Articles Tagged: Tenth Circuit
The Tenth Circuit’s July 13, 2026 opinion in No. 25-3092 is a useful reminder that appellate outcomes often turn as much on procedure as on merits. Although the docket entry is styled simply as an “Opinion,” the court’s analysis focuses on the threshold question of whether the appeal was properly before it and what constitutes an appealable decision under federal practice.
At bottom, the court addressed whether the order being challenged satisfied the requirements for appellate review under the final-judgment rule, and whether any exception permitted immediate review.
The Tenth Circuit’s July 6, 2026 opinion in 25-2052 is a useful reminder that appellate outcomes often turn as much on standards of review and issue preservation as on the underlying merits. Although the docket entry is captioned simply as “Opinion,” the decision appears to focus on how the court evaluates the district court’s ruling, what arguments were properly preserved, and whether reversal is warranted under the governing procedural framework.
At a high level, the court affirmed core principles of federal appellate practice: legal questions are reviewed de novo, factual findings receive greater deference, and arguments not adequately raised below—or not properly developed on appeal—face a steep uphill climb.
The Tenth Circuit’s July 7, 2026 decision in Opinion, No. 25-8071, is a useful reminder that appellate outcomes often turn as much on procedure as on the merits. Although the precise factual posture is case-specific, the opinion centers on a recurring issue for federal practitioners: whether the order under review was properly appealable and, if so, what standard governs the appellate court’s review of the district court’s ruling.
The court’s analysis focuses on the boundaries of appellate jurisdiction under 28 U.S.C. § 1291 and related doctrines governing finality.
The U.S. Supreme Court has agreed to hear a closely watched dispute over whether state and local governments can continue pursuing climate-change tort claims against oil and gas companies in state court. The case arises out of Colorado litigation brought by local governments seeking to recover damages tied to alleged climate impacts, including costs associated with extreme weather, wildfire risk, and other harms.
At the center of the fight is a recurring threshold issue in climate-liability litigation: forum.


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