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  • Commentaries
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10th Circuit Case Commentaries

Affirmation of Hearsay Exclusion and Cumulative Error Analysis in Drug Trafficking Conspiracy Convictions

Affirmation of Hearsay Exclusion and Cumulative Error Analysis in Drug Trafficking Conspiracy Convictions

Date: Mar 4, 2009
Affirmation of Hearsay Exclusion and Cumulative Error Analysis in Drug Trafficking Conspiracy Convictions Introduction The case of United States v. Jupiter Lamar Rogers, 556 F.3d 1130 (10th Cir....
Standard for Taxing Litigation Costs Reinforced in In re Williams Securities Litigation-WCG Subclass

Standard for Taxing Litigation Costs Reinforced in In re Williams Securities Litigation-WCG Subclass

Date: Mar 4, 2009
Standard for Taxing Litigation Costs Reinforced in In re Williams Securities Litigation-WCG Subclass Introduction The case In re Williams Securities Litigation-WCG Subclass (558 F.3d 1144) serves as...
Affirmation of ALJ's Five-Step Evaluation in SSD Claim Denial: Wall v. Astrue (2009)

Affirmation of ALJ's Five-Step Evaluation in SSD Claim Denial: Wall v. Astrue (2009)

Date: Mar 4, 2009
Affirmation of ALJ's Five-Step Evaluation in SSD Claim Denial: Wall v. Astrue (2009) Introduction The case of Joan Wall v. Michael J. Astrue, Commissioner of Social Security explores the intricacies...
Establishing Expert Testimony Reliability in Criminal Cases: Insights from United States v. Nacchio

Establishing Expert Testimony Reliability in Criminal Cases: Insights from United States v. Nacchio

Date: Feb 26, 2009
Establishing Expert Testimony Reliability in Criminal Cases: Insights from United States v. Nacchio Introduction In the landmark case United States of America v. Joseph P. Nacchio, the United States...
Mail Censorship Regulations and Inmate First Amendment Rights: Insights from STROPE v. COLLINS

Mail Censorship Regulations and Inmate First Amendment Rights: Insights from STROPE v. COLLINS

Date: Feb 26, 2009
Mail Censorship Regulations and Inmate First Amendment Rights: Insights from STROPE v. COLLINS Introduction The case of Michael Lee Strope v. Jim Collins was adjudicated in the United States Court of...
Reaffirmation of Reasonable Suspicion Standards and Application of 18 U.S.C. § 924(c) in Drug-Related Firearm Offenses: United States v. Winder

Reaffirmation of Reasonable Suspicion Standards and Application of 18 U.S.C. § 924(c) in Drug-Related Firearm Offenses: United States v. Winder

Date: Feb 25, 2009
Reaffirmation of Reasonable Suspicion Standards and Application of 18 U.S.C. § 924(c) in Drug-Related Firearm Offenses: United States v. Winder Introduction In the case of United States of America v....
Expanding Personal Jurisdiction over Corporate Officers in Civil Litigation: Analysis of Rusakiewicz and Spera v. Lowe et al.

Expanding Personal Jurisdiction over Corporate Officers in Civil Litigation: Analysis of Rusakiewicz and Spera v. Lowe et al.

Date: Feb 25, 2009
Expanding Personal Jurisdiction over Corporate Officers in Civil Litigation: Analysis of Rusakiewicz and Spera v. Lowe et al. Introduction The case of Ron Rusakiewicz and Paul Spera,...
Restrictive Covenants in Resort Business Practices and Antitrust Implications: Christy Sports, LLC v. Deer Valley Resort Company

Restrictive Covenants in Resort Business Practices and Antitrust Implications: Christy Sports, LLC v. Deer Valley Resort Company

Date: Feb 19, 2009
Restrictive Covenants in Resort Business Practices and Antitrust Implications: Christy Sports, LLC v. Deer Valley Resort Company Introduction The case of Christy Sports, LLC v. Deer Valley Resort...
Clarifying Loss Causation in Securities Fraud Claims: Insights from In re Williams Securities Litigation-WCG Subclass

Clarifying Loss Causation in Securities Fraud Claims: Insights from In re Williams Securities Litigation-WCG Subclass

Date: Feb 19, 2009
Clarifying Loss Causation in Securities Fraud Claims: Insights from In re Williams Securities Litigation-WCG Subclass Introduction In the case of In re Williams Securities Litigation-WCG Subclass,...
Affirmation of Summary Judgment in Retaliation Claims Under Title VII

Affirmation of Summary Judgment in Retaliation Claims Under Title VII

Date: Feb 18, 2009
Affirmation of Summary Judgment in Retaliation Claims Under Title VII Introduction The case Semsroth, Warehime, & Voyles v. City of Wichita, adjudicated by the United States Court of Appeals for the...
Affirmation of Access and Similarity Requirements in Copyright Infringement: La Resolana Architects v. Reno, Inc.

