U.S. Tenth Circuit: October 2012 Archives
U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

October 2012 Archives

Multiplicity: More Than a Bad Michael Keaton Movie

After Michael Keaton retired his Batsuit in the early 90s, he went on to star with Andie McDowell in Multiplicity. We watched it. In a theatre. It was terrible.

For years, we've blocked out the word "multiplicity" because it prompts cinematic PTSD episodes. Today, we're overcoming that obstacle to discuss how it applies to improper sentencing in Tenth Circuit appeals.

Sola Salon Didn't Breach Lease By Assigning Rights

It's not often that we come across a Tenth Circuit Court of Appeals case that is largely dedicated to the elements of a contract instead of precedent. Today's case, Sola Salon Studios v. Heller, is a rare exception.

Sola Salon owns salon studios throughout the country, but its operational structure is rather unusual. Sola does not employ beauticians or stylists, and instead contracts with those kinds of professionals to use space that Sola leases from someone else, and allows the professionals to operate their own independent salon studios.

The Tenth Circuit paraphrased Sola's motto as "the stylists are in business for themselves, but not by themselves."

Social Security Can Be Excluded from Disposable Income Calculation

While bankruptcy rates continue to decline, there are still plenty of people filing for bankruptcy. And many of those seeking bankruptcy protection are senior citizens.

Seniors filing for bankruptcy raise a unique question: Should Social Security Income be included in the petitioner's disposable income calculation? According to the Tenth Circuit Court of Appeals, it doesn't have to be.

No Notice of Appeal? No Problem

A notice of appeal isn't the only way to challenge an issue in the Tenth Circuit Court of Appeals.

This week, the Denver-based court concluded that appellants who contested an attorney's fees award in their opening brief on a related issue satisfied the requirements of Federal Rule of Appellate Procedure (FRAP) 3(c)(1).

Tenth Circuit: Head of State Immunity Bars Rwanda Genocide Case

On April 16, 1994, two surface-to-air missiles downed an aircraft carrying then Rwandan and Burundi Presidents, Juvenal Habyarimana and Cyprien Ntaryamira, both of Hutu ethnicity, over the Rwandan capital of Kigali. Both were killed in the attack.

The killings fueled the Rwandan genocide, and cost more than one million innocent victims their lives.

Some people, including the presidents’ widows, believe the then Tutsi-led Rwandan Patriotic Front — headed by current Rwandan President Paul Kagame — was behind the killings. Even if that’s true, the Tenth Circuit Court of Appeals ruled this week that the widows cannot sue Kagame in a U.S. court due to head of state immunity.

Supreme Court Rejects Roadless Rule Review

The Supreme Court won't touch the Roadless Rule in the 2012 Term.

Monday, the Court denied petitions for certiorari from the Colorado Mining Association and the State of Wyoming, which were asking for review of the Clinton-era rule, Environment News Service reports.

'You're Going to Jail Because You've Got a Case of the Attitude'

This week, the Tenth Circuit Court of Appeals clarified that -- despite the government's increasing interference to every aspect of a person's life -- having "a case of the attitude" is not an arrestable offense.

The Los Lunas, New Mexico Police Department received an anonymous call reporting a loud argument at Michael Storey's address. The Department dispatched Officer Taylor to investigate. Though Taylor didn't hear an argument when he arrived at Storey's residence, he proceeded to ask Storey about the yelling match.