10th Circuit Case Commentaries

KELLY DANSIE v. UNION PACIFIC RAILROAD CO.: Reinforcing the Employer's Duty in the ADA Interactive Process

Date: Aug 3, 2022

KELLY DANSIE v. UNION PACIFIC RAILROAD CO.: Reinforcing the Employer's Duty in the ADA Interactive Process Introduction The case of Kelly Dansie versus Union Pacific Railroad Company (42 F.4th 1184)...

Establishing Standards for Expert Testimony Reliability Under Daubert: Roe v. FCA

Date: Aug 3, 2022

Establishing Standards for Expert Testimony Reliability Under Daubert: Roe v. FCA Introduction In Roe v. FCA U.S. LLC, the United States Court of Appeals for the Tenth Circuit navigated complex...

Affirmation of Non-Expansion of Bivens Claims: Silva v. United States

Date: Aug 2, 2022

Affirmation of Non-Expansion of Bivens Claims: Silva v. United States Introduction In Anderson Coutinho Silva v. United States of America; Brandon Shaw (45 F.4th 1134, 2022), the United States Court...

Affirmation of Denial to Correct Final Judgment: Clarifying Administrative Closure Under Colorado River Abstention Doctrine

Date: Jul 30, 2022

Affirmation of Denial to Correct Final Judgment: Clarifying Administrative Closure Under Colorado River Abstention Doctrine Introduction The case of Lance Cassino v. JP Morgan Chase Bank National...

Affirmation of Qualified Immunity in First Amendment Retaliation Claims: Frey v. Town of Jackson

Date: Jul 27, 2022

Affirmation of Qualified Immunity in First Amendment Retaliation Claims: Frey v. Town of Jackson Introduction The case of William Frey v. The Town of Jackson, Wyoming examined the boundaries of...

Prosecutorial Immunity and Municipal Liability: Analyzing Chilcoat v. San Juan County

Date: Jul 23, 2022

Prosecutorial Immunity and Municipal Liability: Analyzing Chilcoat v. San Juan County Introduction Rosalie Chilcoat v. San Juan County is a pivotal case adjudicated by the United States Court of...

Establishing First Amendment Rights to Record Police: Irizarry v. Yehia

Date: Jul 12, 2022

Establishing First Amendment Rights to Record Police: Irizarry v. Yehia Introduction In the landmark case of Irizarry v. Yehia, the United States Court of Appeals for the Tenth Circuit addressed...

Affirmation of Presumption of Detention in Child Pornography Cases: United States v. Kroeker

Date: Jul 9, 2022

Affirmation of Presumption of Detention in Child Pornography Cases: United States v. Kroeker Introduction The case of United States of America v. Daniel Kroeker serves as a pivotal decision in the...

Tenth Circuit Sets Precedent on Qualified Immunity in Excessive Force Swatting Cases

Date: Jul 6, 2022

Tenth Circuit Sets Precedent on Qualified Immunity in Excessive Force Swatting Cases Introduction The case of Finch v. Rapp addressed critical issues surrounding the use of force by law enforcement...

Reinforcing Causation and Governmental Immunity Standards: Insights from GeoMetWatch Corp. v. [Defendants]

Date: Jun 30, 2022

Reinforcing Causation and Governmental Immunity Standards: Insights from GeoMetWatch Corp. v. [Defendants] Introduction The case of GeoMetWatch Corp. v. Robert T. Behunin and others, adjudicated in...

Reaffirmed Standards for Lanham Act False Advertising Claims: Tenth Circuit in InterNACHI v. ASHI

Date: Jun 15, 2022

Reaffirmed Standards for Lanham Act False Advertising Claims: Tenth Circuit in InterNACHI v. ASHI Introduction The legal landscape surrounding false advertising under the Lanham Act has been further...

Limitations on Collateral Order Appeals in Ministerial Exception Cases: Gregory Tucker v. Faith Bible Chapel International

Date: Jun 8, 2022

Limitations on Collateral Order Appeals in Ministerial Exception Cases: Gregory Tucker v. Faith Bible Chapel International Introduction The case of Gregory Tucker, Plaintiff-Appellee, v. Faith Bible...

Establishing Limits on Qualified Immunity: Tenth Circuit's Ruling in 'Estate of Tomas Beauford v. Mesa County'

Date: May 26, 2022

Establishing Limits on Qualified Immunity: Tenth Circuit's Ruling in 'Estate of Tomas Beauford v. Mesa County' Introduction The case of Estate of Tomas Beauford; Tiffany Marsh, personally and as...

Affirmation of Qualified Immunity in Prolonged Police Standoff: Arnold v. City of Olathe

Date: May 20, 2022

Affirmation of Qualified Immunity in Prolonged Police Standoff: Arnold v. City of Olathe Introduction In the case of Mark Arnold v. City of Olathe, Kansas et al. (35 F.4th 778, 2022), the United...

Defining Bona Fide Insurance Companies Under IRC § 501(c)(15): Insights from Reserve Mechanical Corp. v. Commissioner

Date: May 14, 2022

Defining Bona Fide Insurance Companies Under IRC § 501(c)(15): Insights from Reserve Mechanical Corp. v. Commissioner Introduction The case of Reserve Mechanical Corp., f/k/a Reserve v. Commissioner...

Enhanced Standards for Use of Force: Wilkins v. City of Tulsa Establishes Critical Precedent

Date: May 4, 2022

Enhanced Standards for Use of Force: Wilkins v. City of Tulsa Establishes Critical Precedent Introduction In the landmark case of Wilkins v. City of Tulsa, the United States Court of Appeals for the...

Tenth Circuit Affirms Qualified Immunity for Correctional Supervisors in §1983 Suicide Prevention Case

Date: May 4, 2022

Tenth Circuit Affirms Qualified Immunity for Correctional Supervisors in §1983 Suicide Prevention Case Introduction The case of Kathy M. George, on behalf of the Estate of Troy Bradshaw,...

Res Judicata in Class Action Settlements: Tenth Circuit Sets New Precedent

Date: May 4, 2022

Res Judicata in Class Action Settlements: Tenth Circuit Sets New Precedent Introduction In the landmark case of Denver Homeless Out Loud v. City of Denver, the United States Court of Appeals for the...

Reaffirming the Repeated Violation Doctrine in §1983 Claims: Herrera v. City of Española

Date: Apr 28, 2022

Reaffirming the Repeated Violation Doctrine in §1983 Claims: Herrera v. City of Española Introduction In Herrera v. City of Española, the United States Court of Appeals for the Tenth Circuit...

Stored Communications Act Requires Actual Damages: A Comprehensive Commentary on Seale v. Peacock

Date: Apr 28, 2022

Stored Communications Act Requires Actual Damages: A Comprehensive Commentary on Seale v. Peacock Introduction Seale v. Peacock, 32 F.4th 1011 (2022), adjudicated by the United States Court of...