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Greenberg Traurig LLP | USA | 21 Jun 2022

Another Micro-Captive-Case Loss: 10th Circuit Affirms Tax Court Ruling in Reserve Medical Corp. v. Commissioner

On May 13, 2022, in Reserve Mechanical Corporation v. Commissioner,1 the U.S. Court of Appeals for the Tenth Circuit affirmed a Tax Court decision…
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Patterson Belknap Webb & Tyler LLP | USA | 26 May 2022

Tenth Circuit Reverses, Finds Bakery’s Lanham Act Claim Under-Proofed

A common maxim in the service industry is that the customer always knows best. But a recent decision from the Tenth Circuit suggests that the maxim…
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Holland & Hart LLP | USA | 16 May 2022

Tenth Circuit Reverses Denial of Asylum to Transgender Woman Under the Compulsion Standard

The circuit court reversed the Board of Immigration Appeals' decision rejecting the petitioner's asylum claim, ruled that she was eligible for asylum…
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Crowell & Moring LLP | USA | 3 May 2022

Restrictive Covenants in the Tenth Circuit

Within the Tenth Circuit, states vary in their enforcement of restrictive covenants. Wyoming, Kansas, and New Mexico govern the use of restrictive…
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Holland & Hart LLP | USA | 13 Apr 2022

Tenth Circuit Adopts Expansive Reading of Express-Preemption Provision

In 'Thornton v. Tyson Foods', the Tenth Circuit took up the scope of the preemption provision in the Federal Meat Inspection Act. In doing so, the…
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McDermott Will & Emery | USA | 31 Mar 2022

Half-Baked Case: No Misappropriation or False Advertising Given Over-Broad Allegations

The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a defendant Baker on a trade dress…
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Comar Mollé LLP | USA | 15 Mar 2022

Climate Change Legal Strategy: Key Considerations

As greenhouse gases continue their relentless rise into the atmosphere, companies must assess the risks of climate change to their businesses and to…
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Kilpatrick Townsend & Stockton LLP | USA | 22 Feb 2022

Tenth Circuit affirms dismissal of false advertising class action predicated on puffery

In a recent post, we reported on the Second Circuit’s affirmance of a district court order dismissing a false advertising class action based on…
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Holland & Hart LLP | USA | 16 Feb 2022

The Tenth Circuit Reverses Qualified Immunity for University Official Under Rule 12(B)(6) in Student Speech Case

On appeal, circuit court holds that First Amendment protection of student speech is clearly established for purposes of qualified immunity. Law.com…
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Fredrikson & Byron PA | USA | 9 Feb 2022

A Critical Election: BAP or District Court?

In the First, Sixth (in some districts within the circuit), Eighth, Ninth and Tenth Circuits an appeal from a bankruptcy court order may go either to…
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