The Tenth Circuit ruled that the Trolley Square victims represented by Cassell had not shown an “extraordinary situation” requiring appellate court intervention.
Professor Cassell criticized the decision, saying: “The 10th Circuit applied the strictest possible standard of review to the Antorbuses’ claim, differing from the holdings of the federal appeals courts in New York and California. Sadly, it appears that the Antrobuses would have won if their case had been filed in New York or California. I intend to ask either the full Tenth Circuit or the U.S. Supreme Court to review this case and bring the law in this Circuit into conformity with the law of the other circuits. ”