In Waetzig v. Halliburton Energy Services, No. 22-1252 (10th Cir. Sept. 11, 2023), a 2-1 panel of the Tenth Circuit holds that a district court lacks power under Rule 60(b) to reopen a case voluntarily dismissed by a plaintiff under Rule 41(a), because such a dismissal is not a “a final judgment, order, or proceeding.”Continue reading “Tenth Circuit Holds District Court May Not Use Fed. R. Civ. P. 60(b) to Reopen a Case Voluntarily Dismissed Under Fed. R. Civ. P. 41(a), Creating Split with the Fifth Circuit”
Tag Archives: Tenth Circuit
Anonymity for Plaintiff Properly Revoked When Litigant Sought Publicity and “Disseminated Sensitive Material” About the Defendant, Holds Tenth Circuit
In Luo v. Wang, No. 22-1200 (10th Cir. July 3, 2023), a rare published opinion about the revocation of a pseudonym in a civil case, the Tenth Circuit affirms the lower courts reconsideration of the plaintiff’s use of the “Jane Doe” appellation when it came to light that the plaintiff had been seeking media attentionContinue reading “Anonymity for Plaintiff Properly Revoked When Litigant Sought Publicity and “Disseminated Sensitive Material” About the Defendant, Holds Tenth Circuit”
Tenth Circuit Sets Low Bar for Fed. R. Civ. P. 26(a)(2)(C) Disclosures for Non-Retained Experts in Truck Collision Case
In Vincent v. Nelson, No.20-8030 (10th Cir. Oct. 27, 2022), in an issue of first impression, the Tenth Circuit holds that a pre-trial disclosure under Fed. R. Civ. P. 26(a)(2)(C) for non-retained experts may be fairly general in form to support their testimony at trial, in contrast to the more rigorous demands for retained expertsContinue reading “Tenth Circuit Sets Low Bar for Fed. R. Civ. P. 26(a)(2)(C) Disclosures for Non-Retained Experts in Truck Collision Case”
No Interlocutory Appeal of Decision Denying Summary Judgment on Title VII “Ministerial Exception” Defense, Split Tenth Circuit Panel Holds
In Tucker v. Faith Bible Chapel Int’l., No. 20-1230 (10th Cir. June 7, 2022), a 2-1 panel of the Tenth Circuit holds that there is no appellate jurisdiction under the collateral-order doctrine to review the denial of summary judgment on the “ministerial exception” recognized by the U.S. Supreme Court. Two Supreme Court decisions from theContinue reading “No Interlocutory Appeal of Decision Denying Summary Judgment on Title VII “Ministerial Exception” Defense, Split Tenth Circuit Panel Holds”
Tenth Circuit Affirms Preliminary Injunction Under Lanham Act, but “Went Too Far” With Mandatory Provision Requiring Removal of Two Sculptures from School Campus
In The Trial Lawyers College v. Gerry Spence Trial Lawyers College, No. 20-8038 (10th Cir. Jan. 27, 2022), the Tenth Circuit substantially affirms a district court’s preliminary injunction in a dispute between two rival factions at a trial-lawyer school, though it holds the district court abused its discretion by “ordering removal of sculptures bearing theContinue reading “Tenth Circuit Affirms Preliminary Injunction Under Lanham Act, but “Went Too Far” With Mandatory Provision Requiring Removal of Two Sculptures from School Campus”
Split Tenth Circuit Holds That FISC’s Pre-Clearance Rulings Under Section 702 Program Are Not “Advisory Opinions” in Violation of Article III
As part of a 170-page decision (with a 48-page dissent) affirming a criminal conviction for conspiring and providing material support to a State Department-designated foreign terrorist organization, United States v. Muhtorov, No. 18-1366 (10th Cir. Dec. 8, 2021), the panel divides over whether annual preapproval of surveillance procedures by the Foreign Intelligence Surveillance Court (FISC)Continue reading “Split Tenth Circuit Holds That FISC’s Pre-Clearance Rulings Under Section 702 Program Are Not “Advisory Opinions” in Violation of Article III”
Tenth Circuit Panel Splits Over Analysis of Finality of Judgment When Unserved Party Remained in the Case
In Adams v. C3 Pipeline Constr., No. 20-2055 (10th Cir. Nov. 2, 2021), the panel holds that the appeal was timely filed “more than 10 months after the summary judgment order” being appealed “but only three weeks after” final judgment was entered against a defaulting party. Still, the judges disagree on the correct analysis ofContinue reading “Tenth Circuit Panel Splits Over Analysis of Finality of Judgment When Unserved Party Remained in the Case”
Tenth Circuit Holds That a Single Phone Call That the Debtor Didn’t Even Answer Created Standing Under the FDCPA, Breaking with the Seventh Circuit
In a blog entry dated December 16, 2020, I summarized five decisions by the Seventh Circuit that dramatically crimped Article III standing in Fair Debt Collection Practices Act (FDCPA) cases. In yesterday’s decision, Lupia v. Medicredit, No. 20-1294 (10th Cir. Aug. 17, 2021), the Tenth Circuit expressly rejects the Seventh Circuit’s approach and holds thatContinue reading “Tenth Circuit Holds That a Single Phone Call That the Debtor Didn’t Even Answer Created Standing Under the FDCPA, Breaking with the Seventh Circuit”
Tenth Circuit Declines Appellate Jurisdiction to Review District Court’s Findings in Investigation of a U.S. Attorney’s Office
In United States v. Carter, No. 20-3042 (10th Cir. May 4, 2021), the Tenth Circuit holds that it lacks jurisdiction to review a district court’s investigation of recordings of attorney-client communications at a federal detention center, obtained by the United States Attorney’s Office in Kansas (USAO). “After learning that the USAO had these recordings, theContinue reading “Tenth Circuit Declines Appellate Jurisdiction to Review District Court’s Findings in Investigation of a U.S. Attorney’s Office”
Tenth Circuit Finds No “Practical Finality” Exception to Administrative Remand Rule in IDEA Case
In C.W. v. Denver Cnty. Sch. Dict., No. 19-1407 (10th Cir. Apr. 20, 2021), the panel dismisses an Individuals with Disabilities Education Act appeal under the “administrative remand” rule and remands with directions to stay the action pending the administrative hearing. “Through his parents, C.W. sought and received a due process hearing with a stateContinue reading “Tenth Circuit Finds No “Practical Finality” Exception to Administrative Remand Rule in IDEA Case”
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