Affirmation of Access and Similarity Requirements in Copyright Infringement: La Resolana Architects v. Reno, Inc.

Date: Feb 18, 2009
Affirmation of Access and Similarity Requirements in Copyright Infringement: La Resolana Architects v. Reno, Inc. Introduction The case of La Resolana Architects, PA v. Reno, Inc. involves a dispute...
Tenth Circuit Reinforces Strict Adherence to Career Offender Guidelines in Sentencing

Tenth Circuit Reinforces Strict Adherence to Career Offender Guidelines in Sentencing

Date: Feb 11, 2009
Tenth Circuit Reinforces Strict Adherence to Career Offender Guidelines in Sentencing Introduction In the case of United States of America v. Charles Dennis Friedman, the United States Court of...
APA's Sovereign Immunity Waiver Applied to Regulatory Claims Against Government: Normandy Apartments Decision

APA's Sovereign Immunity Waiver Applied to Regulatory Claims Against Government: Normandy Apartments Decision

Date: Feb 10, 2009
APA's Sovereign Immunity Waiver Applied to Regulatory Claims Against Government: Normandy Apartments, Ltd. v. U.S. Department of Housing and Urban Development Introduction The case of Normandy...
Park City Municipal Corporation v. Christensen: Establishing Precedent on First Amendment Protections for Street Artists

Park City Municipal Corporation v. Christensen: Establishing Precedent on First Amendment Protections for Street Artists

Date: Feb 7, 2009
Park City Municipal Corporation v. Christensen: Establishing Precedent on First Amendment Protections for Street Artists Introduction In Shaun L. Christensen v. Park City Municipal Corporation, the...
Tenth Circuit Clarifies Standards for Interlocutory Appeals of Class Certification under Rule 23(f)

Tenth Circuit Clarifies Standards for Interlocutory Appeals of Class Certification under Rule 23(f)

Date: Feb 5, 2009
Tenth Circuit Clarifies Standards for Interlocutory Appeals of Class Certification under Rule 23(f) Introduction In Vallario v. Hampton (554 F.3d 1259, 10th Cir. 2009), the United States Court of...
Statute of Limitations for Bivens Actions Initiated Upon Judicial Determination of Probable Cause

Statute of Limitations for Bivens Actions Initiated Upon Judicial Determination of Probable Cause

Date: Feb 4, 2009
Statute of Limitations for Bivens Actions Initiated Upon Judicial Determination of Probable Cause Introduction The case of Adam Fletcher Young v. Joel Davis, Agent/FBI and/or DEA; Randall R. Rieger,...
Affirmation of Summary Judgment in Alpine Bank v. Hubbell: Establishing Limits on Bank Liability in Construction Loans

Affirmation of Summary Judgment in Alpine Bank v. Hubbell: Establishing Limits on Bank Liability in Construction Loans

Date: Jan 31, 2009
Affirmation of Summary Judgment in Alpine Bank v. Hubbell: Establishing Limits on Bank Liability in Construction Loans Introduction The case of Alpine Bank, a Colorado banking corporation,...
Reversal of Summary Judgment in Federal Tort Claims Act Medical Malpractice Case: Gillum v. United States

Reversal of Summary Judgment in Federal Tort Claims Act Medical Malpractice Case: Gillum v. United States

Date: Jan 31, 2009
Reversal of Summary Judgment in Federal Tort Claims Act Medical Malpractice Case: Gillum v. United States Introduction In the case of Kathleen Gillum, Surviving Spouse and Executor of the Estate of...
Reaffirming the Necessity of Lesser-Included Offense Instructions in Capital Cases: Taylor v. Workman

Reaffirming the Necessity of Lesser-Included Offense Instructions in Capital Cases: Taylor v. Workman

Date: Jan 31, 2009
Reaffirming the Necessity of Lesser-Included Offense Instructions in Capital Cases: Taylor v. Workman Introduction In the landmark case Charles Taylor v. Randall G. Workman, the United States Court...
Enforcement of the Merger Doctrine: Tenth Circuit Upholds Dismissal Without Prejudice for Lack of Prosecution in AdvantEdge Business Group v. Mestmaker

Enforcement of the Merger Doctrine: Tenth Circuit Upholds Dismissal Without Prejudice for Lack of Prosecution in AdvantEdge Business Group v. Mestmaker

Date: Jan 23, 2009
Enforcement of the Merger Doctrine: Tenth Circuit Upholds Dismissal Without Prejudice for Lack of Prosecution in AdvantEdge Business Group v. Mestmaker Introduction In the case of AdvantEdge Business...
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