10th Circuit Revives Boilermakers' Pension Claims, Says Missing Deadline Notice Bars Defense
The appeals court ruled that plan administrators who fail to tell claimants how long they have to sue cannot later invoke that deadline against them.
U.S. Court of Appeals for the Tenth Circuit
Tenth Circuit Splits Colorado Ghost-Gun Case: Standing Advances on Possession and Purchase Bans, Manufacturing Claim Falls
A divided panel lets part of a Second Amendment challenge to Colorado's unserialized firearm-parts law move forward, rejecting the state's view that possession restrictions are merely conditions on commercial sales while narrowing which claims plaintiffs may bring.
Tenth Circuit: IGRA Strips Tribal Immunity for Casino-Siting Suit, But RICO Claims Against Officials Split
In Comanche Nation v. Ware, the court holds that IGRA's abrogation clause reaches suits by any tribe, not just compact parties, while Ex parte Young does not open the door to official-capacity RICO claims absent an enforcement connection.
Tenth Circuit Upholds Firearm Sentence Despite Guidelines Error
The panel said a defendant challenging a firearm-related sentencing enhancement showed error over a marijuana-possession predicate, but not the kind of plain error needed to undo his 77-month sentence.
10th Circ. Revives Gay Walmart Worker’s Hostile Workplace Claim
The Tenth Circuit said a former Walmart employee presented enough evidence for a jury to hear his hostile-work-environment claim, while affirming the dismissal of his other discrimination-related theories.
Tenth Circuit Says FERC Authority Dooms Kansas Uri Gas Suits
The Tenth Circuit held that Kansas consumers' storm-pricing claims against wholesale natural-gas suppliers are field-preempted by the Natural Gas Act.
Tenth Circuit Rejects Murder Defendant's Trial-Concession Challenge
The panel said counsel's second-degree murder strategy did not trigger McCoy structural error or Cronic presumed prejudice in Kyle Quentin Sago's postconviction bid.
Tenth Circuit Says Immigrant Detainee Must Get Bond Hearing
The panel rejected the federal government's new reading of immigration detention law, deepening a fast-moving circuit split over mandatory detention for noncitizens arrested inside the U.S.