Pleading-Stage Statute-of-Limitations Dismissals and No Tolling by Kansas § 12-105b for § 1983 Claims: Boldridge v. City of Atchison (10th Cir. 2025) Court: United States Court of Appeals for the...
No Standing Without Specific Plans and Redressability Amid Overlapping Firearm Bans: The Tenth Circuit’s Guidance in Springer v. Grisham Springer v. Grisham, Nos. 23-2192 & 23-2194 (10th Cir. Oct. 1,...
Concrete Plans and Overlapping Laws: Tenth Circuit Tightens Pre‑Enforcement Standing in Second Amendment Challenges Introduction In Springer v. Grisham, the U.S. Court of Appeals for the Tenth...
Intrinsic Evidence and VICAR Motive: The Tenth Circuit’s DeLeon Decision Clarifies Preservation Duties, Admissibility of Gang-Violence Context, and Reviewability of Rule 37 Denials Introduction In...
No Free Appellate Stay: Tenth Circuit BAP Affirms Conversion Where Chapter 11 Was Used to Avoid a Supersedeas Bond Absent Immediate Financial Distress Introduction This commentary examines the Tenth...
Ivey v. Tuggle: State‑Law Attacks on Prison Administrative Reclassification and 85% Credit Eligibility Are Not Cognizable Under § 2241 Introduction In Ivey v. Tuggle, No. 25-7049 (10th Cir. Sept. 30,...
Private Resort to Courts Is Not “State Action”: Tenth Circuit Affirms § 1983 Dismissal and Clarifies Post–Rule 59(e) Appellate Requirements in Pollak v. Strong Court: United States Court of Appeals...
Neutral, Generally Applicable Funding Conditions: Tenth Circuit Upholds Colorado’s UPK Nondiscrimination Rule and Limits Expressive Association in Preschool Admissions Introduction In St. Mary...
Reckless-Force Robbery and the ACCA: Tenth Circuit Declares Oklahoma Armed Robbery Not a “Violent Felony” Under § 924(e)(2)(B)(i) Introduction In United States v. Campbell (10th Cir. Sept. 30, 2025),...
McCane Still Controls After Rahimi: Tenth Circuit Reaffirms § 922(g)(1)’s Constitutionality and Clarifies Preservation When the District Court Acts Sua Sponte Introduction In United States v. Forbis...
Gross Receipts Plus Silence: Tenth Circuit Adopts Tax-Style Burden of Production for Expenses in SSA Disability-Fraud and Expands Loss to Foreseeable Dependent and Post-Period Benefits Introduction...
United States v. Sisney (10th Cir. 2025): Strict Enforcement of Plain-Error Briefing for Unpreserved Challenges to Supervised-Release Conditions Introduction This commentary analyzes the Tenth...
Post-Rahimi Reaffirmation in the Tenth Circuit: § 922(g)(1) Remains Valid Against Nonviolent Felons; Sua Sponte Rulings Preserve Issues for Appeal Introduction In this consolidated order and...
Tenth Circuit Adopts a Case-Specific Reading of 18 U.S.C. § 3283: Extended Limitations for Child Sexual Abuse Apply Without the Categorical Approach Introduction In United States v. Tso, the Tenth...
Concrete Plans and Overlapping Bans: Tenth Circuit Clarifies Standing for Pre‑Enforcement Second Amendment “Sensitive Places” Challenges Introduction In Springer v. Grisham, Nos. 23‑2192 & 23‑2194...
Tenth Circuit Clarifies that Broad Habitability Exclusions Defeat the Duty to Defend Even When Claims Are Pleaded as Negligence Case: Atain Specialty Insurance Company v. Eagle's Pointe, LLC, No....
Time-of-Decision Controls Qualifying-Child Status Under § 1229b(b)(1)(D); Post-Loper Bright, No Agency Deference; BIA’s Waiver Determinations Constrained by 8 C.F.R. § 1003.3(b) Introduction In...
Failure to Attend Successor Onboarding Is Not an Adverse Action by the Outgoing Employer: The Tenth Circuit’s ADA Baseline in Swepson v. Aimbridge Introduction In Swepson v. Aimbridge Employee...
Tenth Circuit Confirms Materiality of Form 4473 Indictment Question: § 922(a)(6) Convictions Stand Because § 922(n) Is Facially Constitutional (United States v. Peavler) Note: This Order and Judgment...
No Right to Nullify Materiality: Tenth Circuit Holds False Denial of Felony Indictment on Form 4473 Is Actionable Because § 922(n) Is Facially Valid Introduction In United States v. Reilly...