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  • Commentaries
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10th Circuit Case Commentaries

Limits on Good-Faith Reliance and Tainted Affidavits: Excluding Evidence from Overbroad State Warrants

Limits on Good-Faith Reliance and Tainted Affidavits: Excluding Evidence from Overbroad State Warrants

Date: May 1, 2025
Limits on Good-Faith Reliance and Tainted Affidavits: Excluding Evidence from Overbroad State Warrants Introduction United States v. Santiago (10th Cir., Apr. 30, 2025) addresses the Fourth...
Absence of EEOC Right-to-Sue Letter Does Not Defeat Claim Preclusion in Title VII Suits

Absence of EEOC Right-to-Sue Letter Does Not Defeat Claim Preclusion in Title VII Suits

Date: Apr 30, 2025
Absence of EEOC Right-to-Sue Letter Does Not Defeat Claim Preclusion in Title VII Suits Introduction Watkins v. Genesh, Inc., No. 24-3043 (10th Cir. Apr. 29, 2025) presents a critical question at the...
Clarifying the Two-Year Statute of Limitations for §1983 Medical Claims by Pretrial Detainees

Clarifying the Two-Year Statute of Limitations for §1983 Medical Claims by Pretrial Detainees

Date: Apr 30, 2025
Clarifying the Two-Year Statute of Limitations for §1983 Medical Claims by Pretrial Detainees Introduction The Court of Appeals for the Tenth Circuit’s decision in Kolak v. Backerville, No. 24-1182...
Triggering the QTA Limitations Period: Fee-Simple Conveyances and Constructive Notice of Mineral Rights

Triggering the QTA Limitations Period: Fee-Simple Conveyances and Constructive Notice of Mineral Rights

Date: Apr 30, 2025
Triggering the QTA Limitations Period: Fee-Simple Conveyances and Constructive Notice of Mineral Rights Introduction In Graham v. United States, 10th Cir. No. 24-1164 (Apr. 29, 2025), Ricky T. Graham...
Accounting for Pre-Production Emissions in State Implementation Plans: Limiting Unjustified Carve-Outs for Drilling and Fracking Activities

Accounting for Pre-Production Emissions in State Implementation Plans: Limiting Unjustified Carve-Outs for Drilling and Fracking Activities

Date: Apr 29, 2025
Accounting for Pre-Production Emissions in State Implementation Plans: Limiting Unjustified Carve-Outs for Drilling and Fracking Activities Introduction The Clean Air Act requires states to adopt...
Threshold Standards for Counsel Appointment and Access-to-Courts in §1983 Prisoner Litigation

Threshold Standards for Counsel Appointment and Access-to-Courts in §1983 Prisoner Litigation

Date: Apr 29, 2025
Threshold Standards for Counsel Appointment and Access-to-Courts in §1983 Prisoner Litigation Introduction In Lewis v. Zmuda, 10th Cir. No. 24-3098 (Apr. 28, 2025), plaintiff Tony Tremayne Lewis, an...
Clarifying Interlocutory Appeals in Qualified Immunity Denials for § 1981 Discrimination Claims: Lacaze v. Gourley

Clarifying Interlocutory Appeals in Qualified Immunity Denials for § 1981 Discrimination Claims: Lacaze v. Gourley

Date: Apr 29, 2025
Clarifying Interlocutory Appeals in Qualified Immunity Denials for § 1981 Discrimination Claims: Lacaze v. Gourley Introduction In Lacaze v. Gourley, 10th Cir. No. 24-6075 (Apr. 28, 2025), the Tenth...
Qualified Immunity of Corrections Officials Upholding Facially Valid Sentencing Orders

Qualified Immunity of Corrections Officials Upholding Facially Valid Sentencing Orders

Date: Apr 29, 2025
Qualified Immunity of Corrections Officials Upholding Facially Valid Sentencing Orders Introduction This commentary examines the United States Court of Appeals for the Tenth Circuit’s decision in...
Affirming the Application of the West Factors in Denial of Continuance Motions

Affirming the Application of the West Factors in Denial of Continuance Motions

Date: Apr 26, 2025
Affirming the Application of the West Factors in Denial of Continuance Motions Introduction United States v. Pizarro-Zubias (10th Cir. Apr. 25, 2025) addresses the denial of a defense-requested...
Upward Variance for Recent Serious Criminal Conduct Under 18 U.S.C. § 3553(a)

Upward Variance for Recent Serious Criminal Conduct Under 18 U.S.C. § 3553(a)

Date: Apr 26, 2025
Upward Variance for Recent Serious Criminal Conduct Under 18 U.S.C. § 3553(a) Introduction United States v. Lewis, 10th Cir. No. 24-6095 (Apr. 25, 2025), addresses the scope of a sentencing court’s...
Kansas Supreme Court Declines Reasonableness Review for Non-Competition Conditions Precedent

