Category Archives: Tenth Circuit

Tenth Circuit rejects challenge to donor disclosure requirement in Colorado election law

by Emil J. Kiehne Posted on February 5, 2016

The Independence Institute wanted to run a television ad right before the 2014 general election that criticized Colorado’s failure to audit its health insurance exchange, and which asked viewers to contact the governor (who was then up for re-election) to … Continue reading →

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Tenth Circuit “judges press Utah about polygamy ban in ‘Sister Wives’ case”

by Emil J. Kiehne Posted on January 22, 2016

Donna Bryson of the Associated Press has this report on yesterday’s Tenth Circuit oral argument in Brown v. Buhman, where the State of Utah is challenging a district court’s ruling striking down parts of a state law banning polygamy. The … Continue reading →

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10th Circuit rejects habeas claim in Ryder death penalty case

by Emil J. Kiehne Posted on January 12, 2016

James Chandler Ryder believed that the apocalypse would occur on January 1, 2000, and planned to flee to the Yukon, where he believed he could survive that event. Daisy Hallum and her son, Sam, were storing supplies that Mr. Ryder … Continue reading →

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10th Circuit rules against officers who allegedly procured false confession from mentally disabled man

by Emil J. Kiehne Posted on January 12, 2016

The Tenth Circuit has affirmed a trial court’s denial of qualified immunity to several Colorado police officers, who are being sued for allegedly using a confession they knew to be false to charge plaintiff Tyler Sanchez, a man with cognitive … Continue reading →

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10th Circuit: Arbitration agreement did not allow plaintiff effective vindication of rights

by Emil J. Kiehne Posted on January 6, 2016

In Nesbitt v. FCNH, Inc., the Tenth Circuit has affirmed a trial court’s decision refusing to enforce an arbitration agreement because it did not allow the plaintiff to effectively vindicate her rights. Rhonda Nesbitt sued defendants, claiming that they violated … 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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Tenth Circuit rejects architectural copyright infringement claim

by Emil J. Kiehne Posted on January 6, 2016

In Savant Homes, Inc. v. Collins, the Tenth Circuit affirmed summary judgment for the defense on a homebuilder’s claim that the defendants built two homes based on its copyrighted architectural design. The design, called the Anders Plan, consists of “a ranch house with … Continue reading →

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Supreme Court asked to review Oklahoma license plate compelled speech case

by Emil J. Kiehne Posted on January 4, 2016

In August 2015, in Cressman v. Thompson, the Tenth Circuit rejected Keith Cressman’s claim that the State of Oklahoma violated his First Amendment right to freedom of speech by requiring him to use a license plate depicting a Native American … Continue reading →

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UNM student will ask Tenth Circuit to revive lawsuit alleging she was penalized for criticizing lesbianism

by Emil J. Kiehne Posted on December 29, 2015

According to this story by Maggie Shepard in the Albuquerque Journal, a University of New Mexico student, Monica Pompeo, will ask the Tenth Circuit to reverse the dismissal of her lawsuit alleging that UNM violated her First Amendment rights by penalizing her … Continue reading →

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Planned Parenthood appeals to 10th Circuit from ruling allowing Utah to cut off funds

by Emil J. Kiehne Posted on December 29, 2015

Last week a federal judge upheld the State of Utah’s decision to cut off funds to Planned Parenthood, an organization that has become increasingly controversial in the wake of undercover videos which allegedly show executives and employees engaged in selling … Continue reading →

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