10th Circuit Case Commentaries

Affirmation of Dismissal of Civil Conspiracy Claims under Colorado Law: Brody v. Bruner Family Trust

Date: May 2, 2024

Strict Pleading Standards for Civil Conspiracy Claims Affirmed in 10th Circuit Introduction The case of David E. Brody v. Mark E. Bruner & The Bruner Family Trust involves a civil conspiracy claim...

Upholding the Department of Labor's Authority to Set Minimum Wages for Federal Contractors under FPASA

Date: May 1, 2024

Upholding the Department of Labor's Authority to Set Minimum Wages for Federal Contractors under FPASA Introduction In the case of Duke Bradford; Arkansas Valley Adventures, LLC, AKA AVA Rafting and...

Cronick v. Pryor et al.: Tenth Circuit Defines Probable Cause Standards under Colorado Springs Ordinance § 9.2.103

Date: May 1, 2024

Cronick v. Pryor et al.: Tenth Circuit Defines Probable Cause Standards under Colorado Springs Ordinance § 9.2.103 Introduction Cronick v. Pryor et al. is a landmark decision by the United States...

Reaffirming Intermediate Scrutiny for Sex-Based Classifications in Public School Policies

Date: May 1, 2024

Reaffirming Intermediate Scrutiny for Sex-Based Classifications in Public School Policies Introduction The case of John Doe v. Rocky Mountain Classical Academy addresses critical issues surrounding...

Affirmation of Qualified Immunity and Title IX Requirements in Educational Discrimination Case

Date: May 1, 2024

Affirmation of Qualified Immunity and Title IX Requirements in Educational Discrimination Case Introduction In the case of De Anza Angel Dimas v. Pecos Independent School District Board of Education,...

Precedent-Setting First Amendment Retaliation Ruling in Pryor v. Denver Public Schools

Date: May 1, 2024

Precedent-Setting First Amendment Retaliation Ruling in Pryor v. Denver Public Schools Introduction The case of Brandon Pryor v. Denver Public Schools represents a significant development in First...

Affirmation of Policy Limitations and Standards for Bad Faith Claims in Insurance Disputes: Saddletree Holding, LLC v. Evanston Insurance Company & Markel Service, Inc.

Date: May 1, 2024

Affirmation of Policy Limitations and Standards for Bad Faith Claims in Insurance Disputes Introduction The case of Saddletree Holding, LLC v. Evanston Insurance Company & Markel Service, Inc....

Affirmation of Qualified Immunity in Evidence Fabrication Claims: Johnson v. City of Cheyenne

Date: Apr 27, 2024

Affirmation of Qualified Immunity in Evidence Fabrication Claims: Johnson v. City of Cheyenne Introduction In the landmark case of Andrew J. Johnson v. City of Cheyenne, the United States Court of...

Reaffirming Government Speech in Ballot Titling: Tenth Circuit Upholds Colorado's Fiscal Transparency Act

Date: Apr 27, 2024

Reaffirming Government Speech in Ballot Titling: Tenth Circuit Upholds Colorado's Fiscal Transparency Act Introduction In the landmark case of ADVANCE COLORADO, et al. v. JENA GRISWOLD, in her...

Reaffirming the 'Exceptional and Extremely Unusual Hardship' Standard in Cancellation of Removal Cases

Date: Apr 25, 2024

Reaffirming the 'Exceptional and Extremely Unusual Hardship' Standard in Cancellation of Removal Cases Introduction The case of Rafael Montejano-Martinez v. Merrick B. Garland addresses critical...

Declaratory Judgment and Insurance Policy Limits: Tenth Circuit Affirms $500K Per-Occurrence Limit

Date: Apr 24, 2024

Declaratory Judgment and Insurance Policy Limits: Tenth Circuit Affirms $500K Per-Occurrence Limit Introduction The case of Travelers Casualty Insurance Company of America v. A-Quality Auto Sales,...

Extraterritorial Application of the Lanham Act: Insights from Hetronic International v. Abitron

Date: Apr 24, 2024

Extraterritorial Application of the Lanham Act: Insights from Hetronic International v. Abitron Introduction The judicial landscape surrounding the extraterritorial application of U.S. trademark laws...

Admission of Residual Hearsay in Child Sexual Abuse Cases: United States v. Burgess

Date: Apr 24, 2024

Admission of Residual Hearsay in Child Sexual Abuse Cases: United States v. Burgess Introduction In United States of America v. Kendall Len Burgess (99 F.4th 1175), the United States Court of Appeals...

Dismissal of Interlocutory Appeal in Bivens Claim: Clarifying Appellate Jurisdiction and Qualified Immunity

Date: Apr 23, 2024

Dismissal of Interlocutory Appeal in Bivens Claim: Clarifying Appellate Jurisdiction and Qualified Immunity Introduction In the case of Jose Arroyo et al. v. Derek Myers et al., the United States...

Nationwide Application of ANILCA and Upholding NEPA/ESA Compliance in Rocky Mountain Wild v. USFS

Date: Apr 20, 2024

Nationwide Application of ANILCA and Upholding NEPA/ESA Compliance in Rocky Mountain Wild v. USFS Introduction The case of Rocky Mountain Wild; San Luis Valley Ecosystem Council; San Juan Citizens...

Expanding the Scope of Enticement: Tenth Circuit Affirms §2422(b) Conviction Based on Grooming Conduct

Date: Apr 20, 2024

Expanding the Scope of Enticement: Tenth Circuit Affirms §2422(b) Conviction Based on Grooming Conduct Introduction In the recent case of United States of America v. John William Thomas Flechs,...

Affirmation of Ellerth/Faragher Defense in Hostile Work Environment Claims: Moon v. Oklahoma Department of Corrections

Date: Apr 20, 2024

Affirmation of Ellerth/Faragher Defense in Hostile Work Environment Claims: Moon v. Oklahoma Department of Corrections Introduction In the case of COURTNEY BROOKE MOON, Plaintiff-Appellant, v....

Compassionate Release Standards Affirmed in United States v. Bonilla

Date: Apr 19, 2024

Compassionate Release Standards Affirmed in United States v. Bonilla Introduction In the case of United States of America v. Manuel Bonilla, decided by the United States Court of Appeals for the...

Blandin v. Smith: Affirmation of Qualified Immunity in DUI Arrest Cases

Date: Apr 19, 2024

Blandin v. Smith: Affirmation of Qualified Immunity in DUI Arrest Cases Introduction In the case of Jarrod Blandin v. Kevin Smith et al., adjudicated by the United States Court of Appeals for the...

Reaffirming Qualified Immunity Standards: Tenth Circuit Upholds Bustillos v. City of Artesia on Fourth Amendment Grounds

Date: Apr 18, 2024

Reaffirming Qualified Immunity Standards: Tenth Circuit Upholds Bustillos v. City of Artesia on Fourth Amendment Grounds Introduction In the landmark case Albert Bustillos v. The City of Artesia;...