10th Circuit Case Commentaries

Application of AEDPA’s Statute of Limitations and Equitable Tolling in Denial of Certificate of Appealability: An Analysis of Donald v. Pruitt

Date: Apr 20, 2021

Application of AEDPA’s Statute of Limitations and Equitable Tolling in Denial of Certificate of Appealability: An Analysis of Donald v. Pruitt Introduction The case of Laron Antonio Donald v. Sean...

Goldgroup Resources v. DynaResource: Establishing the Boundaries of Arbitration Waiver under U.S. and International Law

Date: Apr 17, 2021

Goldgroup Resources v. DynaResource: Establishing the Boundaries of Arbitration Waiver under U.S. and International Law Introduction The case of Goldgroup Resources, Inc. v. DynaResource de Mexico,...

Tenth Circuit Sets New Precedent on 'Extraordinary and Compelling Reasons' for Compassionate Release: United States v. Carr

Date: Apr 15, 2021

Tenth Circuit Sets New Precedent on 'Extraordinary and Compelling Reasons' for Compassionate Release: United States v. Carr Introduction The case of United States of America v. Heather Carr,...

Reaffirming Community-Caretaking: United States v. Trujillo and Its Impact on Vehicle Impoundment Policies

Date: Apr 7, 2021

Reaffirming Community-Caretaking: United States v. Trujillo and Its Impact on Vehicle Impoundment Policies Introduction The case of United States of America v. Gabriel Trujillo, adjudicated by the...

Marcantel v. Saltmans: Tenth Circuit Affirms Duty to Disclose Known Sewer Easement in Utah Real Estate Sales

Date: Apr 7, 2021

Marcantel v. Saltmans: Tenth Circuit Affirms Duty to Disclose Known Sewer Easement in Utah Real Estate Sales Introduction In the case of Marcantel v. Saltmans, decided by the United States Court of...

Tenth Circuit Clarifies Exclusionary Conduct Standards for Sherman Act Monopolization Claims

Date: Apr 6, 2021

Tenth Circuit Clarifies Exclusionary Conduct Standards for Sherman Act Monopolization Claims Introduction In the case of New Mexico Oncology and Hematology Consultants, Ltd. v. Presbyterian...

Precedent on Asylum Claims Based on Immediate Family Membership: Orellana-Recinos v. Garland

Date: Apr 6, 2021

Precedent on Asylum Claims Based on Immediate Family Membership: Orellana-Recinos v. Garland Introduction In the case of Ana Ruth Orellana-Recinos; Kevin Amilcar Rosales-Orellana v. Merrick B....

Expanding Judicial Discretion: Tenth Circuit Affirms Compassionate Release under the First Step Act in United States v. Maumau

Date: Apr 2, 2021

Expanding Judicial Discretion: Tenth Circuit Affirms Compassionate Release under the First Step Act in United States v. Maumau Introduction The decision in United States of America v. Kepa Maumau,...

10th Circuit Affirms Dismissal of Constitutional Claims Against Telecommunications Regulations Under the Telecommunications Act of 1996

Date: Mar 31, 2021

10th Circuit Affirms Dismissal of Constitutional Claims Against Telecommunications Regulations Under the Telecommunications Act of 1996 Introduction In the case of SANTA FE ALLIANCE FOR PUBLIC HEALTH...

Affirmation of Summary Judgment in Racial Discrimination Claims: Bacy v. Chickasaw Nation Industries

Date: Mar 31, 2021

Affirmation of Summary Judgment in Racial Discrimination Claims: Bacy v. Chickasaw Nation Industries Introduction The case of Treva Bacy v. Chickasaw Nation Industries, Inc. presents a critical...

District Courts' Discretion in Sentence Reduction under §3582(c)(1)(A): United States v. McGee Commentary

Date: Mar 30, 2021

District Courts' Discretion in Sentence Reduction under §3582(c)(1)(A): United States v. McGee Commentary Introduction The case of United States of America v. Malcom Dero McGee serves as a pivotal...

Tenth Circuit Sets Precedent on Rule 41(a)(2) Dismissals and Appellate Standing for Nonparty Attorneys

Date: Mar 30, 2021

Tenth Circuit Sets Precedent on Rule 41(a)(2) Dismissals and Appellate Standing for Nonparty Attorneys Introduction In the case of Duncan Frank, on behalf of himself and all others similarly...

Tenth Circuit Clarifies Qualified Immunity Bound to Clearly Established First Amendment Rights in Police Recording

Date: Mar 30, 2021

Qualified Immunity and the First Amendment Right to Record Police: A Comprehensive Analysis Introduction In the landmark case of Levi Frasier v. Denver Police Officers (992 F.3d 1003, 10th Cir....

Limitations on the Retroactive Application of Janus v. AFSCME: Insights from Brett Hendrickson v. AFSCME Council 18

Date: Mar 27, 2021

Limitations on the Retroactive Application of Janus v. AFSCME: Insights from Brett Hendrickson v. AFSCME Council 18 Introduction The case Brett Hendrickson v. AFSCME Council 18 addresses the...

Establishing the Limits of Qualified Immunity in Post-Apprehension Excessive Force: Vette v. Sanders

Date: Mar 6, 2021

Establishing the Limits of Qualified Immunity in Post-Apprehension Excessive Force: Vette v. Sanders Introduction Eric Tyler Vette v. K-9 Unit Deputy Sanders and Sergeant Gustin is a landmark case...

Qualified Immunity Differentiated for Medical Personnel in Jail Custody: Tenth Circuit's Decision in Estate of Jensen v. Jensen

Date: Mar 3, 2021

Qualified Immunity Differentiated for Medical Personnel in Jail Custody: Tenth Circuit's Decision in Estate of Jensen v. Jensen Introduction The case of Estate of Madison Jody Jensen v. Jared Jensen...

Reversal of Preliminary Injunction on Navigable Waters Protection Rule: Implications for 'Waters of the United States' under the Clean Water Act

Date: Mar 3, 2021

Reversal of Preliminary Injunction on Navigable Waters Protection Rule: Implications for 'Waters of the United States' under the Clean Water Act Introduction The case of State of Colorado v. U.S....

Ronald Throupe v. University of Denver: Upholding Summary Judgment Standards in Title IX Sex Discrimination Litigation

Date: Feb 27, 2021

Ronald Throupe v. University of Denver: Upholding Summary Judgment Standards in Title IX Sex Discrimination Litigation Introduction In the case of Ronald L. Throupe, Plaintiff - Appellant, v....

Affirmation of Knowledge Requirements in § 922(g) Firearm Possession Cases: Analysis of United States v. Ronald Benton

Date: Feb 24, 2021

Affirmation of Knowledge Requirements in § 922(g) Firearm Possession Cases: Analysis of United States v. Ronald Benton Introduction The case of United States of America v. Ronald Benton, 988 F.3d...

Interpretation of "Active, Full-Time Employee" in ERISA Plans: Carlile v. Reliance Standard Life Insurance Co.

Date: Feb 23, 2021

Interpretation of "Active, Full-Time Employee" in ERISA Plans: Carlile v. Reliance Standard Life Insurance Co. Introduction The case of David G. Carlile versus Reliance Standard Life Insurance...