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  • Commentaries
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10th Circuit Case Commentaries

Limits on Tribal Judicial Enforcement: Tenth Circuit Reaffirms Montana's Jurisdictional Constraints

Limits on Tribal Judicial Enforcement: Tenth Circuit Reaffirms Montana's Jurisdictional Constraints

Date: Jul 19, 2007
Limits on Tribal Judicial Enforcement: Tenth Circuit Reaffirms Montana's Jurisdictional Constraints Introduction In the landmark case of Ste v. MacArthur et al., the United States Court of Appeals...
Balancing Privacy and First Amendment Rights: Tenth Circuit Affirms Dismissal in Alvarado v. KOB-TV

Balancing Privacy and First Amendment Rights: Tenth Circuit Affirms Dismissal in Alvarado v. KOB-TV

Date: Jul 14, 2007
Balancing Privacy and First Amendment Rights: Tenth Circuit Affirms Dismissal in Alvarado v. KOB-TV Introduction The case of Vicente Alvarado, Yvette Alvarado, Steve Flores, Priscilla Flores, Thomas...
Retaliation Protections for Public Employees: Insights from Brammer-Hoelter v. Twin Peaks Charter Academy

Retaliation Protections for Public Employees: Insights from Brammer-Hoelter v. Twin Peaks Charter Academy

Date: Jul 13, 2007
Retaliation Protections for Public Employees: Insights from Brammer-Hoelter v. Twin Peaks Charter Academy Introduction In the landmark case Brammer-Hoelter et al. v. Twin Peaks Charter Academy et...
Younger Abstention and Rooker-Feldman Doctrine in Civil Rights Litigation: Insights from Re v. Edward Allan Buck

Younger Abstention and Rooker-Feldman Doctrine in Civil Rights Litigation: Insights from Re v. Edward Allan Buck

Date: Jul 11, 2007
Younger Abstention and Rooker-Feldman Doctrine in Civil Rights Litigation: Insights from Re v. Edward Allan Buck Introduction The case of Re v. Edward Allan BUCK (244 F. App'x 193) adjudicated by the...
Judicial Review of Arbitration Venue Determination: Insights from The Ridge at Red Hawk v. Schneider

Judicial Review of Arbitration Venue Determination: Insights from The Ridge at Red Hawk v. Schneider

Date: Jul 10, 2007
Judicial Review of Arbitration Venue Determination: Insights from The Ridge at Red Hawk v. Schneider Introduction The Ridge at Red Hawk, L.L.C. (“The Ridge”) appealed the dismissal of its complaint...
Affirmation of Summary Judgment in Swackhammer v. Sprint: Pretext and Differential Treatment under McDonnell Douglas

Affirmation of Summary Judgment in Swackhammer v. Sprint: Pretext and Differential Treatment under McDonnell Douglas

Date: Jul 10, 2007
Affirmation of Summary Judgment in Swackhammer v. Sprint: Pretext and Differential Treatment under McDonnell Douglas Introduction The case of Dena Swackhammer v. Sprint/United Management Co.,...
Judicial Estoppel in Bankruptcy Proceedings: Eastman v. Union Pacific Railroad Co.

Judicial Estoppel in Bankruptcy Proceedings: Eastman v. Union Pacific Railroad Co.

Date: Jul 7, 2007
Judicial Estoppel in Bankruptcy Proceedings: Eastman v. Union Pacific Railroad Co. Introduction In Eastman v. Union Pacific Railroad Co., 493 F.3d 1151 (10th Cir. 2007), the United States Court of...
Qualified Immunity Upholds Use of 'Twist Lock' in Community Caretaking: Novitsky v. City of Aurora Analysis

Qualified Immunity Upholds Use of 'Twist Lock' in Community Caretaking: Novitsky v. City of Aurora Analysis

Date: Jul 6, 2007
Qualified Immunity Upholds Use of 'Twist Lock' in Community Caretaking: Novitsky v. City of Aurora Analysis Introduction In the landmark case of Sergey G. Novitsky v. City of Aurora et al., the...
John Nasious v. Two Unknown ICE Agents: Tenth Circuit Sets Precedent on Dismissing Pro Se Complaints under Rule 8

John Nasious v. Two Unknown ICE Agents: Tenth Circuit Sets Precedent on Dismissing Pro Se Complaints under Rule 8

Date: Jul 4, 2007
John Nasious v. Two Unknown ICE Agents: Tenth Circuit Sets Precedent on Dismissing Pro Se Complaints under Rule 8 Introduction In the landmark case of John Nasious v. Two Unknown ICE Agents, the...
Tenth Circuit Affirms No Duty of Care for Railroad Company in Employee Injury During Crossing Gate Operations

Tenth Circuit Affirms No Duty of Care for Railroad Company in Employee Injury During Crossing Gate Operations

