10th Circuit Case Commentaries

New Precedent on Mootness and Agency Inaction under the APA in Audubon of Kansas v. Department of Interior

Date: May 16, 2023

New Precedent on Mootness and Agency Inaction under the APA in Audubon of Kansas v. Department of Interior Introduction In the landmark case of Audubon of Kansas, Inc. v. United States Department of...

Enhanced Procedural Standards for ERISA Medical Claims: Insights from D.K. v. United Behavioral Health

Date: May 16, 2023

Enhanced Procedural Standards for ERISA Medical Claims: Insights from D.K.; K.K. v. United Behavioral Health Introduction In the landmark case of D.K.; K.K. v. United Behavioral Health; Alcatel -...

10th Circuit Affirms Proper Indemnification and Valid Draw under Oklahoma UCC in EFLO Energy v. Devon Energy

Date: Apr 25, 2023

10th Circuit Affirms Proper Indemnification and Valid Draw under Oklahoma UCC in EFLO Energy v. Devon Energy Introduction The case of EFLO Energy; Pacific LNG Operations, Ltd. v. Devon Energy...

Tenth Circuit Establishes Precedent on Single-Incident Municipal Liability for Failure to Train in Excessive Force Cases

Date: Apr 25, 2023

Tenth Circuit Establishes Precedent on Single-Incident Municipal Liability for Failure to Train in Excessive Force Cases Introduction The case of Michael Valdez v. John Macdonald, Denver Police...

Reversing Rooker-Feldman, Heck, and Younger: A Landmark Decision in Debt Collection Practices

Date: Apr 11, 2023

Reversing Rooker-Feldman, Heck, and Younger: A Landmark Decision in Debt Collection Practices Introduction In the notable case of Carly Graff et al. v. Aberdeen Enterprizes, II, Inc. et al., the...

10th Circuit Reinforces Rigorous Pleading Standards for RICO Fraud Claims in Equity-Indexed Annuity Disputes

Date: Mar 29, 2023

10th Circuit Reinforces Rigorous Pleading Standards for RICO Fraud Claims in Equity-Indexed Annuity Disputes Introduction In the landmark case of Clinton et al. v. Security Benefit Life Insurance...

Qualified Immunity Affirmed in Investigatory Stop of Suspected Fugitive's Family

Date: Mar 11, 2023

Qualified Immunity Affirmed in Investigatory Stop of Suspected Fugitive's Family Introduction In the landmark case BRETT HEMRY; GENALYN HEMRY v. BRADLEY M. ROSS; MEHRAN AZIZIAN, adjudicated by the...

Affirmation of Qualified Immunity in Police Use of Deadly Force: Palacios v. Salt Lake City Police Department

Date: Mar 8, 2023

Affirmation of Qualified Immunity in Police Use of Deadly Force: Palacios v. Salt Lake City Police Department Introduction The case of Elsa Karina Palacios, acting as the personal representative of...

Establishing Precedent on Equitable Tolling and Malicious Prosecution in Shrum v. Cooke

Date: Mar 1, 2023

Establishing Precedent on Equitable Tolling and Malicious Prosecution in Shrum v. Cooke Introduction In the landmark case of Shrum v. Cooke, the United States Court of Appeals for the Tenth Circuit...

Federal Appellate Decision Clarifies Boundaries Between Compassionate Release and Post-Conviction Relief in Prosecutorial Misconduct Claims – United States v. Wesley

Date: Mar 1, 2023

Federal Appellate Decision Clarifies Boundaries Between Compassionate Release and Post-Conviction Relief in Prosecutorial Misconduct Claims – United States v. Wesley Introduction In the landmark case...

Precedent-Setting Allocation of Attorneys' Fees in Multi-District Litigations: The Tenth Circuit's Ruling in In re Syngenta AG MIR 162 Corn Litigation

Date: Mar 1, 2023

Precedent-Setting Allocation of Attorneys' Fees in Multi-District Litigations: The Tenth Circuit's Ruling in In re Syngenta AG MIR 162 Corn Litigation Introduction The Tenth Circuit Court of Appeals...

No Fixed Benchmark for Attorneys' Fees in Common-Fund Class Actions: Insight from Voulgaris v. Array Biopharma

Date: Feb 28, 2023

No Fixed Benchmark for Attorneys' Fees in Common-Fund Class Actions: Insight from Voulgaris v. Array Biopharma Introduction The case of Voulgaris et al. v. Array Biopharma, Inc. et al. 60 F.4th 1259...

Reaffirming Mens Rea Standards in Controlled Substances Convictions: Kahn v. United States

Date: Feb 4, 2023

Reaffirming Mens Rea Standards in Controlled Substances Convictions: Kahn v. United States Introduction The case of United States of America v. Shakeel Kahn (58 F.4th 1308) represents a pivotal...

Private Cause of Action Not Established under §10114(b) of the 2018 Farm Bill: Analysis of Serna v. Denver Police Department

Date: Jan 25, 2023

Private Cause of Action Not Established under §10114(b) of the 2018 Farm Bill: Analysis of Serna v. Denver Police Department Introduction In the landmark case of Francisco Serna v. Denver Police...

Tenth Circuit Establishes Enhanced Standards for Deliberate Indifference in Correctional Medical Care

Date: Jan 21, 2023

Tenth Circuit Establishes Enhanced Standards for Deliberate Indifference in Correctional Medical Care Introduction The case of Yolanda Lucas, as the Special Administrator of the Estate of Michelle...

Standing Affirmed for First Amendment Challenges to Election Disclosure Laws: Insights from Rio Grande Foundation v. Toulouse Oliver

Date: Jan 19, 2023

Standing Affirmed for First Amendment Challenges to Election Disclosure Laws: Insights from Rio Grande Foundation v. Toulouse Oliver Introduction In Rio Grande Foundation; Illinois Opportunity...

Enhancing Prisoners' Rights: Johnson v. Reyna Establishes Robust Interpretation of PLRA's Physical Injury Requirement

Date: Jan 12, 2023

Enhancing Prisoners' Rights: Johnson v. Reyna Establishes Robust Interpretation of PLRA's Physical Injury Requirement Introduction In the landmark case of Jabari J. Johnson v. Reyna, Wargo, Korin,...

Mileto v. Commissioner: Establishing Standards for Evaluating Disability Claims

Date: Dec 24, 2022

Mileto v. Commissioner: Establishing Standards for Evaluating Disability Claims Introduction In the case of Sandra Mileto v. Commissioner, SSA, adjudicated by the United States Court of Appeals for...

Limitation of Standing in FDCPA Actions: Impact of Debt Disclosure via Outside Mailers

Date: Dec 17, 2022

Limitation of Standing in FDCPA Actions: Impact of Debt Disclosure via Outside Mailers Introduction In the case of Elizabeth Shields v. Professional Bureau of Collections of Maryland, Inc. (55 F.4th...

Denial of Certificate of Appealability in Rushing v. Havernek Establishes High Threshold for Habeas Appeals

Date: Dec 1, 2022

Denial of Certificate of Appealability in Rushing v. Havernek Establishes High Threshold for Habeas Appeals Introduction In the case of Thorsten Gunter Rushing v. Kameron Havernek, decided by the...