Category Archives: Tenth Circuit

10th Cir.: Remand order under McCarran-Ferguson Act isn’t appealable

by Emil J. Kiehne Posted on May 11, 2015

When an insurer becomes insolvent, state law (not federal bankruptcy law) controls the proceedings. A Utah insurer became insolvent, and the liquidator sued several affiliate companies in state court to recover funds that the insurer transferred to them before going belly … Continue reading →

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10th Circuit: New Mexico county’s challenge to election injunction is moot

by Emil J. Kiehne Posted on May 6, 2015

A lot of problems occurred in the City of Rio Rancho during the 2012 general election. Long lines as a result of too few voting locations drove many potential voters to give up in frustration. Several voters filed a Section … Continue reading →

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U.S. Chamber of Commerce files amicus brief in 10th Circuit arguing against excessive punitive damages

by Emil J. Kiehne Posted on May 4, 2015

According to this post from the Mayer Brown law firm’s terrific Punitive Damages Blog, the U.S. Chamber of Commerce has filed an amicus curiae brief in Lompe v. Sunridge Partners, LLC, arguing that a federal district court in Wyoming incorrectly … Continue reading →

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10th Circuit: Appellant must actually explain how the trial court erred to win on appeal

by Emil J. Kiehne Posted on April 30, 2015

“The first task of an appellant is to explain to us why the district court’s decision was wrong.” So begin’s today’s opinion in Nixon v. City and County of Denver, in which the Tenth Circuit again had the unfortunate task … Continue reading →

Posted in Appellate Practice, Tenth Circuit | Tagged , | 1 Comment

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Yesterday the Tenth Circuit issued a non-precedential order, written by Judge Neil Gorsuch, dismissing the appeal in Alejandre-Gallegos v. Holder, an immigration case.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 to hold oral arguments in Albuquerque on November 13

by Emil J. Kiehne Posted on October 21, 2014

On Thursday, November 13, the Tenth Circuit will hold oral arguments in a number of cases at the University of New Mexico School of Law in Albuquerque, according to this announcement. The headliner is Pueblo of Jemez v. United States, a lawsuit … Continue reading →

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10th Circuit: If you think someone’s stealing your beer, take your claim to the bar before it’s barred

by Emil J. Kiehne Posted on August 26, 2014

Eric Alden knew something funny was going on at the Wyoming liquor store that he managed and operated. In 2005, the store’s accountant notified him that beer purchases had exceeded beer sales for some time. Mr. Alden also learned about significant discrepancies … Continue reading →

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Tenth Circuit proposes changes to its local rules; comment period open through October 20

by Emil J. Kiehne Posted on August 25, 2014

The Tenth Circuit is inviting comment on the latest proposed changes to its local rules. The Clerk’s Office has released this memo summarizing the changes, and you can review the actual changes in redline in this lengthy document. The most … 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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Tenth Circuit Scorecard, October Term 2013

by Emil J. Kiehne Posted on July 1, 2014

The Supreme Court’s October 2013 Term concluded yesterday, so now it’s time to take a look at how our beloved Tenth Circuit fared. The answer is “pretty well.” The Supreme Court reviewed four cases from the Tenth Circuit, affirming two … Continue reading →

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