August 25, 2019

Archives for August 31, 2010

Tenth Circuit: Opinions, 8/31/10

The Tenth Circuit on Tuesday issued no published opinions and three unpublished opinions.


Kornfeld v. Kornfeld

Robinson v. Astrue

Curry v. Daley

Wal-Mart Appeals Class Action Case to U.S. Supreme Court

As reported by SCOTUSblog, Wal-Mart has petitioned the Supreme Court to review the Ninth Circuit’s 6-5 determination that upwards of 1.5 million women who have worked for Wal-Mart over the past decade may bring a class action against the corporation for discrimination based on sex, calling it “one of the most important class-action decisions since the modern Rule 23 [governing such claims] was adopted in 1966.”

The Ninth Circuit’s order stated that “the lawsuit will embrace the claims of ‘all women employed at any Wal-Mart domestic retail store at any time since December 26, 1998, who have been or may be subjected to Wal-Mart’s challenge pay and management track promotions policies and practices.'”

Wal-Mart contends that the class is the largest in history and may violate due process, the Federal Rules of Civil Procedure, as well as the Constitution.

See SCOTUSblog for more information about the class action.

(image source: United States Supreme Court)

Colorado Court of Appeals: Week of August 22, 2010 (No Published Opinions)

The Colorado Court of Appeals issued no published opinions and 42 unpublished opinions for the week of August 22, 2010.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. Case announcements are available here.

Tenth Circuit: Opinions, 8/30/10

The Tenth Circuit on Monday issued one published opinion and one unpublished opinion.


In Flood v. ClearOne Communications, Inc., the Court vacated the district court’s decision. The former CEO of ClearOne claimed she was contractually entitled to an advancement of attorney’s fees from the corporation for her criminal trial, for which the district court granted a preliminary injunction requiring the corporation to provide the advancement. However, the court misread the parties’ obligations under the contract and disregarded express conditions to such an advancement that were specified in the agreement.


In re: Oscar A. Stilley

No Colorado Supreme Court Opinions: Week of August 29, 2010

There are no new cases to report.