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U.S. Tenth Circuit

It's the 10th Circuit's Turn to Deal with 'Tiger King' Joe Exotic

By Laura Temme, Esq.

Although former President Donald Trump issued pardons to several celebrities on his way out of office this week, one person was left disappointed that his plea for a pardon went unheard: Joseph Maldonado-Passage, better known as Joe Exotic. The star of Netflix's 'Tiger King' has been jockeying for a pardon for months. In December, he sued the Department of Justice for failing to present his petition for a pardon directly to the then-president.

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Once Again, Marijuana Dispensaries: You Cannot Ignore the IRS.

By Joseph Fawbush, Esq.

Americans largely approve of marijuana. Americans largely disapprove of taxes. Yet, somehow, when pitted against each other, taxes always win. That is the essence of a recent 10th Circuit Court of Appeals case. The issue arose again because the IRS does not allow business deductions for expenses for controlled substances that are illegal under federal law. This is true even in states that have legalized the recreational use of marijuana. Federal law still bans the sale of marijuana.

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Large Ministry Conference in Colorado Continues Despite COVID-19 Restrictions, Court Orders

By Laura Temme, Esq.

A conference of around 700 people hosted by televangelist Andrew Wommack continues in Colorado this week, despite state public health orders and decisions from federal judges. Last month, Liberty Counsel filed suit on behalf of Andrew Wommack Ministries claiming that Colorado Governor Jared Polis's order banning indoor gatherings of more than 175 people discriminated against religious events.

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10th Circuit Weighs in on Qualified Immunity

By Laura Temme, Esq.

In November 2016, a stabbing victim told Okfuskee County Sheriff's Department Deputies Blake Frost and Zachary Scribner that he had been attacked by a man named Josh Williams. According to the victim, Williams fled from the incident in a large black Chevrolet pickup with a loud exhaust and a trailer attached. As the deputies searched for Williams' vehicle, Frost spotted a dark Chevrolet truck without a trailer backing out of a driveway.

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Ute Tribe Holds Exclusive Right to Control Hunting and Fishing on Its Lands, 10th Circuit Finds

By Laura Temme, Esq.

In 2016, a group calling themselves the Uintah Valley Shoshone Tribe began selling hunting and fishing licenses on the Uintah and Ouray Reservation in Utah. However, the federal government has never recognized a tribe by that name. The U.S. government filed suit, arguing that only the Ute Tribe had the right to regulate hunting and fishing on the reservation. The Tenth Circuit Court of Appeals agreed.

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10th Circuit: Marijuana Businesses Still Required to Follow Federal Wage Laws

By Laura Temme, Esq.

Just because your business (technically) violates one federal law, doesn't mean you're off the hook for the rest. Helix TCS, Inc., a security company that caters to state-sanctioned marijuana businesses in Colorado, claimed that because its employment activities violated the Controlled Substances Act, it did not need to follow Federal Labor Standards Act rules on overtime. Well, it was worth a shot.

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