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  • Commentaries
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10th Circuit Case Commentaries

Miscalendaring from ECF Notice Is Not Excusable Neglect under Rule 8002(d); No Hearing Required Absent Request — Tenth Circuit BAP Affirms

Miscalendaring from ECF Notice Is Not Excusable Neglect under Rule 8002(d); No Hearing Required Absent Request — Tenth Circuit BAP Affirms

Date: Nov 13, 2025
Miscalendaring from ECF Notice Is Not Excusable Neglect under Rule 8002(d); No Hearing Required Absent Request — Tenth Circuit BAP Affirms Introduction In Douglas Gould v. KT Weaver, the United...
Partial § 1631 Transfers Do Not Divest Jurisdiction to Reconsider Non‑Transferred Claims: The Tenth Circuit’s Guidance in SeedX v. Lincoln Strategy

Partial § 1631 Transfers Do Not Divest Jurisdiction to Reconsider Non‑Transferred Claims: The Tenth Circuit’s Guidance in SeedX v. Lincoln Strategy

Date: Nov 13, 2025
Partial § 1631 Transfers Do Not Divest Jurisdiction to Reconsider Non‑Transferred Claims: The Tenth Circuit’s Guidance in SeedX v. Lincoln Strategy Introduction SeedX, Inc., a marketing and...
Partial § 1631 Transfers Do Not Divest the Transferor Court of Jurisdiction Over Non‑Transferred Claims: SeedX v. Lincoln Strategy Group (10th Cir. 2025)

Partial § 1631 Transfers Do Not Divest the Transferor Court of Jurisdiction Over Non‑Transferred Claims: SeedX v. Lincoln Strategy Group (10th Cir. 2025)

Date: Nov 13, 2025
Partial § 1631 Transfers Do Not Divest the Transferor Court of Jurisdiction Over Non‑Transferred Claims: SeedX v. Lincoln Strategy Group (10th Cir. 2025) Introduction In SeedX, Inc. v. Lincoln...
Publication Starts the Clock: Tenth Circuit Confirms Colorado’s One-Year Defamation Limitations and Allows Anti-SLAPP Dismissal on Time-Bar Grounds in Hoid v. Gray Media Group

Publication Starts the Clock: Tenth Circuit Confirms Colorado’s One-Year Defamation Limitations and Allows Anti-SLAPP Dismissal on Time-Bar Grounds in Hoid v. Gray Media Group

Date: Nov 11, 2025
Publication Starts the Clock: Tenth Circuit Confirms Colorado’s One-Year Defamation Limitations and Allows Anti-SLAPP Dismissal on Time-Bar Grounds in Hoid v. Gray Media Group Introduction In Hoid v....
Tenth Circuit Expands State Opt-Out Power Under DIDA: “Loans Made In” Includes Either Borrower or Lender Located in the Opt-Out State

Tenth Circuit Expands State Opt-Out Power Under DIDA: “Loans Made In” Includes Either Borrower or Lender Located in the Opt-Out State

Date: Nov 11, 2025
Tenth Circuit Expands State Opt-Out Power Under DIDA: “Loans Made In” Includes Either Borrower or Lender Located in the Opt-Out State Introduction In National Association of Industrial Bankers v....
Partial § 1631 Transfers Do Not Strip Jurisdiction Over Non‑Transferred Claims: The Tenth Circuit’s Clarification in SeedX v. Lincoln Strategy

Partial § 1631 Transfers Do Not Strip Jurisdiction Over Non‑Transferred Claims: The Tenth Circuit’s Clarification in SeedX v. Lincoln Strategy

Date: Nov 11, 2025
Partial § 1631 Transfers Do Not Strip Jurisdiction Over Non‑Transferred Claims SeedX, Inc. v. Lincoln Strategy Group LLC, Fortified Consulting LLC, Nathan Sproul, and Kanye 2020 Court: U.S. Court of...
Shelton v. City of Locust Grove (10th Cir. 2025): Abandonment Is a Merits Question, and Objective Abandonment Defeats Fourth Amendment Pet-Seizure Claims

Shelton v. City of Locust Grove (10th Cir. 2025): Abandonment Is a Merits Question, and Objective Abandonment Defeats Fourth Amendment Pet-Seizure Claims