Kansas Supreme Court Declines Reasonableness Review for Non-Competition Conditions Precedent

Date: Apr 26, 2025
Kansas Supreme Court Declines Reasonableness Review for Non-Competition Conditions Precedent Introduction Lawson v. Spirit Aerosystems, Inc. arises from a dispute between Larry A. Lawson, former CEO...
Recorded Jail Calls as Admissible Evidence of Consciousness of Guilt and Inculpatory Declarations

Recorded Jail Calls as Admissible Evidence of Consciousness of Guilt and Inculpatory Declarations

Date: Apr 25, 2025
Recorded Jail Calls as Admissible Evidence of Consciousness of Guilt and Inculpatory Declarations Introduction This commentary examines the Tenth Circuit’s decision in United States v. Taylor, No....
Clarifying Review Standards in Tenth Circuit Immigration Appeals

Clarifying Review Standards in Tenth Circuit Immigration Appeals

Date: Apr 25, 2025
Clarifying Review Standards in Tenth Circuit Immigration Appeals Introduction In Toj-Riz v. Garland, No. 24-9533 (10th Cir. Apr. 24, 2025), the United States Court of Appeals for the Tenth Circuit...
Enforcement of Unambiguous Absolute Pollution Exclusions under New Mexico Law: Insurers’ No-Duty-to-Defend Rule for CERCLA Contamination Claims

Enforcement of Unambiguous Absolute Pollution Exclusions under New Mexico Law: Insurers’ No-Duty-to-Defend Rule for CERCLA Contamination Claims

Date: Apr 24, 2025
Enforcement of Unambiguous Absolute Pollution Exclusions under New Mexico Law: Insurers’ No-Duty-to-Defend Rule for CERCLA Contamination Claims Introduction Chisholm’s-Village Plaza LLC...
Emergency Purposes Exception Under the TCPA Protects Local Government Robocalls During Public Health Crises

Emergency Purposes Exception Under the TCPA Protects Local Government Robocalls During Public Health Crises

Date: Apr 24, 2025
Emergency Purposes Exception Under the TCPA Protects Local Government Robocalls During Public Health Crises Introduction Silver v. City of Albuquerque, No. 23-2058 (10th Cir. Apr. 23, 2025), arises...
Absolute Pollution Exclusions Unambiguously Preclude Coverage Under New Mexico Law: No Duty to Defend CERCLA Claims

Absolute Pollution Exclusions Unambiguously Preclude Coverage Under New Mexico Law: No Duty to Defend CERCLA Claims

Date: Apr 24, 2025
Absolute Pollution Exclusions Unambiguously Preclude Coverage Under New Mexico Law: No Duty to Defend CERCLA Claims Introduction This commentary examines the Tenth Circuit’s April 23, 2025 decision...
Unambiguous Enforcement of Absolute Pollution Exclusions under New Mexico Law

Unambiguous Enforcement of Absolute Pollution Exclusions under New Mexico Law

Date: Apr 24, 2025
Unambiguous Enforcement of Absolute Pollution Exclusions under New Mexico Law Introduction This appeal arises from a diversity suit in New Mexico federal court in which Chisholm’s Village Plaza, LLC...
Reinforcing Procedural Prerequisites in Direct Appeals for Ineffective Assistance and Speedy Trial Claims

Reinforcing Procedural Prerequisites in Direct Appeals for Ineffective Assistance and Speedy Trial Claims

Date: Apr 24, 2025
Reinforcing Procedural Prerequisites in Direct Appeals for Ineffective Assistance and Speedy Trial Claims Introduction United States v. Freeman is a Tenth Circuit decision issued on April 23, 2025,...
Emphasizing Particularity and Non-Ascertainability in Trade-Secret Claims under DTSA and OUTSA

Emphasizing Particularity and Non-Ascertainability in Trade-Secret Claims under DTSA and OUTSA

Date: Apr 23, 2025
Emphasizing Particularity and Non-Ascertainability in Trade-Secret Claims under DTSA and OUTSA Introduction Double Eagle Alloys, Inc. v. Hooper, No. 24-5089 (10th Cir. Apr. 22, 2025), marks an...
United States v. Fowler: Inapplicability of the Miranda Exclusionary Rule at Sentencing Absent Intent to Enhance Penalty

United States v. Fowler: Inapplicability of the Miranda Exclusionary Rule at Sentencing Absent Intent to Enhance Penalty

Date: Apr 23, 2025
United States v. Fowler: Inapplicability of the Miranda Exclusionary Rule at Sentencing Absent Intent to Enhance Penalty Introduction United States v. Fowler, decided by the Tenth Circuit on April...
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