In Valentine v. Verizon Wireless, LLC, 2025 WL 1742828 (10th Cir. June 2025), the U.S. Court of Appeals for the Tenth Circuit issued a non-precedential decision affirming the district court’s resolution of a commercial employment-related dispute involving claims against Verizon Wireless.
The appellate panel, determining that oral argument would not materially assist in resolving the appeal, submitted the case without oral argument in accordance with Federal Rule of Appellate Procedure 34(a)(2) and Tenth Circuit Rule 34.1(G). The court’s decision, while non-binding precedent, may be cited for its persuasive value under Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1.
Importantly, the order and judgment are enforceable under the doctrines of law of the case, res judicata, and collateral estoppel.
Key Commercial Litigation Takeaways:
- Streamlined Appellate Review: The Tenth Circuit’s decision to forgo oral argument reinforces that not all commercial or employment disputes on appeal require extended proceedings, particularly where the record and briefing sufficiently frame the legal issues.
- Persuasive Authority: Although non-precedential, the court’s reasoning in Valentine can still inform legal arguments in future cases within the Tenth Circuit, particularly where similar fact patterns arise.
- Finality of Judgment: The judgment, while non-precedential, carries preclusive weight in subsequent litigation between the parties under established doctrines.
This case serves as a reminder that non-precedential appellate decisions can still have significant practical and strategic consequences in ongoing and future commercial litigation, particularly where employment or contractual relationships are at issue.
