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  • Commentaries
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10th Circuit Case Commentaries

Tenth Circuit Sets New Precedent on 'Extraordinary and Compelling Reasons' for Compassionate Release: United States v. Carr

Tenth Circuit Sets New Precedent on 'Extraordinary and Compelling Reasons' for Compassionate Release: United States v. Carr

Date: Apr 15, 2021
Tenth Circuit Sets New Precedent on 'Extraordinary and Compelling Reasons' for Compassionate Release: United States v. Carr Introduction The case of United States of America v. Heather Carr,...
Reaffirming Community-Caretaking: United States v. Trujillo and Its Impact on Vehicle Impoundment Policies

Reaffirming Community-Caretaking: United States v. Trujillo and Its Impact on Vehicle Impoundment Policies

Date: Apr 7, 2021
Reaffirming Community-Caretaking: United States v. Trujillo and Its Impact on Vehicle Impoundment Policies Introduction The case of United States of America v. Gabriel Trujillo, adjudicated by the...
Marcantel v. Saltmans: Tenth Circuit Affirms Duty to Disclose Known Sewer Easement in Utah Real Estate Sales

Marcantel v. Saltmans: Tenth Circuit Affirms Duty to Disclose Known Sewer Easement in Utah Real Estate Sales

Date: Apr 7, 2021
Marcantel v. Saltmans: Tenth Circuit Affirms Duty to Disclose Known Sewer Easement in Utah Real Estate Sales Introduction In the case of Marcantel v. Saltmans, decided by the United States Court of...
Tenth Circuit Clarifies Exclusionary Conduct Standards for Sherman Act Monopolization Claims

Tenth Circuit Clarifies Exclusionary Conduct Standards for Sherman Act Monopolization Claims

Date: Apr 6, 2021
Tenth Circuit Clarifies Exclusionary Conduct Standards for Sherman Act Monopolization Claims Introduction In the case of New Mexico Oncology and Hematology Consultants, Ltd. v. Presbyterian...
Precedent on Asylum Claims Based on Immediate Family Membership: Orellana-Recinos v. Garland

Precedent on Asylum Claims Based on Immediate Family Membership: Orellana-Recinos v. Garland

Date: Apr 6, 2021
Precedent on Asylum Claims Based on Immediate Family Membership: Orellana-Recinos v. Garland Introduction In the case of Ana Ruth Orellana-Recinos; Kevin Amilcar Rosales-Orellana v. Merrick B....
Expanding Judicial Discretion: Tenth Circuit Affirms Compassionate Release under the First Step Act in United States v. Maumau

Expanding Judicial Discretion: Tenth Circuit Affirms Compassionate Release under the First Step Act in United States v. Maumau

Date: Apr 2, 2021
Expanding Judicial Discretion: Tenth Circuit Affirms Compassionate Release under the First Step Act in United States v. Maumau Introduction The decision in United States of America v. Kepa Maumau,...
10th Circuit Affirms Dismissal of Constitutional Claims Against Telecommunications Regulations Under the Telecommunications Act of 1996

10th Circuit Affirms Dismissal of Constitutional Claims Against Telecommunications Regulations Under the Telecommunications Act of 1996

Date: Mar 31, 2021
10th Circuit Affirms Dismissal of Constitutional Claims Against Telecommunications Regulations Under the Telecommunications Act of 1996 Introduction In the case of SANTA FE ALLIANCE FOR PUBLIC HEALTH...
Affirmation of Summary Judgment in Racial Discrimination Claims: Bacy v. Chickasaw Nation Industries

Affirmation of Summary Judgment in Racial Discrimination Claims: Bacy v. Chickasaw Nation Industries

Date: Mar 31, 2021
Affirmation of Summary Judgment in Racial Discrimination Claims: Bacy v. Chickasaw Nation Industries Introduction The case of Treva Bacy v. Chickasaw Nation Industries, Inc. presents a critical...
District Courts' Discretion in Sentence Reduction under §3582(c)(1)(A): United States v. McGee Commentary

District Courts' Discretion in Sentence Reduction under §3582(c)(1)(A): United States v. McGee Commentary

Date: Mar 30, 2021
District Courts' Discretion in Sentence Reduction under §3582(c)(1)(A): United States v. McGee Commentary Introduction The case of United States of America v. Malcom Dero McGee serves as a pivotal...
Tenth Circuit Sets Precedent on Rule 41(a)(2) Dismissals and Appellate Standing for Nonparty Attorneys

Tenth Circuit Sets Precedent on Rule 41(a)(2) Dismissals and Appellate Standing for Nonparty Attorneys

Date: Mar 30, 2021
Tenth Circuit Sets Precedent on Rule 41(a)(2) Dismissals and Appellate Standing for Nonparty Attorneys Introduction In the case of Duncan Frank, on behalf of himself and all others similarly...
Tenth Circuit Clarifies Qualified Immunity Bound to Clearly Established First Amendment Rights in Police Recording