Date: Nov 11, 2025
Shelton v. City of Locust Grove (10th Cir. 2025): Abandonment Is a Merits Question, and Objective Abandonment Defeats Fourth Amendment Pet-Seizure Claims Introduction In Shelton v. City of Locust...
Tenth Circuit Clarifies: Requests to Reply to a Magistrate’s R&R Do Not Toll the Appeal Deadline; Finality Assessed on the Face of the Judgment

Tenth Circuit Clarifies: Requests to Reply to a Magistrate’s R&R Do Not Toll the Appeal Deadline; Finality Assessed on the Face of the Judgment

Date: Nov 9, 2025
Tenth Circuit Clarifies: Requests to Reply to a Magistrate’s R&R Do Not Toll the Appeal Deadline; Finality Assessed on the Face of the Judgment Introduction In MacIntyre v. Supreme Court of Colorado,...
Tenth Circuit Confirms: § 1983 Injunctive/Declaratory Relief Requires Official-Capacity Suits; New Mexico Civil Rights Act Does Not Waive Eleventh Amendment Immunity in Federal Court

Tenth Circuit Confirms: § 1983 Injunctive/Declaratory Relief Requires Official-Capacity Suits; New Mexico Civil Rights Act Does Not Waive Eleventh Amendment Immunity in Federal Court

Date: Nov 9, 2025
Tenth Circuit Confirms: § 1983 Injunctive/Declaratory Relief Requires Official-Capacity Suits; New Mexico Civil Rights Act Does Not Waive Eleventh Amendment Immunity in Federal Court Introduction In...
Mootness by Statutory Amendment and Rooker–Feldman Limits in Post‑Conviction DNA‑Testing Litigation: Commentary on DeLoge v. Hill (10th Cir. 2025)

Mootness by Statutory Amendment and Rooker–Feldman Limits in Post‑Conviction DNA‑Testing Litigation: Commentary on DeLoge v. Hill (10th Cir. 2025)

Date: Nov 8, 2025
Mootness by Statutory Amendment and Rooker–Feldman Limits in Post‑Conviction DNA‑Testing Litigation: DeLoge v. Hill (10th Cir. 2025) Court: United States Court of Appeals for the Tenth Circuit Date:...
"Actual Innocence Plus" Reaffirmed: The Tenth Circuit’s Gatekeeping Standard for Successive § 2254 Petitions in In re: Macklin

"Actual Innocence Plus" Reaffirmed: The Tenth Circuit’s Gatekeeping Standard for Successive § 2254 Petitions in In re: Macklin

Date: Nov 7, 2025
"Actual Innocence Plus" Reaffirmed: The Tenth Circuit’s Gatekeeping Standard for Successive § 2254 Petitions in In re: Macklin Introduction In In re: Macklin, No. 25-6160 (10th Cir. Nov. 5, 2025),...
Muldrow Does Not Lower the Bar for Hostile Work Environment Claims: The Tenth Circuit’s Clarification in Russell v. Driscoll

Muldrow Does Not Lower the Bar for Hostile Work Environment Claims: The Tenth Circuit’s Clarification in Russell v. Driscoll

Date: Nov 7, 2025
Muldrow Does Not Lower the Bar for Hostile Work Environment Claims: The Tenth Circuit’s Clarification in Russell v. Driscoll Court: U.S. Court of Appeals for the Tenth Circuit Date: November 5, 2025...
Narrow Construction of Revocation Appeal Waivers in Anders Cases: “Sentence” Waivers Do Not Bar Challenges to Revocation Findings

Narrow Construction of Revocation Appeal Waivers in Anders Cases: “Sentence” Waivers Do Not Bar Challenges to Revocation Findings

Date: Nov 7, 2025
Narrow Construction of Revocation Appeal Waivers in Anders Cases: “Sentence” Waivers Do Not Bar Challenges to Revocation Findings Introduction In United States v. Mansker (10th Cir. Nov. 5, 2025), a...
Tenth Circuit Reaffirms Enforceability of Collateral-Attack Waivers Despite Intervening Changes in Law; § 924(c) Statutory Maximum Is Life — United States v. Mitchell

