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  • Commentaries
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10th Circuit Case Commentaries

Dismissal without Prejudice for Corporate Suspension Does Not Constitute “Favorable Termination” in Malicious-Prosecution Actions – A Commentary on Wyles v. Sussman (10th Cir. 2025)

Dismissal without Prejudice for Corporate Suspension Does Not Constitute “Favorable Termination” in Malicious-Prosecution Actions – A Commentary on Wyles v. Sussman (10th Cir. 2025)

Date: Jun 25, 2025
Dismissal without Prejudice for Corporate Suspension Does Not Constitute “Favorable Termination” in Malicious-Prosecution Actions A Comprehensive Commentary on Wyles v. Sussman, 10th Cir., 23 June...

        Davenport v. Pata – When a Mere “Referral Note” Is Not Enough:
        The Tenth Circuit Holds that Failure to Follow Internal Referral Procedures
        Can Constitute Deliberate Indifference to Serious Medical Needs

Davenport v. Pata – When a Mere “Referral Note” Is Not Enough: The Tenth Circuit Holds that Failure to Follow Internal Referral Procedures Can Constitute Deliberate Indifference to Serious Medical Needs

Date: Jun 23, 2025
Davenport v. Pata – When a Mere “Referral Note” Is Not Enough: The Tenth Circuit Holds that Failure to Follow Internal Referral Procedures Can Constitute Deliberate Indifference to Serious Medical...
United States v. Charley: Re-affirming Appellate Deference to a District Court’s Balancing of § 3553(a) Factors

United States v. Charley: Re-affirming Appellate Deference to a District Court’s Balancing of § 3553(a) Factors

Date: Jun 23, 2025
United States v. Charley: Re-affirming Appellate Deference to a District Court’s Balancing of § 3553(a) Factors in Substantive-Reasonableness Review Introduction In United States v. Charley,...
“Sum-Certain Contempt Sanctions as Final Decisions” – A Commentary on Coomer v. Make Your Life Epic, LLC (10th Cir. 2025)

“Sum-Certain Contempt Sanctions as Final Decisions” – A Commentary on Coomer v. Make Your Life Epic, LLC (10th Cir. 2025)

Date: Jun 20, 2025
“Sum-Certain Contempt Sanctions as Final Decisions” A Comprehensive Commentary on Coomer v. Make Your Life Epic, LLC, 91 F.4th ___ (10th Cir. 2025) I. Introduction The United States Court of Appeals...
“Guardado v. Denver”: Landownership Alone Is Not a Waiver—Clarifying Sovereign-Immunity Standards under the CGIA

“Guardado v. Denver”: Landownership Alone Is Not a Waiver—Clarifying Sovereign-Immunity Standards under the CGIA

Date: Jun 20, 2025
“Guardado v. Denver”: Landownership Alone Is Not a Waiver—Clarifying Sovereign-Immunity Standards under the Colorado Governmental Immunity Act 1. Introduction Background. Ana Guardado, a traveler at...
“Reaffirming Oklahoma Rule 5.2(C) as an Independent and Adequate State Procedural Bar” – Commentary on David v. Yazel (10th Cir. 2025)

“Reaffirming Oklahoma Rule 5.2(C) as an Independent and Adequate State Procedural Bar” – Commentary on David v. Yazel (10th Cir. 2025)

Date: Jun 20, 2025
“Reaffirming Oklahoma Rule 5.2(C) as an Independent and Adequate State Procedural Bar” Commentary on David v. Yazel, 70 F.4th ___ (10th Cir. 2025) 1. Introduction David v. Yazel is a 2025 decision...
“Statute-of-Conviction” Limiting Principles for Cell-Phone Warrants: Commentary on United States v. Judkins (10th Cir. 2025)

“Statute-of-Conviction” Limiting Principles for Cell-Phone Warrants: Commentary on United States v. Judkins (10th Cir. 2025)

