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  • Commentaries
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10th Circuit Case Commentaries

“Jones v. Fairbairn”: No State-Created Liberty Interest in Colorado Parole-Eligibility Calculations

“Jones v. Fairbairn”: No State-Created Liberty Interest in Colorado Parole-Eligibility Calculations

Date: Jul 31, 2025
“Jones v. Fairbairn”: No State-Created Liberty Interest in Colorado Parole-Eligibility Calculations 1. Introduction In Jones v. Fairbairn, the United States Court of Appeals for the Tenth Circuit...
Societal Expectations Within § 3553(a) and Post-Trial Acceptance of Responsibility: The Tenth Circuit’s Guidance in United States v. Rocha

Societal Expectations Within § 3553(a) and Post-Trial Acceptance of Responsibility: The Tenth Circuit’s Guidance in United States v. Rocha

Date: Jul 31, 2025
Societal Expectations Within § 3553(a) and Post-Trial Acceptance of Responsibility: The Tenth Circuit’s Guidance in United States v. Rocha Introduction On 29 July 2025 the Tenth Circuit published its...
“The Low-Threshold Rule for Entrapment Instructions” — Commentary on United States v. Spradley (10th Cir. 2025)

“The Low-Threshold Rule for Entrapment Instructions” — Commentary on United States v. Spradley (10th Cir. 2025)

Date: Jul 31, 2025
“The Low-Threshold Rule for Entrapment Instructions” — A Comprehensive Commentary on United States v. Spradley, 93 F.4th ___ (10th Cir. 2025) I. Introduction United States v. Spradley addresses a...
Representative-Taxpayer Doctrine and the Tax Injunction Act:  CO2 Committee v. Montezuma County (10th Cir. 2025)

Representative-Taxpayer Doctrine and the Tax Injunction Act: CO2 Committee v. Montezuma County (10th Cir. 2025)

Date: Jul 30, 2025
Representative-Taxpayer Doctrine and the Tax Injunction Act: CO2 Committee v. Montezuma County (10th Cir. 2025) 1. Introduction In CO2 Committee, Inc. v. Montezuma County, the United States Court of...
The Turner Rule: Tenth Circuit Bars Post-Discovery Pivot—Plaintiffs Must Amend Pleadings to Rely on New Factual Theories

The Turner Rule: Tenth Circuit Bars Post-Discovery Pivot—Plaintiffs Must Amend Pleadings to Rely on New Factual Theories

Date: Jul 30, 2025
The Turner Rule: Tenth Circuit Bars Post-Discovery Pivot—Plaintiffs Must Amend Pleadings to Rely on New Factual Theories 1. Introduction Shyers v. Metropolitan Property & Casualty Insurance Co.,...
Rooker-Feldman Reaffirmed: Federal Courts Have No Jurisdiction to Undo Colorado Rule 120 Foreclosure Orders

Rooker-Feldman Reaffirmed: Federal Courts Have No Jurisdiction to Undo Colorado Rule 120 Foreclosure Orders

Date: Jul 30, 2025
Rooker-Feldman Reaffirmed: Federal Courts Have No Jurisdiction to Undo Colorado Rule 120 Foreclosure Orders 1. Introduction Case: Viegas v. Kane, United States Court of Appeals for the Tenth Circuit,...
Reaffirming Rooker-Feldman Boundaries: Viegas v. Owens and the Non-Reviewability of Colorado Rule 120 Foreclosure Orders in Federal Court

Reaffirming Rooker-Feldman Boundaries: Viegas v. Owens and the Non-Reviewability of Colorado Rule 120 Foreclosure Orders in Federal Court

Date: Jul 30, 2025
Reaffirming Rooker-Feldman Boundaries: Viegas v. Owens and the Non-Reviewability of Colorado Rule 120 Foreclosure Orders in Federal Court 1. Introduction In Viegas v. Owens, the United States Court...
Removal Alone Does Not Waive the Right to Arbitrate – A Detailed Commentary on DeLaCruz-Bancroft v. Field Nation, LLC

Removal Alone Does Not Waive the Right to Arbitrate – A Detailed Commentary on DeLaCruz-Bancroft v. Field Nation, LLC

Date: Jul 25, 2025
Removal Alone Does Not Waive the Right to Arbitrate: Tenth Circuit Consolidates the Firm Waiver Rule and Morgan v. Sundance in DeLaCruz-Bancroft v. Field Nation 1. Introduction The Tenth Circuit’s...
Ogden v. Attorney General (10th Cir. 2025): Re-affirming the Non-Applicability of Good-Time Credits to Life Sentences and Clarifying COA Standards

Ogden v. Attorney General (10th Cir. 2025): Re-affirming the Non-Applicability of Good-Time Credits to Life Sentences and Clarifying COA Standards

Date: Jul 25, 2025
Ogden v. Attorney General for the State of New Mexico (10th Cir. 2025): Re-affirming the Non-Applicability of Good-Time Credits to Life Sentences and Clarifying the Certificate-of-Appealability...
Tenth Circuit Affirms Broad BIA Discretion to Summarily Dismiss Appeals for Vague NOAs and Late Briefs – Commentary on Pena-Sanchez v. Bondi

Tenth Circuit Affirms Broad BIA Discretion to Summarily Dismiss Appeals for Vague NOAs and Late Briefs – Commentary on Pena-Sanchez v. Bondi

Date: Jul 25, 2025
Tenth Circuit Affirms Broad BIA Discretion to Summarily Dismiss Appeals for Vague NOAs and Late Briefs Pena-Sanchez v. Bondi, 24-9550 (10th Cir. July 24, 2025) I. Introduction In Pena-Sanchez...
United States v. Jumper: Tenth Circuit Affirms Statutory-Maximum Revocation Sentence & Refines Standards for Major Upward Variances

