on May 28, 2013

At her terrific Appellate Daily blog, Michelle Olsen has this post about the four federal circuit courts of appeal that do not yet post audio files of oral arguments on their websites. The Tenth Circuit is one of them. To … Continue reading →

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Tenth Circuit to hear challenge to HHS contraceptive mandate in Hobby Lobby Stores, Inc. v. Sebelius

by Emil J. Kiehne Posted on May 22, 2013

Tomorrow afternoon, in an unusual procedure, the en banc Tenth Circuit will consider Hobby Lobby Stores, Inc. v. Sebelius, a challenge to a Department of Health and Human Services regulation requiring employers to provide insurance coverage for contraceptives and abortifacient … Continue reading →

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Registration now open for the 2013 10th Circuit Bench & Bar Conference

by Emil J. Kiehne Posted on May 21, 2013

You can now register for the Tenth Circuit’s Bench & Bar Conference at this link. The Conference will be held on August 29-31 at the Broadmoor Resort in Colorado Springs. Reservations at the special conference room rate are now available. The schedule … Continue reading →

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Obama appoints Judge Carolyn McHugh to the Tenth Circuit

by Emil J. Kiehne Posted on May 17, 2013

President Obama has named Judge Carolyn McHugh of the Utah Court of Appeals to the Tenth Circuit, according to this report in the Salt Lake Tribune. The White House’s announcement is here.  Judge McHugh’s Wikipedia page, which seems more informative than … Continue reading →

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Tenth Circuit Grants Hobby Lobby En Banc Hearing

by Emil J. Kiehne Posted on April 2, 2013

This past Friday, the Tenth Circuit issued this order granting Hobby Lobby’s petition for an initial en banc hearing in Hobby Lobby Stores, Inc. v. Sebelius.  This means that instead of being heard by a three-judge panel, as usually occurs, the … Continue reading →

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