Ensuring Mutual Assent in Arbitration: Parisi v. GreenSky Clarifies Contract Formation Introduction The Tenth Circuit’s decision in Parisi v. GreenSky (10th Cir. 2025) addresses a fundamental...
Arbitration Requires a Validly Formed Contract: Mutual Assent on Essential Terms Introduction This commentary examines the United States Court of Appeals for the Tenth Circuit decision in Parisi v....
Angarita-Quezada v. Garland: Clarifying Persecution and Government Protection Standards in LGBTQ Asylum Claims Introduction This case involves Diana Fernanda Angarita-Quezada, a Colombian national,...
Mutual Assent and Arbitration: Parisi v. GreenSky Clarifies Formation of Valid Arbitration Agreements Introduction Parisi v. GreenSky, LLC et al., decided June 6, 2025 by the United States Court of...
Life Sentencing Beyond the Guidelines for Second-Degree Murder in Indian Country: Clarifying the Role of 18 U.S.C. § 3553(a) in United States v. Washington Introduction United States v. Washington,...
Restricting Federal Habeas Relief Under 28 U.S.C. § 2254 to Underlying Conviction Challenges: Excluding Post-Conviction Procedural Claims Introduction Williams v. Bridges, No. 25-6025 (10th Cir. June...
Clarifying the “Exceptional and Extremely Unusually Hardship” Standard Under 8 U.S.C. § 1229b(b)(1)(D) Introduction In Hermosillo-Robles v. Bondi, 10th Cir. No. 24-9552 (June 4, 2025), the United...
Clarifying U.S.S.G. §2L1.2 Enhancement: “Sentence Imposed” and Adequacy of Within-Guidelines Explanations Introduction In United States v. Carvajal-Andujar, the Tenth Circuit addressed two recurring...
Appellate Waiver Enforcement and Its Exceptions: Clarifying the Hahn Test in United States v. Vessell Introduction United States v. Vessell (10th Cir. June 4, 2025) addresses the enforceability of a...
Judicial Restraint in Extending Bivens to Eighth Amendment Claims for Unsanitary Prison Conditions Introduction Walker v. Hudson, decided June 4, 2025 by the Tenth Circuit, illustrates the federal...
Crayton v. Bank of America: Stringent Requirements for Pleading Fraudulent Concealment Tolling Introduction In Crayton v. Bank of America, 25-3058 (10th Cir. June 3, 2025), the United States Court of...
Restricting §2241 Habeas Claims for Unauthorized Successive §2254 Petitions: Eaves v. Stancil Introduction In Eaves v. Stancil, the United States Court of Appeals for the Tenth Circuit denied a...
Miranda Custody Threshold in Law Enforcement Vehicles: A Totality of Circumstances Approach Introduction The case of United States v. Nahkai presents a nuanced examination of the “custodial...
Standards for Counsel Appointment and §3582(c)(1)(A) Compassionate Release in the Tenth Circuit: United States v. Read-Forbes Introduction This commentary examines the Tenth Circuit’s June 2, 2025...
Clarifying the Limits of Bivens and Section 1985(3) Private Entity Liability Absent State Action Introduction Fernandez v. Greyhound Lines, Inc. is a June 2, 2025 decision of the United States Court...
Clarifying the Constructive Amendment Doctrine and Post-Expiration Supervised Release Revocation under 18 U.S.C. § 3583(i) Introduction United States v. Peppers, Nos. 23-3112 & 23-3113 (10th Cir. May...
Schwartz v. Gentempo: Arbitrary Force on Pretrial Detainees Clearly Unlawful Under the Fourteenth Amendment 1. Introduction In Schwartz v. Gentempo, 10th Cir. No. 23-1393 (May 30, 2025), the United...
United States v. Peppers: Constructive Amendment, Hearsay Against Interest & Extended Revocation Authority under §3583(i) Introduction United States v. Peppers, 10th Cir. (May 30, 2025), addresses...
United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation Introduction In United States v. Peppers, 10th Cir. No. 23-3112 &...
Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance 1. Introduction The Tenth Circuit’s decision in El Dueno, LLC v. Mid-Century Insurance Company...