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Tenth Circuit Expands First-to-File Rule, Dismissing Complaint after Substitution of Parties
  • McDermott Will & Emery
  • USA
  • October 10 2017

On September 18, 2017, the Tenth Circuit reversed a decision of the US District Court for the District of Utah in United States ex rel. Little v

ADA Does Not Mandate Multi-month Leave of Absence As Accommodation, Says Seventh Circuit Court
  • Holland & Hart LLP
  • USA
  • October 5 2017

Rarely do we receive definitive guidance on reasonable accommodations. But the Seventh Circuit Court of Appeals came very close to providing that

Tenth Circuit Dismisses Litigation Over Federal Hydraulic Fracturing Rule
  • Haynes and Boone LLP
  • USA
  • October 2 2017

On September 21, 2017, the Tenth Circuit dismissed two appeals in connection with the Bureau of Land Management’s (“BLM”) Final Rule implementing its

“Trespass is Fine with Us” sayeth the 10th Circuit
  • Clark Hill PLC
  • USA
  • September 29 2017

Free speech is a cherished constitutional right although not at Berkeley, it seems. Our courts usually bend over backwards to protect it. Over the

Update on Sovereign Immunity as a Defense in Post-Grant Proceedings
  • Baker Botts LLP
  • USA
  • September 28 2017

In early September the pharmaceutical company Allergan announced a surprising transfer of its patents related to the billion-dollar dry-eye drug

Seventh Circuit Clarifies ADA is Not a Leave Statute
  • Jackson Lewis PC
  • USA
  • September 26 2017

On September 20, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a significant opinion for employers in Severson v. Heartland Woodcraft

10th Circuit Dismisses Appeal of 2015 Rule Regarding Hydraulic Fracturing on Federal and Indian Lands in Light of Bureau of Land Management's Proposed Rescission
  • Baker Botts LLP
  • USA
  • September 25 2017

Years of regulatory limbo may soon come to an end if the United States Bureau of Land Management (“BLM”) ultimately announces the rescission of the

Tenth Circuit Dismissal of BLM Hydraulic Fracturing Rule Leads to Regulatory Uncertainty
  • Sidley Austin LLP
  • USA
  • September 25 2017

A September 27, 2017 decision by the U.S. Court of Appeals for the Tenth Circuit has created significant confusion on whether federal regulations

Court Holds Project Construction Constitutes “Mining” on Tribal Lands
  • Wilmer Cutler Pickering Hale and Dorr LLP
  • USA
  • September 25 2017

Last week, the United States Court of Appeals for the Tenth Circuit held that excavation work performed by a private company when installing wind

Relators’ Failure to Navigate the FCA’s “Procedural Minefield” Prompts Tenth Circuit Dismissal of Qui Tam Action under the First-to-File Bar
  • Fried Frank Harris Shriver & Jacobson LLP
  • USA
  • September 19 2017

The Tenth Circuit's detailed opinion and reasoning in United States ex rel. Little v. Triumph Gear Sys., Inc., No.16-4152, 2017 WL 4105933 (10th Cir