10th Circuit Case Commentaries

18 U.S.C. §§ 111 & 1114: Subcontracted Private Personnel Assisting Federal Detention Functions Are Protected Without a Direct Federal Contract

Date: Aug 8, 2026

18 U.S.C. §§ 111 & 1114: Subcontracted Private Personnel Assisting Federal Detention Functions Are Protected Without a Direct Federal Contract Case: United States v. Hernandez (No. 25-2084) Court:...

Plain-Error Barriers to Delegation and Explanation Challenges in Revocation Sentencing

Date: Aug 7, 2026

Plain-Error Barriers to Delegation and Explanation Challenges in Revocation Sentencing 1. Introduction In United States v. Mertlich (10th Cir. Aug. 5, 2026) (unpublished Order and Judgment), the...

COA Denied for Waived § 2254 Evidentiary Claims Raised Outside the Petition or Omitted from the COA Application

Date: Aug 7, 2026

COA Denied for Waived § 2254 Evidentiary Claims Raised Outside the Petition or Oitted from the COA Application Introduction In Cales v. The State of New Mexico (10th Cir. Aug. 5, 2026), Ivan Dennings...

Contract-Based “Express Consent” Defeats TCPA Autodial/Prerecorded-Call Claims; TILA Disclosure Claims Accrue at Contracting Absent New Credit

Date: Aug 7, 2026

Contract-Based “Express Consent” Defeats TCPA Autodial/Prerecorded-Call Claims; TILA Disclosure Claims Accrue at Contracting Absent New Credit Introduction Thigpen v. Westlake Services, LLC (10th...

No Oklahoma Tort Duty for Pharmacies to Fill Prescriptions Absent a Voluntary Undertaking; “Right Not to Fill” Regulation Treated as Clarifying

Date: Aug 7, 2026

No Oklahoma Tort Duty for Pharmacies to Fill Prescriptions Absent a Voluntary Undertaking; “Right Not to Fill” Regulation Treated as Clarifying Case: Scholl v. Walgreens Specialty Pharmacy Court:...

Negative Eyewitness Testimony and Rule 59 Deference: Upholding Defense Verdicts in Negligence Per Se Lane-Change Cases

Date: Aug 7, 2026

Negative Eyewitness Testimony and Rule 59 Deference: Upholding Defense Verdicts in Negligence Per Se Lane-Change Cases I. Introduction In Masek v. Peterson (10th Cir. Aug. 6, 2026), Ashton Masek, a...

Repeal-and-Replace Ordinance Moots Preliminary-Injunction Appeal and Bars Pendent Appellate Review

Date: Aug 7, 2026

Repeal-and-Replace Ordinance Moots Preliminary-Injunction Appeal and Bars Pendent Appellate Review 1. Introduction Scannell Properties #516, LLC and Scannell Properties #673, LLC (collectively,...

Perfunctory Briefing Waives Most Appellate Issues; Severance Requires Concrete “Actual Prejudice” Beyond Spillover Evidence

Date: Jul 29, 2026

Perfunctory Briefing Waives Most Appellate Issues; Severance Requires Concrete “Actual Prejudice” Beyond Spillover Evidence I. Introduction In United States v. Lin (10th Cir. July 24, 2026)...

Horocofsky v. City of Lawrence (10th Cir. 2026): Police-Affidavit Causation Limits § 1983 Malicious Prosecution and Reasserts the Default Rule Against Retaining Supplemental State Claims After Federal Claims End

Date: Jul 29, 2026

Horocofsky v. City of Lawrence (10th Cir. 2026): Police-Affidavit Causation Limits § 1983 Malicious Prosecution and Reasserts the Default Rule Against Retaining Supplemental State Claims After...

Drexler v. Weiser: Ex parte Young Requires a Particular Enforcement Connection; Prosecutorial Disavowal Defeats Pre-Enforcement Standing

Date: Jul 29, 2026

Drexler v. Weiser: Ex parte Young Requires a Particular Enforcement Connection; Prosecutorial Disavowal Defeats Pre-Enforcement Standing 1. Introduction In Drexler v. Weiser (10th Cir. July 24, 2026)...

