10th Circuit Case Commentaries

Reversing Summary Judgment in Title IX Abuse Claim: Forth v. Laramie County School District No. 1

Date: Nov 8, 2023

Reversing Summary Judgment in Title IX Abuse Claim: Forth v. Laramie County School District No. 1 Introduction In the landmark case of Gracie Ann Forth v. Laramie County School District No. 1,...

Tenth Circuit Upholds Contamination Exclusion for COVID-19-Related Losses in All-Risk and Business-Interruption Insurance Policies

Date: Nov 1, 2023

Tenth Circuit Upholds Contamination Exclusion for COVID-19-Related Losses in All-Risk and Business-Interruption Insurance Policies Introduction The case of Monarch Casino & Resort, Inc. v. Affiliated...

Defining "Medical Opinion" in SSA Disability Claims: Insights from Staheli v. Commissioner

Date: Oct 13, 2023

Defining "Medical Opinion" in SSA Disability Claims: Insights from Staheli v. Commissioner Introduction In the landmark case of Melonie Staheli v. Commissioner, SSA, the United States Court of...

Denial of Certificate of Appealability in Headley v. United States Establishes Strict Adherence to Rule 60(b) Timeframes

Date: Sep 27, 2023

Denial of Certificate of Appealability in Headley v. United States Establishes Strict Adherence to Rule 60(b) Timeframes Introduction In the case of United States of America v. Gerald Paul Headley,...

Tenth Circuit Upholds Federal Felon Firearm Ban Post-Bruen: Adherence to McCane Affirmed

Date: Sep 16, 2023

Tenth Circuit Upholds Federal Felon Firearm Ban Post-Bruen: Adherence to McCane Affirmed Introduction In the case of Melynda Vincent v. Merrick B. Garland, decided on September 15, 2023, the United...

Establishing Meaningful Benchmarks for ERISA Fiduciary Duty of Prudence: Insights from Tenth Circuit's Affirmation in Matney v. Barrick Gold

Date: Sep 7, 2023

Establishing Meaningful Benchmarks for ERISA Fiduciary Duty of Prudence: Insights from Tenth Circuit's Affirmation in Matney v. Barrick Gold Introduction The case of Matney v. Barrick Gold of North...

Strict Adherence to Procedural Bars in Ineffective Assistance Claims: Tryon v. Quick

Date: Aug 31, 2023

Strict Adherence to Procedural Bars in Ineffective Assistance Claims: Tryon v. Quick Introduction In the case of Isaiah Glenndell Tryon v. Christe Quick, decided by the United States Court of Appeals...

Establishing Procedural Rigor in Dismissals with Prejudice: Tenth Circuit’s Decision in Carraway v. State Farm

Date: Aug 23, 2023

Establishing Procedural Rigor in Dismissals with Prejudice: Tenth Circuit’s Decision in Carraway v. State Farm Introduction In the case of Robert Carraway v. State Farm Fire and Casualty Company,...

Ensuring Meaningful Dialogue in ERISA Claims Processing: David P. v. United Healthcare Insurance Company

Date: Aug 16, 2023

Ensuring Meaningful Dialogue in ERISA Claims Processing: David P. v. United Healthcare Insurance Company Introduction In the case of David P.; L. P. v. United Healthcare Insurance Company,...

Frederick v. Warden: Tenth Circuit Upholds AEDPA Deference in Ineffective Assistance Claims

Date: Aug 15, 2023

Frederick v. Warden: Tenth Circuit Upholds AEDPA Deference in Ineffective Assistance Claims Introduction In the case of Darrell Wayne Frederick v. Christe Quick, Warden, Oklahoma State Penitentiary,...

Affirmation of Per-Count JVTA Assessments and Clarification of Sixth Amendment Counsel Rights in Dual Sovereignty Contexts

Date: Aug 12, 2023

Affirmation of Per-Count JVTA Assessments and Clarification of Sixth Amendment Counsel Rights in Dual Sovereignty Contexts Introduction In the landmark case of United States of America v. Edmond Carl...

Reinforcing Receiver's Authority under UVTA and Securities Laws: Klein v. Roe and Others

Date: Aug 8, 2023

Reinforcing Receiver's Authority under UVTA and Securities Laws: Klein v. Roe and Others Introduction The United States Court of Appeals for the Tenth Circuit, in the case of R. Wayne Klein, as...

Daimler Trucks North America Liability in Product Defect Claims Affirmed by Tenth Circuit

Date: Jul 22, 2023

Daimler Trucks North America Liability in Product Defect Claims Affirmed by Tenth Circuit Introduction In the case of Butler v. Daimler Trucks North America, LLC, the United States Court of Appeals...

Protecting First Amendment Rights in Police Interactions: Tenth Circuit Reverses Summary Judgment in John Jordan Case

Date: Jul 19, 2023

Protecting First Amendment Rights in Police Interactions: Tenth Circuit Reverses Summary Judgment in John Jordan Case Introduction In the landmark case of John Jordan v. Adams County Sheriff's...

Affirmation of Receiver's Authority to Pursue Fraudulent Transfer Claims under the Utah UVTA

Date: Jul 15, 2023

Affirmation of Receiver's Authority to Pursue Fraudulent Transfer Claims under the Utah Uniform Voidable Transactions Act (UVTA) Introduction In the landmark case R. Wayne Klein, as Receiver,...

Refining Qualified Immunity Standards for Supervisory Liability in Use of Force Cases: Wise v. Caffey and Bowling

Date: Jul 12, 2023

Refining Qualified Immunity Standards for Supervisory Liability in Use of Force Cases: Wise v. Caffey and Bowling 1. Introduction Wise v. Caffey and Bowling, adjudicated in the United States Court of...

Strict Scrutiny of Pseudonymous Litigation: Tenth Circuit Affirms Denial in Luo v. Wang

Date: Jul 4, 2023

Strict Scrutiny of Pseudonymous Litigation: Tenth Circuit Affirms Denial in Luo v. Wang Introduction The case of Xingfei Luo v. Paul Wang, adjudicated by the United States Court of Appeals for the...

Clarifying Deference to Sentencing Guidelines Commentary: Tenth Circuit in United States v. Maloid

Date: Jun 24, 2023

Clarifying Deference to Sentencing Guidelines Commentary: Tenth Circuit in United States v. Maloid Introduction In the case of United States of America v. Quindell Tyree Maloid, 71 F.4th 795 (10th...

Affirmation of Tollett Standard in Collateral Challenges to Guilty Pleas: United States v. Spaeth

Date: Jun 13, 2023

Affirmation of Tollett Standard in Collateral Challenges to Guilty Pleas: United States v. Spaeth Introduction In the case of UNITED STATES OF AMERICA v. MATTHEW C. SPAETH, decided on June 12, 2023,...

Compassionate Release Standards Amid COVID-19: Insights from Ford v. United States

Date: Jun 7, 2023

Compassionate Release Standards Amid COVID-19: Insights from Ford v. United States Introduction United States of America v. Willie F. Ford is a significant appellate decision from the United States...