Category Archives: Tenth Circuit

Senate confirms Judge Robert Bacharach to the Tenth Circuit

by Emil J. Kiehne Posted on February 26, 2013

The Blog of the Legal Times has this report on the Senate’s 93-0 vote to confirm U.S. Magistrate Judge Robert Bacharach to the Tenth Circuit.  Although Judge Bacharach’s nomination seems to have been uncontroversial, he still had to wait over 260 … Continue reading →

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Tenth Circuit holds that 2nd Amendment does not protect right to concealed carry

by Emil J. Kiehne Posted on February 25, 2013

On Friday, the Tenth Circuit held, in Peterson v. Martinez, that the Second Amendment does not protect a right to carry a concealed firearm. The plaintiff, a resident of Washington state, also claimed that Colorado’s concealed carry statutory scheme, which … Continue reading →

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

by Emil J. Kiehne Posted on February 8, 2013

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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President Obama nominates Wyoming AG to Tenth Circuit

by Emil J. Kiehne Posted on January 31, 2013

President Obama today nominated Wyoming Attorney General Gregory Alan Phillips to the Tenth Circuit.  The White House’s official announcement states: Gregory Alan Phillips has served as Wyoming’s Attorney General since March 2011.  As Attorney General, he is the chief law … Continue reading →

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Tenth Circuit announces 2013 Judicial Conference

by Emil J. Kiehne Posted on November 1, 2012

Good news!  The Tenth Circuit has announced that it will be holding a Judicial Conference on August 28-31, 2013 at the Broadmoor resort in Colorado Springs. I was fortunate enough to attend the last Tenth Circuit conference in 2010, which … Continue reading →

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You’ve got to know when to fold ’em: Tenth Circuit slaps down EEOC for frivolous lawsuit

by Emil J. Kiehne Posted on September 18, 2012

The first paragraph of the Tenth Circuit’s recent decision in EEOC v. TriCore Reference Laboratories says: “Substantiating the old saw that no good deed goes unpunished, the EEOC persisted in litigating this case in spite of clear evidence that TriCore went … Continue reading →

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“You Forgot to Swear In the Jury? No Prob”

by Emil J. Kiehne Posted on September 3, 2012

Joe Palazzolo has this report from the Wall Street Journal’s Law Blog about the Tenth Circuit’s decision in United States v. Turrietta, which reinforces the lesson that a lawyer usually cannot sit by while error occurs and successfuly take advantage of it later.  What makes … Continue reading →

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“Senate Blocks Tenth Circuit Nominee; Could Be Last Such Vote Until After Election”

by Emil J. Kiehne Posted on July 31, 2012

The BLT: The Blog of Legal Times has this report on the Senate’s vote yesterday to continue blocking the nomination of U.S. Magistrate Judge Robert Bacharach of Oklahoma to the Tenth Circuit. I don’t know much about Judge Bacharach, but he … Continue reading →

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Tenth Circuit reverses $13 million jury verdict against BP America

by Emil J. Kiehne Posted on July 20, 2012

On Wednesday, the Tenth Circuit, in Abraham v. BP America Production Company, reversed a $13 million jury verdict against the defendant in a royalty dispute because irrelevant and prejudicial evidence was admitted.  The decision, by Judge Paul Kelly, contains an important reminder … Continue reading →

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“Five Things to Know About Tenth Circuit Judge Stephanie Seymour”

by Emil J. Kiehne Posted on July 13, 2012

The FindLaw 10th Circuit News and Information Blog has this interesting post about Judge Stephanie Seymour, which begins “Back in the 80s and 90s, the name Stephanie Seymour was most commonly associated with Guns’N’Roses videos and Vogue editorials. But as … Continue reading →

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