10th Circuit Case Commentaries

Law-of-the-Case Bars Codefendants’ Relitigation in Successive Appeals; Managerial Control and Proceeds Suffice to Uphold § 846 Marijuana Conspiracy Conviction

Date: Sep 25, 2025

Law-of-the-Case Bars Codefendants’ Relitigation in Successive Appeals; Managerial Control and Proceeds Suffice to Uphold § 846 Marijuana Conspiracy Conviction Introduction In United States v. Weng,...

Specifics or No Second Chance: Tenth Circuit Confirms FMSHRC’s Discretion to Deny Reopening of Mine Act Defaults Absent Detailed Causation and Prospective Safeguards

Date: Sep 24, 2025

Specifics or No Second Chance: Tenth Circuit Confirms FMSHRC’s Discretion to Deny Reopening of Mine Act Defaults Absent Detailed Causation and Prospective Safeguards Introduction In Tintic...

Between Silence and Speech: No Plain Doyle Error in Mixed Post‑Miranda “Partial Silence” Cases — United States v. White (10th Cir. 2025)

Date: Sep 24, 2025

Between Silence and Speech: No Plain Doyle Error in Mixed Post‑Miranda “Partial Silence” Cases — United States v. White (10th Cir. 2025) Court: United States Court of Appeals for the Tenth Circuit...

Tenth Circuit Clarifies: No Post‑Judgment Right to Unseal or Obtain Records Absent a Particularized Legal Need or Pending Proceeding — United States v. Geddes

Date: Sep 11, 2025

Tenth Circuit Clarifies: No Post‑Judgment Right to Unseal or Obtain Records Absent a Particularized Legal Need or Pending Proceeding — United States v. Geddes Introduction In United States v. Geddes,...

Equitable Estoppel Cannot Broaden “Between the Parties” Arbitration Clauses; Principal’s Waiver Extinguishes an Agent’s Ability to Compel Arbitration — Fucci v. First American Title Insurance Co. (10th Cir. 2025)

Date: Sep 11, 2025

Equitable Estoppel Cannot Broaden “Between the Parties” Arbitration Clauses; Principal’s Waiver Extinguishes an Agent’s Ability to Compel Arbitration — Fucci v. First American Title Insurance Co....

Tenth Circuit Clarifies Appeal-Waiver Cap Tied to a Fixed Offense Level: A Sentence Below the Level-35 Top End Is Unappealable Even If the Court Calculates a Higher Offense Level

Date: Sep 11, 2025

Tenth Circuit Clarifies Appeal-Waiver Cap Tied to a Fixed Offense Level: A Sentence Below the Level-35 Top End Is Unappealable Even If the Court Calculates a Higher Offense Level Introduction In...

Quiet Title Act Exclusivity Forecloses APA/DJA Routes for Split‑Estate Subsurface Traversal Disputes: Commentary on True Oil, LLC v. Bureau of Land Management (10th Cir. 2025)

Date: Sep 10, 2025

Quiet Title Act Exclusivity Forecloses APA/DJA Routes for Split‑Estate Subsurface Traversal Disputes: Commentary on True Oil, LLC v. Bureau of Land Management (10th Cir. 2025) Introduction In True...

Timing and Audience as “Guardrails” for Political Purpose: Tenth Circuit Upholds New Mexico’s Pre‑Election Donor Disclosure for Mention‑Only Ads

Date: Sep 10, 2025

Timing and Audience as “Guardrails” for Political Purpose: Tenth Circuit Upholds New Mexico’s Pre‑Election Donor Disclosure for Mention‑Only Ads Introduction In Rio Grande Foundation v. Oliver, the...

When a Vehicle Poses a Traffic Hazard, Police May Impound and Conduct a Caretaking Search Without Sanders Analysis — United States v. Brown (10th Cir. 2025)

Date: Sep 9, 2025

When a Vehicle Poses a Traffic Hazard, Police May Impound and Conduct a Caretaking Search Without Sanders Analysis — United States v. Brown (10th Cir. 2025) Introduction In United States v. Brown,...

Rudolph’s Rules: Tenth Circuit Defines § 3238 Venue for Extraterritorial Crimes and Confirms Forfeiture of Interest, Dividends, and Appreciation

Date: Sep 9, 2025

Rudolph’s Rules: Tenth Circuit Defines § 3238 Venue for Extraterritorial Crimes and Confirms Forfeiture of Interest, Dividends, and Appreciation Introduction In United States v. Rudolph, No. 23-1278...