Tenth Circuit Reaffirms Enforceability of Collateral-Attack Waivers Despite Intervening Changes in Law; § 924(c) Statutory Maximum Is Life — United States v. Mitchell

Date: Nov 7, 2025
Tenth Circuit Reaffirms Enforceability of Collateral-Attack Waivers Despite Intervening Changes in Law; § 924(c) Statutory Maximum Is Life — United States v. Mitchell Court: United States Court of...
Liberal Post‑Judgment Amendment and Union Repudiation as an Exhaustion Exception in § 301 LMRA Suits

Liberal Post‑Judgment Amendment and Union Repudiation as an Exhaustion Exception in § 301 LMRA Suits

Date: Nov 7, 2025
Liberal Post‑Judgment Amendment and Union Repudiation as an Exhaustion Exception in § 301 LMRA Suits Introduction In Yellow Corporation v. International Brotherhood of Teamsters, the Tenth Circuit...
In re Lawson: Tenth Circuit Reaffirms That § 1915(e)(2)(B) Pre‑Service Screening and Short Delays Do Not Justify Mandamus to Compel Service, Reassignment, or Vacatur

In re Lawson: Tenth Circuit Reaffirms That § 1915(e)(2)(B) Pre‑Service Screening and Short Delays Do Not Justify Mandamus to Compel Service, Reassignment, or Vacatur

Date: Nov 7, 2025
In re Lawson: Tenth Circuit Reaffirms That § 1915(e)(2)(B) Pre‑Service Screening and Short Delays Do Not Justify Mandamus to Compel Service, Reassignment, or Vacatur Introduction In In re Lawson, No....
Burke v. Pitts: Tenth Circuit Constrains “Blatant Contradiction” Review and Reaffirms Clearly Established Limits on No‑Warning Tasers and Deadly Force Against Unarmed Suspects

Burke v. Pitts: Tenth Circuit Constrains “Blatant Contradiction” Review and Reaffirms Clearly Established Limits on No‑Warning Tasers and Deadly Force Against Unarmed Suspects

Date: Nov 7, 2025
Burke v. Pitts: Tenth Circuit Constrains “Blatant Contradiction” Review and Reaffirms Clearly Established Limits on No‑Warning Tasers and Deadly Force Against Unarmed Suspects Introduction In Burke...
Tenth Circuit Bars Reliance on Bodycam/Dashcam Videos at Rule 12(b)(6) and Reaffirms Garner as Clearly Establishing the Unlawfulness of Shooting an Unarmed, Fleeing Suspect

Tenth Circuit Bars Reliance on Bodycam/Dashcam Videos at Rule 12(b)(6) and Reaffirms Garner as Clearly Establishing the Unlawfulness of Shooting an Unarmed, Fleeing Suspect

Date: Nov 7, 2025
Tenth Circuit Bars Reliance on Bodycam/Dashcam Videos at Rule 12(b)(6) and Reaffirms Garner as Clearly Establishing the Unlawfulness of Shooting an Unarmed, Fleeing Suspect Introduction In Fuqua v....
Klingler v. Bridges: Tenth Circuit Reaffirms AEDPA “Double Deference” and Requires Proof of Indian Status to Defeat State Criminal Jurisdiction

Klingler v. Bridges: Tenth Circuit Reaffirms AEDPA “Double Deference” and Requires Proof of Indian Status to Defeat State Criminal Jurisdiction

Date: Nov 7, 2025
Klingler v. Bridges: Tenth Circuit Reaffirms AEDPA “Double Deference” and Requires Proof of Indian Status to Defeat State Criminal Jurisdiction Introduction This commentary analyzes the Tenth...
No Policy from a Single Incident: Tenth Circuit Clarifies Plausibility Pleading for Title VII Disparate-Impact Claims Based on Criminal-Record Screening

No Policy from a Single Incident: Tenth Circuit Clarifies Plausibility Pleading for Title VII Disparate-Impact Claims Based on Criminal-Record Screening

Date: Nov 7, 2025
No Policy from a Single Incident: Tenth Circuit Clarifies Plausibility Pleading for Title VII Disparate-Impact Claims Based on Criminal-Record Screening Introduction In Lawrence v. Nightingale...
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