10th Circuit Case Commentaries

“More Than a Checkbox”: United States v. Ramirez-Lopez and the Tenth Circuit’s Re-Statement of the Bail Reform Act’s Fact-Finding Requirements

Date: Aug 14, 2025

“More Than a Checkbox”: United States v. Ramirez-Lopez and the Tenth Circuit’s Re-Statement of the Bail Reform Act’s Fact-Finding Requirements 1. Introduction United States v. Ramirez-Lopez, No....

Per-Defendant Fee-Shifting and Extended Judicial Immunity: A Commentary on West-Helmle v. Denver District Attorney’s Office (10th Cir. 2025)

Date: Aug 14, 2025

Per-Defendant Fee-Shifting and Extended Judicial Immunity: An In-Depth Commentary on West-Helmle v. Denver District Attorney’s Office, 91 F.4th ___ (10th Cir. 2025) 1. Introduction On 12 August 2025...

“Strict Enforcement of Appellate Diligence” – Commentary on Gilberti v. Buffet (10th Cir. 2025)

Date: Aug 13, 2025

“Strict Enforcement of Appellate Diligence” – A Commentary on Gilberti v. Buffet, 90 F.4th ___ (10th Cir. 2025) 1. Introduction In Gilberti v. Buffet, the United States Court of Appeals for the Tenth...

United States v. Guzman: No Fourth-Amendment Standing for Occupants of Condemned or “Substandard” Property

Date: Aug 13, 2025

United States v. Guzman: No Fourth-Amendment Standing for Occupants of Condemned or “Substandard” Property 1. Introduction In United States v. Guzman, No. 24-2122 (10th Cir. Aug. 8, 2025), the Tenth...

“Jurisdiction First, Mootness Later” – The Tenth Circuit BAP’s Clarification on Stay-Relief Orders Entered Before Case Dismissal

Date: Aug 13, 2025

“Jurisdiction First, Mootness Later” – The Tenth Circuit BAP’s Clarification on Stay-Relief Orders Entered Before Case Dismissal 1. Introduction The Bankruptcy Appellate Panel (BAP) for the Tenth...

Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments

Date: Aug 12, 2025

Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments Introduction On 6 August 2025 the United States Court of...

“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures

Date: Aug 12, 2025

“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures 1. Introduction Poe v. Drummond, decided by the United States Court...

Tenth Circuit Clarifies Relation-Back, Joinder, and Continuing-Violation Limits in Prisoner § 1983 Litigation – The “Amaro Rule”

Date: Aug 6, 2025

Tenth Circuit Clarifies Relation-Back, Joinder, and Continuing-Violation Limits in Prisoner § 1983 Litigation – The “Amaro Rule” Introduction Amaro v. New Mexico Corrections Department is a...

“The 15-Day Rule” for Protection Applications and Waiver by Inattention: A Commentary on Chavez-Govea v. Bondi (10th Cir. 2025)

Date: Aug 6, 2025

“The 15-Day Rule” for Protection Applications and Waiver by Inattention: A Comprehensive Commentary on Chavez-Govea v. Bondi, 10th Cir. (2025) 1. Introduction Chavez-Govea v. Bondi is a precedential...

Signature Optional for Proof-of-Service in EOIR Electronic Filings – Commentary on Cortez v. Bondi

Date: Aug 6, 2025

Signature Optional for Proof-of-Service in EOIR Electronic Filings: A Detailed Commentary on Cortez v. Bondi, 67 F.4th ___ (10th Cir. 2025) 1. Introduction Background: Ana Sofia Cortez and her minor...

“Ellis Doctrine”: Evidentiary Objections Are Not Reviewable on Interlocutory Qualified-Immunity Appeals & District Courts Must Conduct Defendant-Specific “Clearly Established” Analyses

Date: Aug 6, 2025

Ellis v. Salt Lake City Corporation: The Tenth Circuit’s New Limits on Collateral-Order Review and a Reminder of Individualised “Clearly Established” Duties I. Introduction Ellis v. Salt Lake City...

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

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

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

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

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

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

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

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)

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...