Inferring Intent to Control in Joint-Occupancy Constructive Possession and Post-Rahimi Endorsement of § 922(g)(1): United States v. Whitehead (10th Cir. 2025) Introduction In United States v....
Precision Controls Scope: Tenth Circuit Limits Arbitrator Authority to Precisely Submitted Issues in Labor Arbitration Introduction In HollyFrontier Cheyenne Refining, LLC v. United Steel, Paper &...
Strict Enforcement of Appellate Deadlines and Pro Se Procedural Compliance 1. Introduction Gunter v. State of Oklahoma, decided by the United States Court of Appeals for the Tenth Circuit on March...
Timeliness Is Jurisdictional: Tenth Circuit Dismisses Untimely Appeals and Upholds Denial of Post‑Judgment Relief in Gunter v. State of Oklahoma Introduction In Gunter v. State of Oklahoma, the...
Pierce v. Cannon: Kansas’s COVID-19 Suspension Applies to § 1983 Deadlines, Delaying the Limitations Clock to April 15, 2021; Official-Capacity Damages Claims Barred by Eleventh Amendment...
Gunter v. State of Oklahoma: Tenth Circuit Reaffirms the Jurisdictional Strictness of Appellate Deadlines and the Limits of Post-Judgment Relief Introduction In this nonprecedential order and...
Pierce v. Cannon: Tenth Circuit Applies Kansas COVID-19 Limitations Suspension to § 1983 Claims and Reaffirms Eleventh-Amendment Bar on Official-Capacity Damages Introduction In Pierce v. Cannon, No....
Untimely Rule 59(e) Does Not Toll Appeal Time: Tenth Circuit Reaffirms Jurisdictional Deadlines and Pro Se Limits in VanBuskirk v. State of Oklahoma Introduction In VanBuskirk v. State of Oklahoma,...
United States v. Lin: Knowledge of Marijuana’s Identity Satisfies § 846 Mens Rea; Evidence of State-Law Legality Is Irrelevant; Willful-Blindness Instruction Upheld Introduction In United States v....
Nonparty Insurer May Invoke Colorado Issue Preclusion to Defeat Coverage Based on a Dismissed Underlying Claim; Duty to Defend Ends When the Only Covered Claim Is Voluntarily Dismissed Case: State...
State-Law Belief Is No Defense: Knowledge of Marijuana’s Identity Alone Satisfies § 846 Mens Rea, Making State-Law “Legality” Evidence Irrelevant Introduction In United States v. Lin, No. 24-6130...
Nonmutual Defensive Issue Preclusion Bars Relitigation of State‑Court Dismissal in Federal Coverage Disputes Commentary on State Farm Fire & Casualty Co. v. Webb, No. 24-1096 (10th Cir. Mar. 24,...
RICO, Eleventh Amendment Immunity, and Procedural Waiver: Clarifying the Boundaries of Appellate Review Introduction This commentary analyzes the recent decision from the United States Court of...
Limiting Government Liability: Reaffirming the Independent Contractor Rule on Premises Safety under the FTCA Introduction This commentary examines the recent decision in the case of Larry Dean v....
The Consequences of Untimely Objections: Affirmation of Appellate Review Waiver in Civil Rights Litigation Introduction The case of Wesley Wayne Pappas v. Drug Enforcement Agent Shannon Moham et al....
Inadequate Record Submissions as Grounds for Appellate Waiver: A New Benchmark in Procedural Compliance Introduction The case of Allen R. Davison and Sharon L. Davison v. Commissioner of Internal...
Strict Enforcement of the One-Year Limitations Period in Federal Habeas Appeals Introduction Franklin v. State of Oklahoma, No. 24-6225 (10th Cir. Mar. 20, 2025), presents a prisoner’s pro se...
Reaffirmation of AEDPA’s One-Year Limit: Denial of COA in Franklin v. State of Oklahoma Introduction Franklin v. State of Oklahoma is a 2025 decision of the United States Court of Appeals for the...
Reinforcing Exhaustion and Aggregate Hardship Analysis in Cancellation of Removal: New Judicial Insights Introduction The case of Carlos Manuel-Ramirez v. Pamela Bondi, United States Attorney General...
New Precedent on Equitable Estoppel and Delegation Clauses in Arbitration Agreements Introduction The recent decision by the United States Court of Appeals for the Tenth Circuit in the case of Ana...