10th Circuit Case Commentaries

State Sovereignty in Wildlife Management Confirmed: Tenth Circuit Upholds Dismissal in Utah Native Plant Society v. USFS

Date: May 8, 2019

State Sovereignty in Wildlife Management Confirmed: Tenth Circuit Upholds Dismissal in Utah Native Plant Society v. USFS Introduction The case of Utah Native Plant Society; Grand Canyon Trust,...

Reiterating Rule 59(e) Motions: Establishing Finality in Judgments - Analysis of Nelson v. City of Albuquerque

Date: Apr 17, 2019

Reiterating Rule 59(e) Motions: Establishing Finality in Judgments - Analysis of Nelson v. City of Albuquerque Introduction In Tony Nelson v. City of Albuquerque, the United States Court of Appeals...

Tenth Circuit Upholds Counsel Withdrawal, Dismissing Frivolous Appeal in Nevarez-Barela Case

Date: Apr 6, 2019

Tenth Circuit Upholds Counsel Withdrawal, Dismissing Frivolous Appeal in Nevarez-Barela Case Introduction The case of United States of America v. Richard Anthony Nevarez-Barela presents a noteworthy...

Establishing the Limits of Qualified Immunity in Excessive Force Cases: Estate of Ceballos v. Husk

Date: Mar 27, 2019

Establishing the Limits of Qualified Immunity in Excessive Force Cases: Estate of Ceballos v. Husk Introduction The case of Estate of Jaime Ceballos v. William Husk ("Estate of Ceballos") adjudicated...

U.S. v. Walker: Tenth Circuit Upholds Probation Sentence After Remand, Clarifying Resentencing Mandates

Date: Mar 26, 2019

U.S. v. Walker: Tenth Circuit Upholds Probation Sentence After Remand, Clarifying Resentencing Mandates Introduction In the landmark case United States of America v. John Eugene Walker, 918 F.3d 1134...

Enforcement of Forum-Selection Clauses Extends to Equitable Claims: A Comprehensive Analysis of Kelvion v. PetroChina Canada

Date: Mar 16, 2019

Enforcement of Forum-Selection Clauses Extends to Equitable Claims: A Comprehensive Analysis of Kelvion v. PetroChina Canada Introduction The case of KELVION, INC. v. PETROCHINA CANADA LTD. addresses...

Affirmation of Immunity and Standing Limitations in §1983 Challenge to New Mexico's Bail System

Date: Feb 26, 2019

Affirmation of Immunity and Standing Limitations in §1983 Challenge to New Mexico's Bail System Introduction The case of Collins et al. v. New Mexico Defendants (916 F.3d 1302) presented before the...

Affirmation of Procedural Bars and Harmlessness of Prosecutorial Misconduct in Capital Habeas Corpus Cases: Cuesta-Rodriguez v. Carpenter

Date: Feb 23, 2019

Affirmation of Procedural Bars and Harmlessness of Prosecutorial Misconduct in Capital Habeas Corpus Cases: Cuesta-Rodriguez v. Carpenter Introduction The case of Carlos Cuesta-Rodriguez v. Mike...

Tenth Circuit Affirms Equal Protection Violation in Gender-Based Toplessness Ordinance

Date: Feb 16, 2019

Tenth Circuit Affirms Equal Protection Violation in Gender-Based Toplessness Ordinance Introduction In the landmark case Free the Nipple-Fort Collins v. City of Fort Collins, the United States Court...

10th Circuit Defines Eligibility for In Forma Pauperis in §2241 Habeas Petitions

Date: Feb 14, 2019

10th Circuit Defines Eligibility for In Forma Pauperis in §2241 Habeas Petitions Introduction In the case of Charles Al-Pine v. Kendall Richerson, decided by the United States Court of Appeals for...

Tenth Circuit Clarifies Retaliation Claims Under Title VII in Federal Employment: Bekkem v. VA

Date: Feb 13, 2019

Tenth Circuit Clarifies Retaliation Claims Under Title VII in Federal Employment: Bekkem v. VA Introduction In Anupama Bekkem v. Robert Wilkie, Secretary, U.S. Department of Veterans Affairs, 915...

10th Circuit Upholds Qualified Immunity for DWS Director in Substantive Due Process Wage Determination Case

Date: Jan 25, 2019

Qualified Immunity Upheld for DWS Director in Substantive Due Process Claims Introduction In the case of Randy Cummings et al. v. Jason Dean et al., the United States Court of Appeals for the Tenth...

Withdrawal of Appeal in Supervised Release Violation: United States v. Fulton

Date: Jan 19, 2019

Withdrawal of Appeal in Supervised Release Violation: United States v. Fulton Introduction United States of America v. Timothy Fulton is a notable case adjudicated by the United States Court of...

Federal Common Law Trespass on Indian Allotted Land: ENABLE Midstream Partners v. Allottees

Date: Jan 11, 2019

Federal Common Law Trespass on Indian Allotted Land: ENABLE Midstream Partners v. Allottees Introduction In the case of Marcia W. Davilla et al. v. ENABLE Midstream Partners L.P. et al., the United...

Tenth Circuit Upholds Qualified Immunity for Child Abuse Investigations Without Clearly Established Law

Date: Jan 4, 2019

Tenth Circuit Upholds Qualified Immunity for Child Abuse Investigations Without Clearly Established Law Introduction The case of Jane Doe; I.B., Plaintiffs - Appellants v. April Woodard addresses...

Affirmation of AEDPA Deference in Death Penalty Appeals: Simpson v. Carpenter

Date: Dec 28, 2018

Affirmation of AEDPA Deference in Death Penalty Appeals: Simpson v. Carpenter Introduction Kendrick Antonio Simpson v. Mike Carpenter, 912 F.3d 542 (10th Cir. 2018), is a pivotal case reaffirming the...

Affirmation of Dismissal for Failure to Diligently Prosecute in Civil Rights Litigation: Insights from Faircloth v. Various Defendants

Date: Dec 27, 2018

Affirmation of Dismissal for Failure to Diligently Prosecute in Civil Rights Litigation: Insights from Faircloth v. Various Defendants Introduction In the case of James Arthur Faircloth, Plaintiff -...

Strict Appellate Notice Requirements in Motion Denials: Husky Ventures v. B55 Investments Establishes Firm Jurisdictional Standards

Date: Dec 19, 2018

Strict Appellate Notice Requirements in Motion Denials: Husky Ventures v. B55 Investments Establishes Firm Jurisdictional Standards Introduction The case of Husky Ventures, Inc. v. B55 Investments,...

Reining in Concurrent Federal Litigation: Tenth Circuit's Ruling on the First-to-File Rule and Arbitrability

Date: Dec 11, 2018

Reining in Concurrent Federal Litigation: Tenth Circuit's Ruling on the First-to-File Rule and Arbitrability Introduction In the appellate case Wakaya Perfection, LLC v. Youngevity International,...

Affirmation of Habeas Denial in Tremeane Wood v. Mike Carpenter: Upholding AEDPA Standards and Strickland Framework

Date: Nov 2, 2018

Affirmation of Habeas Denial in Tremeane Wood v. Mike Carpenter: Upholding AEDPA Standards and Strickland Framework Introduction The case of Tremeane Wood vs. Mike Carpenter, Interim Warden of the...