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SmallMediumLarge PrintTenth Circuit Adopts Ascertainability Test and Clarifies Class Action Requirements

In Cline v. Sunoco, Inc. R&M, the U.S. Court of Appeals for the Tenth Circuit largely affirmed the federal district court’s rulings certifying a class and awarding damages, and in the process, adopted the majority test for determining whether the class members are ascertainable.

January 02, 2026Expert OpinionTenth Circuit Holds That Seven-Day Waiting Period for Firearms Purchases Likely Violates the Second Amendment

In Ortega v. Grisham, the U.S. Court of Appeals for the Tenth Circuit held that New Mexico’s statutory seven-day “cooling-off” period before a consumer may obtain a firearm was likely an unconstitutional infringement of the Second Amendment right to bear arms.

October 22, 2025Expert OpinionTenth Circuit Rejects BLM Plan to Manage Wild Horse Populations as Arbitrary and Capricious

The Wild Horses Act places wild horses—symbols of the West’s pioneer spirit—under federal protection and management. In southern Wyoming though, these herds largely live on “checkerboard land,” in other words, lands that alternate between public and private ownership, creating a checkerboard effect. After its enactment, wild horse populations exploded, leading to damaged habitats.

August 01, 2025Expert OpinionTenth Circuit Affirms Dismissal of Substantive Due Process Challenge to School District’s Gender-Identity Policies

In Lee v. Poudre School District R-1, the U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of a complaint filed by parents alleging that Poudre School District maintained official policies discouraging disclosure of transgender or nonbinary students’ gender identities, thus violating their substantive-due-process right to the care, custody and control of their children. The circuit court ruled that the parents had failed to adequately allege municipal liability.

May 13, 2025Expert OpinionTenth Circuit Explains That 'Pickering' Balancing Is Rarely Appropriate in Ruling on Motions to Dismiss

In Brown v. City of Tulsa, involving a former police officer’s First Amendment retaliation claim under 42 U.S.C. Section 1983 (Section 1983), the U.S. Court of Appeals for the Tenth Circuit held that conducting Pickering balancing at the motion to dismiss stage is almost always improper.

February 19, 2025Expert OpinionTenth Circuit Affirms Judgment in Marijuana Business Dispute But Remands Order Enforcing Judgment Over Public Policy Concerns

In a case presenting "a question about the nature and extent to which a federal court may act to resolve a dispute related to a marijuana business that operates legally under state law," a divided panel of the U.S. Court of Appeals for the Tenth Circuit vigorously debated public policy concerns—namely, whether a federal court can enforce a judgment arising from a contract that is illegal under federal law.

August 21, 2024CommentaryTenth Circuit Declines to Extend Collateral Order Doctrine to Encompass Interlocutory Orders on 'Bivens' Claims 

Along with the Third and the Sixth Circuits, the Tenth Circuit is the third circuit court to conclude that the collateral order doctrine does not provide for immediate review under similar circumstances.

June 28, 2024CommentaryTenth Circuit Warns Against Ignoring Procedural Rules in Declining to Reach the Merits of a Criminal Appeal

A recent Tenth Circuit opinion underscores the procedural requirements to preserve issues for review in both the trial court and on appeal.

April 05, 2024Commentary10th Circuit Rejects Request to Vacate $13.5M Stipulated Judgment With FTC Notwithstanding Change in Law

Despite the U.S. Supreme Court's decision in AMG Capital Management v. Federal Trade Commission, 593 U.S. 67 (2021), holding that Section 13(b) of the Federal Trade Commission Act does not allow for equitable monetary relief, the U.S. Court of Appeals for the Tenth Circuit affirmed the rejection of a Rule 60(b)(6) motion to vacate a stipulated judgment for payment of equitable monetary relief that was entered before the AMG decision was issued.

February 13, 2024AnalysisTenth Circuit Rejects Qualified Immunity Defense in Section 1983 Suit Arising out of George Floyd Protests

The U.S. Court of Appeals for the Tenth Circuit rejected three police officers' qualified immunity defenses. The court determined it was clearly established that police cannot shoot nonlethal projectiles at protesters who committed no serious crime, were not a threat, and were not attempting to flee.

December 14, 2023AnalysisPrevious1234NextFor YouLoading For You...

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