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  • Commentaries
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10th Circuit Case Commentaries

Clarifying Rebuttal Standards under the Black Lung Benefits Act: 10th Circuit Bars Employer Evidence that Conflates Clinical and Legal Pneumoconiosis

Clarifying Rebuttal Standards under the Black Lung Benefits Act: 10th Circuit Bars Employer Evidence that Conflates Clinical and Legal Pneumoconiosis

Date: Aug 6, 2025
Clarifying Rebuttal Standards under the Black Lung Benefits Act: 10th Circuit Bars Employer Evidence that Conflates Clinical and Legal Pneumoconiosis 1. Introduction In Energy West Mining Company v....
“No Short-Circuiting Summary Judgment”:  Snyder v. Beam Technologies and the Tenth Circuit’s Twin Pronouncements on Trade-Secret Protection and Rule 702 Procedure

“No Short-Circuiting Summary Judgment”: Snyder v. Beam Technologies and the Tenth Circuit’s Twin Pronouncements on Trade-Secret Protection and Rule 702 Procedure

Date: Aug 6, 2025
“No Short-Circuiting Summary Judgment” – A Commentary on Snyder v. Beam Technologies, Inc., 134 F.4th 1078 (10th Cir. 2025) I. Introduction In Snyder v. Beam Technologies, the United States Court of...
United States v. Guevara-Lopez: The Tenth Circuit Tightens the
Explanation Duty for Upward Variances and Invites Use of JSIN Statistics
to Police Sentencing Disparities

United States v. Guevara-Lopez: The Tenth Circuit Tightens the Explanation Duty for Upward Variances and Invites Use of JSIN Statistics to Police Sentencing Disparities

Date: Aug 6, 2025
United States v. Guevara-Lopez: A Tenth-Circuit Roadmap for Explaining Major Upward Variances & the Emerging Role of JSIN Data in § 3553(a)(6) Analysis 1. Introduction United States v. Guevara-Lopez,...
When Silence Meets the Call Button: Hardy v. Rabie and the Tenth Circuit’s Clarification that Ignoring Repeated Emergency Signals Constitutes Clearly Established Deliberate Indifference

When Silence Meets the Call Button: Hardy v. Rabie and the Tenth Circuit’s Clarification that Ignoring Repeated Emergency Signals Constitutes Clearly Established Deliberate Indifference

Date: Aug 6, 2025
When Silence Meets the Call Button: Hardy v. Rabie and the Tenth Circuit’s Clarification that Ignoring Repeated Emergency Signals Constitutes Clearly Established Deliberate Indifference Introduction...
Rolle v. Wyoming DOC: Tenth Circuit Narrows §1983 “Failure-to-Train” Liability for Private Contractors and Confirms the Patient Self-Determination Act Does Not Apply to Prisons

Rolle v. Wyoming DOC: Tenth Circuit Narrows §1983 “Failure-to-Train” Liability for Private Contractors and Confirms the Patient Self-Determination Act Does Not Apply to Prisons

Date: Aug 6, 2025
Rolle v. Wyoming Department of Corrections Tenth Circuit Narrows §1983 “Failure-to-Train” Liability for Private Contractors and Confirms the Patient Self-Determination Act Does Not Apply to Prisons...
Case Comment: United States v. Campus — The Tenth Circuit Confirms that § 3A1.3’s Physical-Restraint Adjustment May Be Added When Distinct Conduct Shows Restraint Beyond the Core Offense

Case Comment: United States v. Campus — The Tenth Circuit Confirms that § 3A1.3’s Physical-Restraint Adjustment May Be Added When Distinct Conduct Shows Restraint Beyond the Core Offense

Date: Aug 6, 2025
United States v. Campus: Clarifying When the Physical-Restraint Adjustment Can Accompany an Offense-Specific Enhancement Introduction United States v. Campus, No. 24-5068 (10th Cir. Aug. 4, 2025),...
Clarifying Diversity Jurisdiction: Trust Citizenship Rules Apply at Every Ownership Layer – Commentary on ADA Carbon Solutions (Red River) v. Atlas Carbon

Clarifying Diversity Jurisdiction: Trust Citizenship Rules Apply at Every Ownership Layer – Commentary on ADA Carbon Solutions (Red River) v. Atlas Carbon

Date: Aug 5, 2025
Clarifying Diversity Jurisdiction: Trust Citizenship Rules Apply at Every Ownership Layer – ADA Carbon Solutions (Red River) v. Atlas Carbon (10th Cir. 2025) 1. Introduction ADA Carbon Solutions (Red...
Public Knowledge Is Not Enough: Amiryan v. Bondi and the Social-Distinction Requirement for Informant-Based Particular Social Groups

Public Knowledge Is Not Enough: Amiryan v. Bondi and the Social-Distinction Requirement for Informant-Based Particular Social Groups

Date: Aug 5, 2025
Public Knowledge Is Not Enough: Amiryan v. Bondi and the Social-Distinction Requirement for Informant-Based Particular Social Groups Introduction Amiryan v. Bondi, No. 24-9564 (10th Cir. Aug. 1,...
Tenth Circuit Bars Collateral Attacks on State Convictions in Revocation Sentencing: A Commentary on United States v. Beck (2025)

Tenth Circuit Bars Collateral Attacks on State Convictions in Revocation Sentencing: A Commentary on United States v. Beck (2025)

