judge allison eid
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10th Circuit finds no constitutional violation from warrantless arrest in man’s front yard
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The federal appeals court based in Denver agreed on Wednesday that Greeley police did not violate the U.S. Constitution by walking onto a man’s front yard and pulling him out of his vehicle for a traffic infraction without a warrant. The Fourth Amendment generally requires law enforcement to obtain a warrant before conducting searches and…
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‘Not there to trip you up’: 10th Circuit judges encourage, warn lawyers about appeal strategy
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Three members of the federal appeals court based in Denver provided a rare glimpse on Thursday into their work of deciding cases, sharing both words of encouragement and warning about how to best present an argument in the U.S. Court of Appeals for the 10th Circuit. “Think about oral argument as a conversation,” said Judge…
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10th Circuit rules Black Hawk casino’s insurance policy did not cover COVID-19 closure
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The federal appeals court based in Denver decided last week that a Black Hawk casino’s insurance policy, with limited exception, did not provide for hundreds of millions of dollars in coverage during the period in 2020 when COVID-19 forced businesses to halt or modify their operations. Monarch Casino & Resort, Inc. sued its insurer, Affiliated…
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Divided 10th Circuit restricts judges’ ability to address unfair arbitration outcomes
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Even if a private arbitrator did not follow the agreed-upon procedures or explain her reasoning, a man could not ask a judge to order a redo of his age discrimination proceedings, the federal appeals court based in Denver ruled on Monday. The effect of the decision was to clarify – and narrow – the ability of judges to step…
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10th Circuit judges urge full-court consideration of immigration issue, while siding with man’s torture claims
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The Denver-based federal appeals court has agreed a Colorado immigration judge was wrong when he concluded Costa Rican police officers who abducted and raped a man, while wearing their uniforms and using their police car, were not actually acting in their government roles. Consequently, a three-judge panel of the U.S. Court of Appeals for the…
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10th Circuit upholds immunity for Lafayette officers who used dog to bite unarmed man
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Lafayette police officers who deployed a dog to bite an unarmed, allegedly unconscious man for 15-20 seconds cannot be held liable for excessive force, the federal appeals court based in Denver ruled last week. Adrian Martinez was lying in the fetal position in a locked storage closet when police broke the door and immediately told…
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10th Circuit throws out challenge to military’s now-rescinded COVID vaccine mandate
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The federal appeals court based in Denver dismissed an attempt by two ex-military personnel to halt the U.S. Department of Defense’s COVID-19 vaccination requirement, recognizing on Thursday that the government had already rescinded the mandate and there was nothing for the court to block. A three-judge panel of the U.S. Court of Appeals for the…
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10th Circuit upholds Colorado Springs police’s gun search after second look at case
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Two years after ruling that Colorado Springs police used an unconstitutional search warrant to recover illegally owned guns from a man’s property, the federal appeals court based in Denver has conceded the officers nonetheless acted in good faith. The decision means the key evidence of a crime – the guns themselves – did not need to be…
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10th Circuit says no refunds for Vail Resorts customers after curtailed 2020 ski season
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Three years after the COVID-19 pandemic forced Vail Resorts to halt operations for the 2019-2020 season, the federal appeals court based in Denver has ruled passholders cannot sue the ski conglomerate for refunds. Vail customers from Colorado and other states pursued a class action lawsuit against the company on the theory that the Epic Passes…
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By 2-1, 10th Circuit finds government wrongly denied asylum application of man threatened by cartel
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Immigration authorities wrongly denied the asylum application of a man who assisted law enforcement in the United States only to be threatened by cartel members upon his deportation to Mexico, the federal appeals court based in Denver ruled on Monday. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit decided, 2-1,…
