Natural Gas Act Field-Preempts State Consumer-Protection Claims That Directly Target Interstate Wholesale Gas Sales (Even If Framed as Retail Harm) 1. Introduction Case: Mehl v. BP Energy Company...
Unincorporated Associations Are “Persons” Suable Under VRA § 11(b) and 42 U.S.C. § 1985(3) in the Tenth Circuit 1. Introduction Case: Colorado Montana Wyoming State Area Conference v. Smith Court:...
Nakagaki v. Aspen Valley Hospital: Leave to Amend Properly Denied When No Proposed Amended Complaint Is Filed and Appellate Review Fails Where Appellant Does Not Attack the Rule 8 Basis for Dismissal...
Bankruptcy Appeals May Be Dismissed for Failure to File a Rule-Compliant Appendix; Ehrenhaus Factors Not Required Absent Sanctionable Misconduct I. Introduction In Biondolillo v. Burke (10th Cir....
Johnson v. Regional Supplemental Services: On a Rule 12(b)(6) Motion, Courts May Not Replace the Complaint’s Alleged FMCSA “Refusal-to-Test” Basis with a Defendant’s New Theory 1) Introduction In...
Charley v. United States: Case-Ending Exclusion of a Required Causation Expert for Deposition-Order Violations Need Not Follow a Mechanical Ehrenhaus Checklist 1. Introduction In Charley v. United...
Federal Tax Liens May Attach to a Taxpayer’s Beneficial Interest Created by a Utah Resulting Trust Despite LLC Legal Title 1. Introduction In RC Smithfield, LLC v. United States (10th Cir. July 6,...
Qualified Immunity for Brief Prone Restraint During Active Handcuffing: Weigel/Booker/Teetz Not “On Point” Where Force Is Used Only to Complete Restraint I. Introduction In Estate of Kevin Dizmang v....
EAJA Fees After New-Evidence Remands: No “Prevailing Party” Status Absent Agency Error, and Substantial Justification May Exist on a Sparse Administrative Record 1. Introduction In Savelkoul v....
§ 3553(a)(6) Sentencing-Disparity Claims Require Comparator Evidence to Rebut the Presumption of Reasonableness for Within-Guidelines Sentences 1. Introduction In United States v. Pantoja-Hernandez...
Unincorporated Associations Are Suable “Persons” Under § 1985(3) and VRA § 11(b): Lippoldt Limited to § 1983 Introduction Case: Colorado Montana Wyoming State v. Smith (10th Cir. July 6, 2026)....
Rule 41(b) Dismissal Without Prejudice for Violating Service-Compliance Orders—No Heightened Ehrenhaus Review Absent a Developed “Practical With-Prejudice” Showing I. Introduction In Bolongia v....
Tenth Circuit: Leave to Amend May Be Denied as Futile Where Proposed Pleading Remains Time-Barred, Rule 8 Deficient, or Legally Defective—Even After an Earlier Rule 8 Strike 1. Introduction In Moyer...
McCoy Structural Error Requires a Contemporaneous, Express Objection to Counsel’s Guilt Concession (and Mitigation-Concession Does Not Trigger Cronic) Case: United States v. Sago (10th Cir. July 1,...
Interstate-Wire Element in PPP Wire-Fraud Cases May Be Proven Through SBA Lender-Fee Payment Routing and Foreseeable “Forces Set in Motion” Case: United States v. Lacona (10th Cir. July 1, 2026)...
Plausible Allegations of Property Ownership Satisfy Article III Standing in Conversion Suits; Merits Disputes Cannot Be Recast as Jurisdictional Defects Case: Diamond G Rodeos v. Gifford (10th Cir....
United States v. Arvay: “Knowingly Conducted a Gambling Business” Instruction Satisfies § 1955 Mens Rea (O’Brien) Without Separate “Participation in Gambling” Language Court: U.S. Court of Appeals...
“Good to Go” + Return of Documents Marks the Rodriguez Moment and Converts Post-Stop Questioning into a Consensual Encounter (10th Cir.) I. Introduction In United States v. Rodriguez (10th Cir. June...
Tenth Circuit: 8 U.S.C. § 1225(b)(2)(A) Mandatory Detention Is Border-Limited; Interior Unadmitted Noncitizens Fall Under § 1226(a) and Are Bond-Eligible Introduction Quiroz v. Mullin is a published...
Tenth Circuit: Adult-Pornography Bans on Supervised Release Require Evidence-Based Nexus and Narrow Tailoring Beyond “Online Age-Confusion” Introduction In United States v. Caraballo (10th Cir. June...