Formal Military Status, Not Active-Duty Service, Controls: Tenth Circuit Confirms UCMJ Jurisdiction Over All Retirees, Including Medically Retired, Under the Make Rules Clause

Date: Sep 8, 2025

Formal Military Status, Not Active-Duty Service, Controls: Tenth Circuit Confirms UCMJ Jurisdiction Over All Retirees, Including Medically Retired, Under the Make Rules Clause Introduction In Wilson...

Medical Retirees Are Part of “the land and naval Forces”: Tenth Circuit Upholds UCMJ Court‑Martial Jurisdiction Over Retired and Medically Retired Servicemembers

Date: Sep 8, 2025

Medical Retirees Are Part of “the land and naval Forces”: Tenth Circuit Upholds UCMJ Court‑Martial Jurisdiction Over Retired and Medically Retired Servicemembers Introduction In Dillon v. Curtis...

No Futility Exception to the Firm‑Waiver Rule: Tenth Circuit Rigorously Enforces Objection Requirement in Meier v. Aspen Academy

Date: Sep 8, 2025

No Futility Exception to the Firm‑Waiver Rule: Tenth Circuit Rigorously Enforces Objection Requirement in Meier v. Aspen Academy Introduction In Meier v. Aspen Academy, the United States Court of...

Tenth Circuit Clarifies Ex parte Young’s Availability for Takings Claims Without an Adequacy-of-Remedy Inquiry: Commentary on Teva Pharmaceuticals v. Weiser

Date: Sep 8, 2025

Tenth Circuit Clarifies Ex parte Young’s Availability for Takings Claims Without an Adequacy-of-Remedy Inquiry Commentary on Teva Pharmaceuticals v. Weiser (10th Cir. Sept. 5, 2025) Introduction Teva...

Timing Matters: Tenth Circuit Requires Proof of Indian Status as of the Offense Date under the Major Crimes Act

Date: Sep 8, 2025

Timing Matters: Tenth Circuit Requires Proof of Indian Status as of the Offense Date under the Major Crimes Act Case: United States v. Hatley, No. 23-7046 (10th Cir. Sept. 5, 2025) (Eid, J.)...

Status, Not Necessity: Tenth Circuit Confirms Medically Retired Servicemembers Remain in the “Land and Naval Forces” and Are Subject to UCMJ Court-Martial

Date: Sep 8, 2025

Status, Not Necessity: Tenth Circuit Confirms Medically Retired Servicemembers Remain in the “Land and Naval Forces” and Are Subject to UCMJ Court-Martial Introduction In a published decision of...

Tenth Circuit Clarifies That Ex Parte Young Normally Does Not Permit Injunctions Against State Judges or Clerks; Sovereign and Quasi‑Judicial Immunity Defeat § 1983 Challenge to State‑Court Filing Restrictions

Date: Sep 8, 2025

Tenth Circuit Clarifies That Ex Parte Young Normally Does Not Permit Injunctions Against State Judges or Clerks; Sovereign and Quasi‑Judicial Immunity Defeat § 1983 Challenge to State‑Court Filing...

Tenth Circuit Clarifies: No Implied Waiver of Eleventh Amendment Immunity by Litigation Silence; Post‑Judgment Amendment Requires Prior Vacatur

Date: Sep 8, 2025

Tenth Circuit Clarifies: No Implied Waiver of Eleventh Amendment Immunity by Litigation Silence; Post‑Judgment Amendment Requires Prior Vacatur Introduction In Merryfield v. State of Kansas, the...

Illegality Trumps Comparative Fault: Tenth Circuit Predicts Kansas Bars Product Liability Claims Arising from a Plaintiff’s Criminal Misuse

Date: Sep 8, 2025

Illegality Trumps Comparative Fault: Tenth Circuit Predicts Kansas Bars Product Liability Claims Arising from a Plaintiff’s Criminal Misuse Introduction This published decision of the United States...

Scott v. Allen: Tenth Circuit Clarifies Pre‑Enforcement Standing—No Admission of Illegality or Proof of Statutory Mens Rea Required

Date: Sep 8, 2025

Scott v. Allen: Tenth Circuit Clarifies Pre‑Enforcement Standing—No Admission of Illegality or Proof of Statutory Mens Rea Required Introduction In Scott v. Allen, the Tenth Circuit reversed a...