10th Circuit Case Commentaries

Proposed Presidential Electors Lack Article III Standing to Challenge Candidate Disqualification Absent a Personal Ballot-Access Injury or Third-Party Standing (Rohr v. State of Utah)

Date: Mar 3, 2026

Proposed Presidential Electors Lack Article III Standing to Challenge Candidate Disqualification Absent a Personal Ballot-Access Injury or Third-Party Standing Introduction In Rohr v. State of Utah...

Garcia-Botello v. Bondi (10th Cir. 2026): Perfunctory BIA Briefing Does Not Exhaust CAT Theories; Underfunded/Neglectful Institutional Conditions in Mexico Lack “Specific Intent” for CAT Torture

Date: Mar 3, 2026

Perfunctory BIA Briefing Does Not Exhaust CAT Theories; Underfunded/Neglectful Institutional Conditions in Mexico Lack “Specific Intent” for CAT Torture Introduction Case: Garcia-Botello v. Bondi,...

Limitations Accrue on Receipt of UM/UIM Stacking-Rejection Policy Documents; Later Litigation Disclosures Do Not Equitably Toll Absent Particularized Fraudulent Concealment (Hollis v. Farm Bureau)

Date: Mar 3, 2026

Limitations Accrue on Receipt of UM/UIM Stacking-Rejection Policy Documents; Later Litigation Disclosures Do Not Equitably Toll Absent Particularized Fraudulent Concealment 1. Introduction In Hollis...

United States v. Labs: Reasonable Suspicion at the “Rodriguez Moment” Validates a Canine-Related Extension of a Traffic Stop; § 922(g)(1) Challenge Foreclosed by Circuit Precedent

Date: Mar 3, 2026

United States v. Labs: Reasonable Suspicion at the “Rodriguez Moment” Validates a Canine-Related Extension of a Traffic Stop; § 922(g)(1) Challenge Foreclosed by Circuit Precedent Introduction In...

Internal Safety Policies and Independent-Contractor Injuries: No Kansas Tort Duty Without Knowledge, Retained-Control Causation, or § 324A Reliance

Date: Mar 3, 2026

Internal Safety Policies and Independent-Contractor Injuries: No Kansas Tort Duty Without Knowledge, Retained-Control Causation, or § 324A Reliance 1. Introduction In Chilelli v. Signify North...

NMHRA Vaccine-Exemption Pleading Rule: Disability Claims Must Allege a Major Life Activity; Common-Law Retaliation Must Cite a Clear Public Policy

Date: Mar 3, 2026

NMHRA Vaccine-Exemption Pleading Rule: Disability Claims Must Allege a Major Life Activity; Common-Law Retaliation Must Cite a Clear Public Policy 1. Introduction In Spinelli v. Coherus Biosciences,...

Armendariz v. City of Colorado Springs: Digital Warrant Particularity Requires Crime-Tethered Limits; “All” Social-Media Requests and Untethered Keyword Seizures Are Overbroad

Date: Feb 27, 2026

Armendariz v. City of Colorado Springs: Digital Warrant Particularity Requires Crime-Tethered Limits; “All” Social-Media Requests and Untethered Keyword Seizures Are Overbroad 1. Introduction...

Berry v. Bondi: No Waiver of Title VII Exhaustion by Agency Acceptance/Investigation of Untimely EEO Complaints

Date: Feb 25, 2026

Berry v. Bondi: No Waiver of Title VII Exhaustion by Agency Acceptance/Investigation of Untimely EEO Complaints Introduction In Berry v. Bondi (10th Cir. Feb. 23, 2026), former FBI Special Agent...

Tenth Circuit: § 2255(e) Savings Clause Does Not Permit § 2241 Brady/Giglio/Napue Attacks that Fail § 2255(h)

Date: Feb 22, 2026

Tenth Circuit: § 2255(e) Savings Clause Does Not Permit § 2241 Brady/Giglio/Napue Attacks that Fail § 2255(h) Introduction In Moreno v. United States (10th Cir. Feb. 20, 2026), petitioner-appellant...

