Category Archives: Tenth Circuit

Tenth Circuit holds worker can’t convert early retirement pension to a disability pension

by Emil J. Kiehne Posted on July 30, 2015

For those of you who like ERISA, yesterday the Tenth Circuit decided Martinez v. Plumbers & Pipefitters National Pension Plan, affirming a decision that an employee was not entitled to convert an early retirement pension to a disability pension. Judge … Continue reading →

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Tenth Circuit says woman’s statements may constitute “true threats” against abortion doctor

by Emil J. Kiehne Posted on July 30, 2015

In United States v. Dillard, the Tenth Circuit has reversed the dismissal of a civil enforcement action under the Freedom of Access to Clinic Entrances Act, which prohibits (among other things) using threats of force to interfere with abortion clinics. Angel Dillard, … Continue reading →

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Judge Timothy Tymkovich to be new Chief Judge of the Tenth Circuit

by Emil J. Kiehne Posted on July 27, 2015

This morning Chief Judge Mary Beck Briscoe announced that she will step down as chief judge of the Tenth Circuit, effective September 30, 2015, according to this news release on the Tenth Circuit’s website. Judge Timothy Tymkovich will serve as … Continue reading →

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10th Circuit rules against Little Sisters of the Poor on contraceptive mandate “accommodation”

by Emil J. Kiehne Posted on July 14, 2015

Today the 10th Circuit issued its long-awaited (and just plain long) opinion in Little Sisters of the Poor v. Burwell, in which several religious groups are challenging the so-called accommodation that the Department of Health and Human Services is providing to … Continue reading →

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10th Circuit affirms Windstream’s win in sex and age discrimination case

by Emil J. Kiehne Posted on July 10, 2015

The Tenth Circuit has affirmed a summary judgment that Windstream Communications obtained against the plaintiff, Susan Bennett, who alleged that the company had engaged in sex and age discrimination. See Bennett v. Windstream Communications, Inc.  One wonders why this case … Continue reading →

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It’s too late to ask for arbitration after class certification, says 10th Circuit

by Emil J. Kiehne Posted on June 26, 2015

In Healy v. Cox Communications, Inc., an antitrust class action, the Tenth Circuit affirmed an order finding that Cox Communications waived any right it may have had to compel arbitration because it didn’t ask for arbitration until “after extensive discovery, class certification, potentially … Continue reading →

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10th Circuit revives Jemez Pueblo’s claim to Valles Caldera

by Emil J. Kiehne Posted on June 26, 2015

While many people today are focused on decisions issuing from some court in Washington, D.C., the Tenth Circuit issued an opinion reviving Jemez Pueblo’s efforts to regain ownership of Valles Caldera (i.e. the most beautiful place in New Mexico, in my … 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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“Tenth Circuit to Tackle Second Amendment Appeal”

by Emil J. Kiehne Posted on June 17, 2015

Peter Krumholz of the Rocky Mountain Appellate Blog has this post about an interesting Second Amendment case recently briefed in the Tenth Circuit. The appellants are challenging a Colorado statute that (a) bans magazines with more than 15 rounds and … Continue reading →

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10th Circuit: If you fail to pay arbitration fees, your case will be sent back to court

by Emil J. Kiehne Posted on May 28, 2015

Todd Cahill was sued by his former employer. Mr. Cahill removed the case to federal district court, argued that the lawsuit was subject to an arbitration agreement, and asked the lawsuit be stayed so that the dispute could be arbitrated. For … Continue reading →

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