United States v. Jumper: Tenth Circuit Affirms Statutory-Maximum Revocation Sentence & Refines Standards for Major Upward Variances

Date: Jul 25, 2025
United States v. Jumper: Tenth Circuit Affirms Statutory-Maximum Revocation Sentence & Refines Standards for Major Upward Variances in Supervised-Release Cases 1. Introduction On 24 July 2025 the...
Tenth Circuit Endorses Independent Tort Duty Despite Merger Clauses: City of Fort Collins v. Open International

Tenth Circuit Endorses Independent Tort Duty Despite Merger Clauses: City of Fort Collins v. Open International

Date: Jul 24, 2025
“Promises that Induce are Different from Promises to Perform” – The Tenth Circuit Clarifies Colorado’s Independent-Duty Exception to the Economic-Loss Rule in City of Fort Collins v. Open...
Bellinsky v. Galan: Tenth Circuit Reaffirms “Sprint Gatekeeping” for Younger Abstention and Tightens Rooker-Feldman in Domestic-Relations Civil-Rights Suits

Bellinsky v. Galan: Tenth Circuit Reaffirms “Sprint Gatekeeping” for Younger Abstention and Tightens Rooker-Feldman in Domestic-Relations Civil-Rights Suits

Date: Jul 24, 2025
Bellinsky v. Galan: Tenth Circuit Reaffirms “Sprint Gatekeeping” for Younger Abstention and Tightens Rooker-Feldman in Domestic-Relations Civil-Rights Suits 1. Introduction Bellinsky v. Galan, United...
Sprint-Gatekeeping Reinforced: Domestic-Relations Suits Alone Do Not Trigger Younger Abstention – A Commentary on Bellinsky v. Galan (10th Cir. 2025)

Sprint-Gatekeeping Reinforced: Domestic-Relations Suits Alone Do Not Trigger Younger Abstention – A Commentary on Bellinsky v. Galan (10th Cir. 2025)

Date: Jul 24, 2025
Sprint-Gatekeeping Reinforced: Domestic-Relations Suits Alone Do Not Trigger Younger Abstention – A Commentary on Bellinsky v. Galan (10th Cir. 2025) 1. Introduction In Bellinsky v. Galan, the United...
Bellinsky v. Galan: The Tenth Circuit Re-Sets the Boundaries of Younger Abstention in Domestic-Relations-Related §1983 Actions

Bellinsky v. Galan: The Tenth Circuit Re-Sets the Boundaries of Younger Abstention in Domestic-Relations-Related §1983 Actions

Date: Jul 23, 2025
Bellinsky v. Galan: The Tenth Circuit Re-Sets the Boundaries of Younger Abstention in Domestic-Relations-Related §1983 Actions Introduction Bellinsky v. Galan concerns two federal civil-rights suits...
Nonsignatory Agents Barred from Enforcing “Parties-Only” Arbitration Clauses – A Commentary on Fucci v. First American Title Insurance Co.

Nonsignatory Agents Barred from Enforcing “Parties-Only” Arbitration Clauses – A Commentary on Fucci v. First American Title Insurance Co.

Date: Jul 23, 2025
Nonsignatory Agents Barred from Enforcing “Parties-Only” Arbitration Clauses Commentary on Fucci v. First American Title Insurance Company (10th Cir. 2025) 1. Introduction Fucci v. First American...
The “Semper Exhaustion Rule” – A Tenth-Circuit Clarification on Enforcing Favorable Agency Decisions and the Non-delegability of Criminal Prosecution

The “Semper Exhaustion Rule” – A Tenth-Circuit Clarification on Enforcing Favorable Agency Decisions and the Non-delegability of Criminal Prosecution

Date: Jul 23, 2025
The “Semper Exhaustion Rule” – A Tenth-Circuit Clarification on Enforcing Favorable Agency Decisions and the Non-delegability of Criminal Prosecution Introduction Case: Semper v. Bessent, No. 25-4022...
Singh v. Bondi:  Self-Inflicted Incapacity, Presumption of Competence, and “Good-Cause” Continuances in Immigration Court

Singh v. Bondi: Self-Inflicted Incapacity, Presumption of Competence, and “Good-Cause” Continuances in Immigration Court

Date: Jul 23, 2025
Singh v. Bondi: Self-Inflicted Incapacity, Presumption of Competence, and “Good-Cause” Continuances in Immigration Court Introduction In Singh v. Bondi, the United States Court of Appeals for the...
United States v. Garcia-Limon: Tenth Circuit Validates “Scheme” Indictments for Repetitive Child-Sex-Abuse Under §§ 2241(c) & 2244(a)(5)

United States v. Garcia-Limon: Tenth Circuit Validates “Scheme” Indictments for Repetitive Child-Sex-Abuse Under §§ 2241(c) & 2244(a)(5)

Date: Jul 23, 2025
United States v. Garcia-Limon: Tenth Circuit Validates “Scheme” Indictments for Repetitive Child-Sex-Abuse Under §§ 2241(c) & 2244(a)(5) Introduction In United States v. Garcia-Limon, the U.S. Court...
“Reasonably-Equivalent Value” Re-Defined:  White v. Wardley and the Tenth Circuit’s Blueprint for Evaluating Guaranties and Debt Satisfaction under the Utah UFTA

“Reasonably-Equivalent Value” Re-Defined: White v. Wardley and the Tenth Circuit’s Blueprint for Evaluating Guaranties and Debt Satisfaction under the Utah UFTA

Date: Jul 23, 2025
“Reasonably-Equivalent Value” Re-Defined: White v. Wardley and the Tenth Circuit’s Blueprint for Evaluating Guaranties and Debt Satisfaction under the Utah UFTA Introduction White v. Wardley (In re...
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