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 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 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 Introduction In Fuqua v....
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 Introduction In Lawrence v. Nightingale...
No Presumption Against Upward Variances: Tenth Circuit Affirms Use of Uncharged Domestic-Violence Conduct in § 3553(a) Analysis Case: United States v. Bright, No. 24-6238 (10th Cir. Nov. 4, 2025)...
United States v. Johnson: No Plain Error in Admitting Law‑Enforcement Incident Reports via Rule 803(6); Specific Theories Required to Preserve 404(b)/403 Objections; § 3553(a)(6) Satisfied by...
United States v. Sockey: Tenth Circuit Adopts the “Words Alone” Limitation on Heat-of-Passion Manslaughter Under 18 U.S.C. §§ 1111–1112 Introduction In United States v. Sockey (10th Cir. Nov. 4,...
Tenth Circuit Holds EAJA Applies to Habeas Challenges to Immigration Detention: “Any Civil Action” Includes Immigration Habeas Introduction This published decision from the U.S. Court of Appeals for...
Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering Introduction In Timmins v. Plotkin, No. 24-1160...
No Automatic Right to a Fed Master Account: Tenth Circuit Confirms Reserve Bank Discretion and Limits APA Review Introduction In a closely watched dispute at the intersection of payments...
COA Requires Developed, Issue-Specific Argument; Prosecutorial “Vouching” Not Clearly Established as a Standalone Due Process Violation under AEDPA — Revilla v. Harpe (10th Cir. 2025) Introduction In...
Direct Control of a Known-Contents Container Equals Actual Possession; Broad Discretion to Give Anti-CSI Instructions: Commentary on United States v. Eddings (10th Cir. 2025) Introduction United...
Prior Downward Variance as a § 3553(a) “Backdrop”: Tenth Circuit Affirms Broad Discretion to Deny Compassionate Release Despite Plausible Family-Circumstances Showing Case: United States v. Fraser,...
Licensing‑Board Reports as Adverse Actions and the “Unbroken Chain” in Cat’s Paw Retaliation: The Tenth Circuit’s Decision in Byrnes v. St. Catherine Hospital Introduction In Byrnes v. St. Catherine...
Reaffirming the “Collective Inferences” Sufficiency Standard: Tenth Circuit Rejects “Piling Inference upon Inference” Challenge in United States v. Munguia‑Herrera Court: United States Court of...
“Just to Be Safe” Is Not Reasonable Suspicion: The Tenth Circuit Narrows Terry Frisks and Rejects Hypothetical Protective Sweeps in United States v. Huerta Introduction In United States v. Huerta,...
Tenth Circuit: Technical Service Defects Cannot Thwart Merits; APA Review Requires Federal Final Agency Action — Miller v. USDA Introduction In Miller v. USDA, No. 24-6252 (10th Cir. Oct. 28, 2025),...
Tenth Circuit Clarifies: DOL Wage Complaints Do Not Toll Discrimination Filing Deadlines; Retaliation Requires Harm Beyond Consequences of a Physician’s Self‑Reporting Duty Introduction In Saini v....