10th Circuit Case Commentaries

Affirming the Boundaries of Reasonable Accommodations under the Rehabilitation Act: The Brown v. Department of Defense Decision

Date: Sep 16, 2021

Affirming the Boundaries of Reasonable Accommodations under the Rehabilitation Act: The Brown v. Department of Defense Decision Introduction In the case of Alfred Brown v. Lloyd J. Austin,...

Admissibility of Rule 404(b) Evidence in Drug Conspiracy Cases: Tennison v. United States

Date: Sep 15, 2021

Admissibility of Rule 404(b) Evidence in Drug Conspiracy Cases: Tennison v. United States Introduction Tennison v. United States is a seminal case adjudicated by the United States Court of Appeals...

Tudor v. Southeastern Oklahoma State University: Landmark Ruling on Transgender Discrimination Under Title VII

Date: Sep 14, 2021

Tudor v. Southeastern Oklahoma State University: Landmark Ruling on Transgender Discrimination Under Title VII Introduction In the seminal case Dr. Rachel Tudor v. Southeastern Oklahoma State...

Clarifying 18 U.S.C. §3288 and the Speedy Trial Act in Reindictment Scenarios: United States v. Koerber

Date: Aug 27, 2021

Clarifying 18 U.S.C. §3288 and the Speedy Trial Act in Reindictment Scenarios: United States v. Koerber Introduction United States v. Koerber, 10 F.4th 1083 (2021), presented a significant legal...

Extrateritorial Application of the Lanham Act: Hetronic International v. Hetronic Germany

Date: Aug 25, 2021

Extrateritorial Application of the Lanham Act: Hetronic International v. Hetronic Germany Introduction In the landmark case of Hetronic International, Inc. v. Hetronic Germany GmbH, the United States...

Substantial Compliance Under Oklahoma Governmental Tort Claims Act: Tenth Circuit Upholds Use of Attorney’s Contact Information

Date: Aug 25, 2021

Substantial Compliance Under Oklahoma Governmental Tort Claims Act: Tenth Circuit Upholds Use of Attorney’s Contact Information Introduction In the case of Chad E. Osterhout v. Board of County...

Establishing Conspiracy through Interdependence and Admissibility of Res Gestae: The Cushing and Hall Case

Date: Aug 25, 2021

Establishing Conspiracy through Interdependence and Admissibility of Res Gestae: The Cushing and Hall Case Introduction In the case of United States of America v. Carl Alvin Cushing and Kris Lee...

Affirmation of Government Speech Doctrine in §1983 Claims: VDARE Foundation v. City of Colorado Springs

Date: Aug 24, 2021

Affirmation of Government Speech Doctrine in §1983 Claims: VDARE Foundation v. City of Colorado Springs Introduction The case of VDARE Foundation, Inc. v. City of Colorado Springs; John Suthers,...

Affirmation of Conviction in Counsel-of-Choice Waiver and Jury Instruction on Willful Blindness: US v. Henson

Date: Aug 20, 2021

Affirmation of Conviction in Counsel-of-Choice Waiver and Jury Instruction on Willful Blindness: United States v. Henson Introduction United States v. Steven R. Henson is a significant case...

10th Circuit Affirms FDCPA Claims: Reasonable Mail Processing Time Essential for Bona Fide Error Defense

Date: Aug 18, 2021

10th Circuit Affirms FDCPA Claims: Reasonable Mail Processing Time Essential for Bona Fide Error Defense Introduction The case of Elizabeth Lupia v. Medicredit, Inc. (8 F.4th 1184) addresses crucial...

Mata-Soto v. United States: Establishing New Standards for Compassionate Release under the First Step Act

Date: Aug 12, 2021

Mata-Soto v. United States: Establishing New Standards for Compassionate Release under the First Step Act Introduction In the landmark case United States of America v. Juan Mata-Soto, adjudicated by...

Affirmation of AEDPA Deference in Sentencing Burden-Shifting: Hawes v. Pacheco

Date: Aug 11, 2021

Affirmation of AEDPA Deference in Sentencing Burden-Shifting: Hawes v. Pacheco Introduction The case of Gregory M. Hawes v. Michael Pacheco, Warden, Wyoming State Penitentiary; Wyoming Attorney...

Tenth Circuit Establishes Clear Precedent on Religious Discrimination and Equal Protection in Correctional Settings

Date: Aug 11, 2021

Tenth Circuit Establishes Clear Precedent on Religious Discrimination and Equal Protection in Correctional Settings Introduction In the landmark case Tajuddin Ashaheed v. Thomas E. Currington,...

Establishment and Free Exercise Violations in Parole Conditions: Janny v. Gamez Establishes New Precedent

Date: Aug 7, 2021

Establishment and Free Exercise Violations in Parole Conditions: Janny v. Gamez Establishes New Precedent Introduction In the landmark case of Mark Janny v. John Gamez, Jim Carmack, Tom Konstanty,...

Affirmation of Denial for Compassionate Release: United States v. Hald, Wesley, and Sands

Date: Aug 7, 2021

Affirmation of Denial for Compassionate Release: United States v. Hald, Wesley, and Sands Introduction In the landmark case of United States v. Hald, Wesley, and Sands, the United States Court of...

Actual Innocence Gateway and Accomplice Liability: Tenth Circuit Upholds Procedural Bars in Capital Murder Cases

Date: Jul 31, 2021

Actual Innocence Gateway and Accomplice Liability: Tenth Circuit Upholds Procedural Bars in Capital Murder Cases Introduction The case of Von Lester Taylor v. Robert Powell, adjudicated in the United...

Affirmation of Denial of Qualified Immunity in First Amendment Retaliation Case: DUDA v. ELDER

Date: Jul 28, 2021

Affirmation of Denial of Qualified Immunity in First Amendment Retaliation Case: DUDA v. ELDER Introduction The case of Keith Duda and Caitlyn Duda v. Bill Elder delves into critical issues...

Ripeness in Regulatory Takings: North Mill Street, LLC v. The City of Aspen

Date: Jul 28, 2021

Ripeness in Regulatory Takings: North Mill Street, LLC v. The City of Aspen Introduction In North Mill Street, LLC v. The City of Aspen; The Aspen City Council, the United States Court of Appeals for...

303 Creative LLC v. Colorado: Affirming Anti-Discrimination and Compelled Speech Under CADA

Date: Jul 27, 2021

303 Creative LLC v. Colorado: Affirming Anti-Discrimination and Compelled Speech Under CADA Introduction In the landmark case of 303 Creative LLC v. Colorado, the United States Court of Appeals for...

Affirmation of Liability Release Validity in Colorado Outdoor Recreation: Hamric v. Wilderness Expeditions

Date: Jul 27, 2021

Affirmation of Liability Release Validity in Colorado Outdoor Recreation: Hamric v. Wilderness Expeditions Introduction In the case of Hamric v. Wilderness Expeditions, Inc., the United States Court...