Cooperstein v. Salt Lake City Corporation — Summary Affirmance When Appellant Omits Motion-to-Dismiss Materials and Video Evidence Needed for De Novo Review

Date: Jul 29, 2026

Summary Affirmance When Appellant Omits Motion-to-Dismiss Materials and Video Evidence Needed for De Novo Review Introduction In Cooperstein v. Salt Lake City Corporation (10th Cir. July 24, 2026),...

Rule 8(a) Enforced: Overlong, Vague, and Defendant-Unspecific Pleadings May Be Dismissed and Further Amendment Denied

Date: Jul 25, 2026

Rule 8(a) Enforced: Overlong, Vague, and Defendant-Unspecific Pleadings May Be Dismissed and Further Amendment Denied 1. Introduction Hoid v. KNOP-2 News is a pro se civil appeal in which Edward Hoid...

PREP Act Immunity Reaches Contract Claims for Vaccine-Related “Loss” and Supports Collateral-Order Appeals

Date: Jul 25, 2026

PREP Act Immunity Reaches Contract Claims for Vaccine-Related “Loss” and Supports Collateral-Order Appeals I. Introduction In Dressen v. AstraZeneca AB (10th Cir. July 23, 2026), the Tenth Circuit...

Hughes v. Stancil: Military Ineligibility Triggered by Federal Policy Is Not “Custody Pursuant to” a State Judgment Under § 2254

Date: Jul 25, 2026

Hughes v. Stancil: Military Ineligibility Triggered by Federal Policy Is Not “Custody Pursuant to” a State Judgment Under § 2254 1. Introduction In Hughes v. Stancil (10th Cir. July 23, 2026),...

Plea Stipulations Control Guidelines Loss and Victim Enhancements—Restitution Limits Do Not Recast Sentencing Facts (United States v. Ford)

Date: Jul 25, 2026

Plea Stipulations Control Guidelines Loss and Victim Enhancements—Restitution Limits Do Not Recast Sentencing Facts Case: United States v. Ford (10th Cir. July 23, 2026) | Court: Court of Appeals for...

Open-and-Obvious Hazard Rule for Dismounting Moving Tractors Under Kansas Law

Date: Jul 24, 2026

Open-and-Obvious Hazard Rule for Dismounting Moving Tractors Under Kansas Law 1. Introduction In Miller v. CNH Industrial America, LLC (10th Cir. July 21, 2026), the Tenth Circuit, applying Kansas...

Speech to Lawmakers Criticizing a Private Association’s Lobbying Is a Matter of Public Concern; Pickering Balancing Is Premature on the Pleadings

Date: Jul 24, 2026

Speech to Lawmakers Criticizing a Private Association’s Lobbying Is a Matter of Public Concern; Pickering Balancing Is Premature on the Pleadings 1. Introduction Cubin v. Gordon (10th Cir. July 21,...

Graham Severity Factor Turns on the Serious Offense Under Investigation—Even When the Arrest Is for Obstruction (Hayes v. Owen)

Date: Jul 24, 2026

Graham Severity Factor Turns on the Serious Offense Under Investigation—Even When the Arrest Is for Obstruction (Hayes v. Owen) 1. Introduction In Hayes v. Owen (10th Cir. July 21, 2026)...

Rule 32(i)(1)(A) Requires Follow-Up When a Defendant Denies Reviewing the PSR, and Allocution Preserves the Claim

Date: Jul 24, 2026

Rule 32(i)(1)(A) Requires Follow-Up When a Defendant Denies Reviewing the PSR, and Allocution Preserves the Claim Case: United States v. Threatt (10th Cir. July 21, 2026) | Court: U.S. Court of...

Utah Bad-Faith Liability After Full-Limits Tender: No Duty to Explain Unambiguous Policy Terms Absent Ambiguity or Fraud

Date: Jul 24, 2026

Utah Bad-Faith Liability After Full-Limits Tender: No Duty to Explain Unambiguous Policy Terms Absent Ambiguity or Fraud 1. Introduction Jenkins v. Prime Insurance (10th Cir. July 21, 2026) addresses...