Tenth Circuit Clarifies Qualified Immunity Bound to Clearly Established First Amendment Rights in Police Recording

Date: Mar 30, 2021
Qualified Immunity and the First Amendment Right to Record Police: A Comprehensive Analysis Introduction In the landmark case of Levi Frasier v. Denver Police Officers (992 F.3d 1003, 10th Cir....
Limitations on the Retroactive Application of Janus v. AFSCME: Insights from Brett Hendrickson v. AFSCME Council 18

Limitations on the Retroactive Application of Janus v. AFSCME: Insights from Brett Hendrickson v. AFSCME Council 18

Date: Mar 27, 2021
Limitations on the Retroactive Application of Janus v. AFSCME: Insights from Brett Hendrickson v. AFSCME Council 18 Introduction The case Brett Hendrickson v. AFSCME Council 18 addresses the...
Establishing the Limits of Qualified Immunity in Post-Apprehension Excessive Force: Vette v. Sanders

Establishing the Limits of Qualified Immunity in Post-Apprehension Excessive Force: Vette v. Sanders

Date: Mar 6, 2021
Establishing the Limits of Qualified Immunity in Post-Apprehension Excessive Force: Vette v. Sanders Introduction Eric Tyler Vette v. K-9 Unit Deputy Sanders and Sergeant Gustin is a landmark case...
Qualified Immunity Differentiated for Medical Personnel in Jail Custody: Tenth Circuit's Decision in Estate of Jensen v. Jensen

Qualified Immunity Differentiated for Medical Personnel in Jail Custody: Tenth Circuit's Decision in Estate of Jensen v. Jensen

Date: Mar 3, 2021
Qualified Immunity Differentiated for Medical Personnel in Jail Custody: Tenth Circuit's Decision in Estate of Jensen v. Jensen Introduction The case of Estate of Madison Jody Jensen v. Jared Jensen...
Reversal of Preliminary Injunction on Navigable Waters Protection Rule: Implications for 'Waters of the United States' under the Clean Water Act

Reversal of Preliminary Injunction on Navigable Waters Protection Rule: Implications for 'Waters of the United States' under the Clean Water Act

Date: Mar 3, 2021
Reversal of Preliminary Injunction on Navigable Waters Protection Rule: Implications for 'Waters of the United States' under the Clean Water Act Introduction The case of State of Colorado v. U.S....
Ronald Throupe v. University of Denver: Upholding Summary Judgment Standards in Title IX Sex Discrimination Litigation

Ronald Throupe v. University of Denver: Upholding Summary Judgment Standards in Title IX Sex Discrimination Litigation

Date: Feb 27, 2021
Ronald Throupe v. University of Denver: Upholding Summary Judgment Standards in Title IX Sex Discrimination Litigation Introduction In the case of Ronald L. Throupe, Plaintiff - Appellant, v....
Affirmation of Knowledge Requirements in § 922(g) Firearm Possession Cases: Analysis of United States v. Ronald Benton

Affirmation of Knowledge Requirements in § 922(g) Firearm Possession Cases: Analysis of United States v. Ronald Benton

Date: Feb 24, 2021
Affirmation of Knowledge Requirements in § 922(g) Firearm Possession Cases: Analysis of United States v. Ronald Benton Introduction The case of United States of America v. Ronald Benton, 988 F.3d...
Interpretation of "Active, Full-Time Employee" in ERISA Plans: Carlile v. Reliance Standard Life Insurance Co.

Interpretation of "Active, Full-Time Employee" in ERISA Plans: Carlile v. Reliance Standard Life Insurance Co.

Date: Feb 23, 2021
Interpretation of "Active, Full-Time Employee" in ERISA Plans: Carlile v. Reliance Standard Life Insurance Co. Introduction The case of David G. Carlile versus Reliance Standard Life Insurance...
Exclusive-Remedies Clauses and Economic Loss Rule: Sinclair Wyoming Refining Co. v. A & B Builders, Ltd.

Exclusive-Remedies Clauses and Economic Loss Rule: Sinclair Wyoming Refining Co. v. A & B Builders, Ltd.

Date: Feb 23, 2021
Affirmation of Contractual Limitation Clauses and the Economic Loss Rule under Wyoming Law Introduction In the case of SINCLAIR WYOMING REFINING COMPANY v. A & B BUILDERS, LTD., the United States...
Reaffirmation of § 3583(e)(3): Authority to Revoke Supervised Release and Impose Additional Imprisonment Beyond Statutory Maximum

Reaffirmation of § 3583(e)(3): Authority to Revoke Supervised Release and Impose Additional Imprisonment Beyond Statutory Maximum

Date: Feb 17, 2021
Reaffirmation of § 3583(e)(3): Authority to Revoke Supervised Release and Impose Additional Imprisonment Beyond Statutory Maximum Introduction In the case of United States of America v. Shaun J....
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