Date: Jun 20, 2025
“Statute-of-Conviction” Limiting Principles for Cell-Phone Warrants: A Comprehensive Commentary on United States v. Judkins (10th Cir. 2025) 1. Introduction United States v. Judkins, decided on 17...
“No Automatic Federal Hook”: Tenth Circuit Declares that Motor Vehicles Are NOT Per Se “Instrumentalities of Interstate Commerce” under the Federal Kidnapping Act

“No Automatic Federal Hook”: Tenth Circuit Declares that Motor Vehicles Are NOT Per Se “Instrumentalities of Interstate Commerce” under the Federal Kidnapping Act

Date: Jun 18, 2025
“No Automatic Federal Hook”: Tenth Circuit Declares that Motor Vehicles Are NOT Per Se “Instrumentalities of Interstate Commerce” under the Federal Kidnapping Act Introduction United States v....

        United States v. Rivera: Tenth Circuit Endorses “Blind” Grooming-Expert Testimony
        and Clarifies Rule 702/703 Reliance on Third-Party Technical Data

United States v. Rivera: Tenth Circuit Endorses “Blind” Grooming-Expert Testimony and Clarifies Rule 702/703 Reliance on Third-Party Technical Data

Date: Jun 18, 2025
United States v. Rivera: Tenth Circuit Endorses “Blind” Grooming-Expert Testimony and Clarifies Rule 702/703 Reliance on Third-Party Technical Data I. Introduction In United States v. Rivera (10th...
“No Longer than Necessary” – The Tenth Circuit Draws a Bright Line on Detention Length Incident to Third-Party Arrests

“No Longer than Necessary” – The Tenth Circuit Draws a Bright Line on Detention Length Incident to Third-Party Arrests

Date: Jun 18, 2025
“No Longer than Necessary” – The Tenth Circuit Draws a Bright Line on Detention Length Incident to Third-Party Arrests Introduction In United States v. Tyler, the United States Court of Appeals for...
Herman v. Sig Sauer: The Tenth Circuit Re-Affirms a Strict Factual-Basis Requirement for Expert Causation Testimony under Rule 702/Daubert in Firearms Design-Defect Litigation

Herman v. Sig Sauer: The Tenth Circuit Re-Affirms a Strict Factual-Basis Requirement for Expert Causation Testimony under Rule 702/Daubert in Firearms Design-Defect Litigation

Date: Jun 18, 2025
Herman v. Sig Sauer: The Tenth Circuit Re-Affirms a Strict Factual-Basis Requirement for Expert Causation Testimony under Rule 702/Daubert in Firearms Design-Defect Litigation Introduction Herman v....
Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity: A Commentary on Bailey v. Beale (10th Cir. 2025)

Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity: A Commentary on Bailey v. Beale (10th Cir. 2025)

Date: Jun 18, 2025
Reaffirming the Plaintiff’s Burden on the Clearly-Established Law Prong in Qualified Immunity A Comprehensive Commentary on Bailey v. Beale, No. 23-7083 (10th Cir. 2025) 1. Introduction Bailey v....

“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a
Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year
Enforcement Period, and that Statutory Stays Toll that Period (EarthGrains Baking
Companies v. Sycamore Family Bakery, 10th Cir. 2025)

“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year Enforcement Period, and that Statutory Stays Toll that Period (EarthGrains Baking Companies v. Sycamore Family Bakery, 10th Cir. 2025)

Date: Jun 18, 2025
“Material Amendments Reset the Clock” – The Tenth Circuit’s Clarification that a Materially-Amended Judgment, not the Initial Judgment, Triggers Utah’s Eight-Year Enforcement Period, and that...
Bell v. Leavenworth: Post-Egbert Foreclosure of Bivens First-Amendment Claims and the Futility of FTCA Amendments Without Physical Injury

Bell v. Leavenworth: Post-Egbert Foreclosure of Bivens First-Amendment Claims and the Futility of FTCA Amendments Without Physical Injury