Date: Aug 5, 2025
Tenth Circuit Bars Collateral Attacks on State Convictions in Revocation Sentencing: United States v. Beck (2025) 1. Introduction United States v. Beck, No. 24-7036, decided by the U.S. Court of...
United States v. Clark: Reinforcing Rule 32 Fact-Finding Duties When Disputed PSR Allegations Drive Supervised-Release Conditions

United States v. Clark: Reinforcing Rule 32 Fact-Finding Duties When Disputed PSR Allegations Drive Supervised-Release Conditions

Date: Aug 5, 2025
United States v. Clark: Reinforcing Rule 32 Fact-Finding Duties When Disputed PSR Allegations Drive Supervised-Release Conditions Introduction The Tenth Circuit’s decision in United States v. Clark,...
United States v. Peshlakai – Limiting the Exclusionary Rule: No Automatic Suppression for Violations of Tribal Federal-Detainer Statutes

United States v. Peshlakai – Limiting the Exclusionary Rule: No Automatic Suppression for Violations of Tribal Federal-Detainer Statutes

Date: Aug 5, 2025
United States v. Peshlakai – Limiting the Exclusionary Rule: No Automatic Suppression for Violations of Tribal Federal-Detainer Statutes Introduction In United States v. Peshlakai, the Tenth Circuit...
The Shelton Doctrine: Implicit Compliance with § 3553(a)(6) Sustains Upward Variances

The Shelton Doctrine: Implicit Compliance with § 3553(a)(6) Sustains Upward Variances

Date: Aug 5, 2025
The Shelton Doctrine: Implicit Compliance with § 3553(a)(6) Sustains Upward Variances Introduction United States v. Shelton, No. 24-6100 (10th Cir. 2025), addresses whether a sentencing court must...
United States v. Summers:  Tenth Circuit Affirms “Signature-Modus” Exception for Prior Child-Sex Acts Under Rule 404(b)

United States v. Summers: Tenth Circuit Affirms “Signature-Modus” Exception for Prior Child-Sex Acts Under Rule 404(b)

Date: Aug 5, 2025
United States v. Summers: The Tenth Circuit’s Refined Standard for Admitting Prior Child-Sex Evidence as “Signature Modus Operandi” Under Rule 404(b) Introduction United States v. Summers,...
Change in Law Alone Is Not an “Extraordinary Circumstance”: The Post-Remand Rule 60(b)(6) Boundary in Waetzig v. Halliburton Energy Services

Change in Law Alone Is Not an “Extraordinary Circumstance”: The Post-Remand Rule 60(b)(6) Boundary in Waetzig v. Halliburton Energy Services

Date: Aug 5, 2025
Change in Law Alone Is Not an “Extraordinary Circumstance”: The Post-Remand Rule 60(b)(6) Boundary in Waetzig v. Halliburton Energy Services 1. Introduction Court – Date: United States Court of...
“Legal Theories Are Not ‘New Facts’: The Tenth Circuit’s Clarification of § 2244(b)(2)(B) in In re: Meza”

“Legal Theories Are Not ‘New Facts’: The Tenth Circuit’s Clarification of § 2244(b)(2)(B) in In re: Meza”

Date: Aug 5, 2025
“Legal Theories Are Not ‘New Facts’: The Tenth Circuit’s Clarification of § 2244(b)(2)(B) in In re: Meza” 1. Introduction On 31 July 2025, the United States Court of Appeals for the Tenth Circuit...
United States v. Hopson: No Federal Jurisdiction Over Unenumerated Lesser-Included Offences in Major Crimes Act Prosecutions

United States v. Hopson: No Federal Jurisdiction Over Unenumerated Lesser-Included Offences in Major Crimes Act Prosecutions

Date: Aug 2, 2025
United States v. Hopson: No Federal Jurisdiction Over Unenumerated Lesser-Included Offences in Major Crimes Act Prosecutions Introduction United States v. Hopson, No. 23-5056 (10th Cir. 2025) marks...
Allison v. Boulder County: Tenth Circuit Confirms District Courts’ Power to Dismiss Pro Se Prisoner Pleadings that Flout Rule 8 at the Screening Stage

Allison v. Boulder County: Tenth Circuit Confirms District Courts’ Power to Dismiss Pro Se Prisoner Pleadings that Flout Rule 8 at the Screening Stage

Date: Aug 1, 2025
Allison v. Boulder County (BCSO): Tenth Circuit Confirms District Courts’ Power to Dismiss Pro Se Prisoner Pleadings that Flout Rule 8 at the Screening Stage Introduction In Allison v. Boulder...
Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping Broken Underground Pipes

Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping Broken Underground Pipes

Date: Jul 31, 2025
Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping...
United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act

United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act

Date: Jul 31, 2025
United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act Introduction United States v. Cervantes, No. 24-1325 (10th...

        Christians in the Workplace Networking Group v. Sandia:
        Tenth Circuit Clarifies § 1983 “Personhood”, Post-Muldrow Adverse-Action
        Threshold, and the Dual Rule 16/Rule 15 Bar to Late Amendments

Christians in the Workplace Networking Group v. Sandia: Tenth Circuit Clarifies § 1983 “Personhood”, Post-Muldrow Adverse-Action Threshold, and the Dual Rule 16/Rule 15 Bar to Late Amendments

Date: Jul 31, 2025
Christians in the Workplace Networking Group v. National Technology and Engineering Solutions of Sandia, LLC (10th Cir. 2025) Introduction In Christians in the Workplace Networking Group v. Sandia...
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