Date: Jul 4, 2007
Tenth Circuit Affirms No Duty of Care for Railroad Company in Employee Injury During Crossing Gate Operations Introduction The case of Da v. d BEUGLER and Diana Beugler, decided by the United States...
Establishing Participant Inclusion Standards under ERISA: Flinders & Brown v. Workforce Stabilization Plan of Phillips Petroleum Company

Establishing Participant Inclusion Standards under ERISA: Flinders & Brown v. Workforce Stabilization Plan of Phillips Petroleum Company

Date: Jul 4, 2007
Establishing Participant Inclusion Standards under ERISA: Flinders & Brown v. Workforce Stabilization Plan of Phillips Petroleum Company Introduction In the landmark case of Flinders & Brown v....
Procedural Objections and Plain Error Review in Sentencing: Insights from United States v. Romero

Procedural Objections and Plain Error Review in Sentencing: Insights from United States v. Romero

Date: Jun 30, 2007
Procedural Objections and Plain Error Review in Sentencing: Insights from United States v. Romero Introduction The case of United States of America, Plaintiff-Appellee, v. Daniel Romero,...
Affirmation of At-Will Employment and ADA Standards in Berry v. T-Mobile USA, Inc.

Affirmation of At-Will Employment and ADA Standards in Berry v. T-Mobile USA, Inc.

Date: Jun 28, 2007
Affirmation of At-Will Employment and ADA Standards in Berry v. T-Mobile USA, Inc. Introduction Barbara Berry, the plaintiff-appellant, was employed by T-Mobile USA, Inc., the defendant-appellee, as...
Procedural Barriers to Habeas Corpus: Insights from Larry Magar v. Parker

Procedural Barriers to Habeas Corpus: Insights from Larry Magar v. Parker

Date: Jun 20, 2007
Procedural Barriers to Habeas Corpus: Insights from Larry Magar v. Parker Introduction The case of Larry Magar v. David Parker, Warden, decided by the United States Court of Appeals for the Tenth...
Affirmation of the DNA Analysis Backlog Elimination Act of 2000: Balancing Privacy and Public Safety

Affirmation of the DNA Analysis Backlog Elimination Act of 2000: Balancing Privacy and Public Safety

Date: Jun 19, 2007
Affirmation of the DNA Analysis Backlog Elimination Act of 2000: Balancing Privacy and Public Safety Introduction In the seminal case of Banks et al. v. United States, the United States Court of...
Tenth Circuit Affirms No Due Process Violation in Discretionary Security Classification Reductions under § 1983

Tenth Circuit Affirms No Due Process Violation in Discretionary Security Classification Reductions under § 1983

Date: Jun 19, 2007
Tenth Circuit Affirms No Due Process Violation in Discretionary Security Classification Reductions under § 1983 Introduction In the case of Rogelio Cardoso v. Sam Calbone et al., decided by the...
Affirmation of Lack of Personal Jurisdiction Over Foreign Insurers Under Worldwide Coverage Clauses

Affirmation of Lack of Personal Jurisdiction Over Foreign Insurers Under Worldwide Coverage Clauses

Date: Jun 13, 2007
Affirmation of Lack of Personal Jurisdiction Over Foreign Insurers Under Worldwide Coverage Clauses Introduction In the case of TH Agriculture Nutrition, LLC v. ACE European Group Limited et al., the...
Probable Cause for DUI Arrests Through Test Refusals: Analysis of Wilder v. Turner

Probable Cause for DUI Arrests Through Test Refusals: Analysis of Wilder v. Turner

Date: Jun 13, 2007
Probable Cause for DUI Arrests Through Test Refusals: Analysis of Wilder v. Turner Introduction The case of John S. Wilder v. Kevin P. Turner serves as a pivotal moment in the interpretation of...
Invalidation of IQ Scores in SSD Disability Determinations: Analysis of Alonzo N. LAX v. Michael J. Astrue

Invalidation of IQ Scores in SSD Disability Determinations: Analysis of Alonzo N. LAX v. Michael J. Astrue

Date: Jun 7, 2007
Invalidation of IQ Scores in SSD Disability Determinations: Analysis of Alonzo N. LAX v. Michael J. Astrue Introduction The case of Alonzo N. LAX v. Michael J. Astrue, decided by the United States...
United States v. Ahidley, Jr.: Establishing Reasonable Payment Schedules Under the MVRA

United States v. Ahidley, Jr.: Establishing Reasonable Payment Schedules Under the MVRA

Date: May 26, 2007
United States v. Ahidley, Jr.: Establishing Reasonable Payment Schedules Under the MVRA Introduction United States v. Gary Raymond Ahidley, Jr., 486 F.3d 1184 (10th Cir. 2007), is a pivotal case that...
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