November 23, 2017

Archives for January 9, 2013

Tenth Circuit: Collateral Order Doctrine Does Not Apply to Denial of State Action Immunity

The Tenth Circuit published its opinion in Auraria Student Housing at the Regency, LLC v. Campus Village Apartments, LLC on Friday, January 4, 2013.

Defendant-Appellant Campus Village Apartments, LLC (“Campus Village”) appealed the denial of its motion to dismiss the complaint of Plaintiff-Appellee Auraria Student Housing at the Regency, LLC (“Regency”). Regency alleged Campus Village conspired with the University of Colorado (CU), Denver to monopolize the provision of student housing in violation of Section 2 of the Sherman Act. Most full-time CU students are required to live in the Campus Village Apartments for their first two semesters. Campus Village moved to dismiss on the basis that state action Parker immunity applied to it as a private party. The district court disagreed.

Regency moved to dismiss Campus Village’s appeal, arguing the Tenth Circuit lacked subject matter jurisdiction because the district court’s denial of Campus Village’s motion to dismiss was not a final order under 28 U.S.C. § 1291. Campus Village argued that the court had jurisdiction under the collateral order doctrine set forth in Cohen v. Beneficial Industrial Loan Corp. The collateral order doctrine allows interlocutory review in limited cases. The Tenth Circuit held that “[e]xtending the collateral order doctrine to private parties contesting an order denying Parker immunity does not serve a substantial public interest and would constitute precisely the type of expansion the doctrine discourages.” It therefore dismissed the appeal.

Colorado Supreme Court: Title Board Lacked Authority to Act Where Fewer than Both Representatives Appeared at Rehearing

The Colorado Supreme Court issued its opinion in In the Matter of Title, Ballot Title, and Submission Clause for Proposed Initiatives 2001-2012 Nos. 67, 68, and 69; Hayes v. Ottke; In the Matter of Title, Ballot Title, and Submission Clause for Proposed Initiatives 2011-2012 Nos. 94 and 95; Walter v. Staelin on Monday, January 7, 2013.

Ballot Title—Statutory Interpretation—CRS §1-40-106—Public Meeting—Designated Representatives.

Petitioners filed original proceedings pursuant to CRS §1-40-107(2), asserting that the Title Board lacked authority to take action with respect to challenged titles because fewer than both of the designated representatives of the Initiative’s proponents appeared at the rehearings. CRS §1-40-106(4)(a) requires “[e]ach designated representative” to appear at “any title board meeting at which the designated representative’s ballot issue is considered,” and CRS §1-40-106(4)(d) states that “[t]he title board shall not set a title for a ballot issue if either designated representative of the proponents fails to appear at a title board meeting.” Consequently, the Supreme Court held that the Title Board lacks authority to set title or take action with respect to challenged titles where fewer than both designated representatives appear at a rehearing. Therefore, the Court reversed the actions of the Title Board in these cases.

Summary and full case available here.

Tenth Circuit: Unpublished Opinions, 1/8/13

On Tuesday, January 8, 2013, the Tenth Circuit Court of Appeals issued three published opinions and six unpublished opinions.

Stine v. U.S. Federal Bureau of Prisons

Cifuentes v. Holder

United States v. Ream

Driscoll v. Dennis

Nation v. First Tennessee Bank Nat’l Ass’n

Williams v. Jones

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Tenth Circuit: Unpublished Opinions, 1/4/13

On Friday, January 4, 2013, the Tenth Circuit Court of Appeals issued two published opinions and four unpublished opinions.

United States v. Ross

United States v. Veleta-Dominguez

United States v. Arellano-Sandoval

United States v. Eaton

No case summaries are provided for unpublished opinions. However, published opinions aresummarized and provided by Legal Connection.