United States v. Capps — Appellate Review Barred When a Nonparty Fails to Timely Intervene and Appellants Fail to Preserve (or Plainly-Error Brief) Priority Arguments in Restitution Garnishment

Date: Feb 22, 2026

United States v. Capps — Appellate Review Barred When a Nonparty Fails to Timely Intervene and Appellants Fail to Preserve (or Plainly-Error Brief) Priority Arguments in Restitution Garnishment...

Express Plea-Waiver Language Bars Appeals from Revocation Sentences as “New Sentences”

Date: Feb 20, 2026

Express Plea-Waiver Language Bars Appeals from Revocation Sentences as “New Sentences” Case: United States v. Louis (10th Cir. Feb. 18, 2026) Disposition: Motion to enforce appeal waiver granted;...

Bankruptcy Appellate Standing: Failure to Object and Lack of a Pecuniary, Creditor-Level Interest Require Dismissal

Date: Feb 20, 2026

Bankruptcy Appellate Standing: Failure to Object and Lack of a Pecuniary, Creditor-Level Interest Require Dismissal Introduction In Charles Rodrick v. David Wadsworth, the United States Bankruptcy...

Representative-Statement Review Under the PSLRA When Parties Litigate Securities-Fraud Allegations by Category

Date: Feb 18, 2026

Representative-Statement Review Under the PSLRA When Parties Litigate Securities-Fraud Allegations by Category Case: Lingam v. Dish Network Corporation, No. 25-1157 (10th Cir. Feb. 17, 2026) Court:...

Rogne v. City of Catoosa — Savings Statute Unavailable After Merits Resolution of State Inverse-Condemnation Claim

Date: Feb 18, 2026

Rogne v. City of Catoosa: Oklahoma’s Savings Statute Does Not Revive a § 1983 Takings Claim After State Inverse-Condemnation Litigation Ends “On the Merits” Introduction In Rogne v. City of Catoosa...

United States v. Beckner: Sham-Marriage and Offshore-Ties Evidence Admissible to Prove Control and Consciousness of Guilt; Leader/Extensive and Sophisticated-Means Enhancements Affirmed

Date: Feb 18, 2026

United States v. Beckner: Sham-Marriage and Offshore-Ties Evidence Admissible to Prove Control and Consciousness of Guilt; Leader/Extensive and Sophisticated-Means Enhancements Affirmed 1....

Dees v. Weiser: Federal Habeas Cannot Be Used to Relitigate State Child-Custody Orders; Pro Se Parents Cannot Litigate for Minors and “Hybrid” Habeas/§ 1983 Pleadings Must Be Separated

Date: Feb 15, 2026

Dees v. Weiser: Federal Habeas Cannot Be Used to Relitigate State Child-Custody Orders; Pro Se Parents Cannot Litigate for Minors and “Hybrid” Habeas/§ 1983 Pleadings Must Be Separated 1....

Ultra Vires Is Waivable: Exhaustion and OSHA General Duty Enforcement of Psychiatric Workplace Violence

Date: Feb 15, 2026

Ultra Vires Is Waivable: Exhaustion and OSHA General Duty Enforcement of Psychiatric Workplace Violence Introduction In Cedar Springs Hospital, Inc. v. Occupational Health and Safety Review...

Picon-Diaz v. Bondi — AI-Fabricated Citations, Nexus in Extortion Claims, and Issue Exhaustion

Date: Feb 15, 2026

Tenth Circuit Warning: AI-Fabricated Case Citations Are Sanctionable; Extortion-Driven Threats Usually Fail the Asylum “Nexus” Requirement Absent Evidence of Protected-Ground Animus 1. Introduction...

Ultimate-Parent Common Ownership and On-Site Safety Oversight Can Render a Management Affiliate an OSHA “Employer”

Date: Feb 15, 2026

Ultimate-Parent Common Ownership and On-Site Safety Oversight Can Render a Management Affiliate an OSHA “Employer” 1. Introduction In UHS of Delaware v. Occupational Health and Safety Review...

Clear Magistrate-Notice Enforces the Tenth Circuit’s Firm Waiver Rule (and Bars COA) Despite “May File” Wording — Vigil v. Martinez

Date: Feb 15, 2026

Clear Magistrate-Notice Enforces the Tenth Circuit’s Firm Waiver Rule (and Bars COA) Despite “May File” Wording — Vigil v. Martinez 1. Introduction In Vigil v. Martinez (10th Cir. Feb. 13, 2026),...