Date: Jun 18, 2025
Bell v. Leavenworth: Post-Egbert Foreclosure of Bivens First-Amendment Claims and the Futility of FTCA Amendments Without Physical Injury Introduction Orlando Bell, a federal prisoner once housed at...
Tenth Circuit Reinforces the “Rediscovered-Memory” Sham-Affidavit Doctrine: Commentary on Gabaldon v. New Mexico State Police (2025)

Tenth Circuit Reinforces the “Rediscovered-Memory” Sham-Affidavit Doctrine: Commentary on Gabaldon v. New Mexico State Police (2025)

Date: Jun 18, 2025
Tenth Circuit Reinforces the “Rediscovered-Memory” Sham-Affidavit Doctrine: A Detailed Commentary on Gabaldon v. New Mexico State Police (10th Cir. 2025) 1. Introduction Case name: Craig Gabaldon v....
P.W. v. Commissioner, SSA: Tenth Circuit Clarifies Use of Pre-2017 Medical-Opinion Rules and Re-Affirms the “Substantial Evidence” Deference in Social Security Appeals

P.W. v. Commissioner, SSA: Tenth Circuit Clarifies Use of Pre-2017 Medical-Opinion Rules and Re-Affirms the “Substantial Evidence” Deference in Social Security Appeals

Date: Jun 18, 2025
P.W. v. Commissioner, SSA: Tenth Circuit Clarifies Use of Pre-2017 Medical-Opinion Rules and Re-Affirms the “Substantial Evidence” Deference in Social Security Appeals 1. Introduction P.W. v....
California § 245(a)(2) Assault Not a “Crime of Violence”: A Comprehensive Commentary on United States v. Sjodin (10th Cir. 2025)

California § 245(a)(2) Assault Not a “Crime of Violence”: A Comprehensive Commentary on United States v. Sjodin (10th Cir. 2025)

Date: Jun 18, 2025
California § 245(a)(2) Assault Not a “Crime of Violence”: A Comprehensive Commentary on United States v. Sjodin (10th Cir. 2025) Introduction In United States v. Sjodin, No. 23-4069 (10th Cir. 2025),...
Asset Dissipation as Irreparable Harm:  Chavez-DeRemer v. Ascent Construction and the Tenth Circuit’s Endorsement of Injunctive Removal of ERISA Fiduciaries Following Willful Discovery Misconduct

Asset Dissipation as Irreparable Harm: Chavez-DeRemer v. Ascent Construction and the Tenth Circuit’s Endorsement of Injunctive Removal of ERISA Fiduciaries Following Willful Discovery Misconduct

Date: Jun 11, 2025
Asset Dissipation as Irreparable Harm: Chavez-DeRemer v. Ascent Construction and the Tenth Circuit’s Endorsement of Injunctive Removal of ERISA Fiduciaries Following Willful Discovery Misconduct 1....
Intermediate Scrutiny over Turner Deference: The Tenth Circuit’s New Rule for Transgender Prisoner Housing – A Commentary on Griffith v. El Paso County (2025)

Intermediate Scrutiny over Turner Deference: The Tenth Circuit’s New Rule for Transgender Prisoner Housing – A Commentary on Griffith v. El Paso County (2025)

Date: Jun 11, 2025
Intermediate Scrutiny over Turner Deference: Griffith v. El Paso County (10th Cir. 2025) Introduction Griffith v. El Paso County, Colorado, presents a pivotal clash between prison-administration...
“No Shortcut to the PRC” – The Tenth Circuit’s Firm Stand on Mandatory Administrative Exhaustion for PAEA § 404a Claims

“No Shortcut to the PRC” – The Tenth Circuit’s Firm Stand on Mandatory Administrative Exhaustion for PAEA § 404a Claims

Date: Jun 11, 2025
“No Shortcut to the PRC” – The Tenth Circuit’s Firm Stand on Mandatory Administrative Exhaustion for PAEA § 404a Claims 1. Introduction Rapid Enterprises, LLC, doing business as Express One, operated...
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