August 2011 Archives

It’s funny what we consider a victory in court. So many times, victory isn’t a decision on the ultimate issue, it’s a procedural step that enables or delays an action.

Take, for example, last week’s Tenth Circuit Court of Appeals decision in Diné Citizens Against Ruining our Environment v. Klein, a case dealing with a mining permit. The Tenth Circuit ruled last week that it did not have jurisdiction to consider an issue that a district court remanded to a federal agency. There hasn’t been a decision on the ultimate issue, yet Diné Citizens Against Ruining Our Environment and San Juan Citizens Alliance (Citizens) are claiming victory.

So what exactly happened to prompt this talk of victory and defeat?

Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list.

Today's topic: appellate mediation in the Tenth Circuit.

The Tenth Circuit Mediation Office, staffed by attorney-mediators, conducts mediation in civil appeals pursuant to Federal Rule of Appellate Procedure 33 and 10th Circuit Rule 33.1. The Court's mediation process provides confidential, risk-free opportunities for parties to resolve their disputes without the need of a further judicial decision. Here are a few things you should know about Tenth Circuit mediation.

The Kansas Attorney General's office filed a notice of appeal in the Tenth Circuit Court of Appeals last week, asking the court to overturn a district court order and allow the state to proceed with a plan that would cut funding to Planned Parenthood.

U.S. District Judge Thomas Marten granted Planned Parenthood of Kansas and Mid-Missouri's injunction to halt a state ban on funding for the organization on August 1. Judge Marten found that the Kansas law unconstitutionally punished Planned Parenthood for advocating for abortion rights.

If Tenth Circuit Court of Appeals Judge Neil Gorsuch ever decides to leave the bench, he may have a future in travel writing.

In a case challenging the admission fee to Mount Evans, a U.S. Forest Service area outside of Denver, Judge Gorsuch delivered an eloquent opinion upholding the price of admission to national forests while promoting Mount Evans' breathtaking views and summertime recreational offerings.

A Utah environmental activist who was sentenced to two years in prison last week will appeal his sentence to the Tenth Circuit Court of Appeals.

Tim DeChristopher, sentenced on July 26 to two years in prison and ordered to pay $10,000 in fines, gained notoriety as Bidder Number 70 at a federal drilling rights auction in 2008.