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  • Commentaries
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10th Circuit Case Commentaries

Balancing Reasonableness and Equitable Relief in Advancement of Legal Fees: The Westar Energy v. Douglas T. Lake Decision

Balancing Reasonableness and Equitable Relief in Advancement of Legal Fees: The Westar Energy v. Douglas T. Lake Decision

Date: Jan 22, 2009
Balancing Reasonableness and Equitable Relief in Advancement of Legal Fees: The Westar Energy v. Douglas T. Lake Decision Introduction The case of Westar Energy, Inc. v. Douglas T. Lake, decided by...
Enhanced Standards for Mandatory Preliminary Injunctions in Real Property Disputes: RoDa Drilling Co. v. Siegal

Enhanced Standards for Mandatory Preliminary Injunctions in Real Property Disputes: RoDa Drilling Co. v. Siegal

Date: Jan 21, 2009
Enhanced Standards for Mandatory Preliminary Injunctions in Real Property Disputes: RoDa Drilling Co. v. Siegal Introduction The case of RodA Drilling Company; Roda, LLC; Roland Arnall; Dawn Arnall;...
Affirmation of Summary Judgment in Title VII Retaliation Claim: Sunderman v. Westar Energy

Affirmation of Summary Judgment in Title VII Retaliation Claim: Sunderman v. Westar Energy

Date: Jan 15, 2009
Affirmation of Summary Judgment in Title VII Retaliation Claim: Sunderman v. Westar Energy Introduction The case of Derek Sunderman v. Westar Energy, Inc. presents a significant examination of...
WHITINGTON v. ORTIZ: Establishing Eighth Amendment Protections Against Denial of Inmate Hygiene Items

WHITINGTON v. ORTIZ: Establishing Eighth Amendment Protections Against Denial of Inmate Hygiene Items

Date: Jan 14, 2009
WHITINGTON v. ORTIZ: Establishing Eighth Amendment Protections Against Denial of Inmate Hygiene Items Introduction In the landmark case of Michael Whitington v. Joe Ortiz, decided by the United...
Expanding the Younger Doctrine: Tenth Circuit Distinguishes Coercive vs. Remedial Proceedings in Medicaid §1983 Action

Expanding the Younger Doctrine: Tenth Circuit Distinguishes Coercive vs. Remedial Proceedings in Medicaid §1983 Action

Date: Jan 14, 2009
Expanding the Younger Doctrine: Tenth Circuit Distinguishes Coercive vs. Remedial Proceedings in Medicaid §1983 Action Introduction The case of Dena K. Brown v. Robert M. Day represents a significant...
Establishing Reasonable Suspicion and Public Safety Exceptions in Law Enforcement: United States v. DeJear

Establishing Reasonable Suspicion and Public Safety Exceptions in Law Enforcement: United States v. DeJear

Date: Jan 10, 2009
Establishing Reasonable Suspicion and Public Safety Exceptions in Law Enforcement: United States v. DeJear Introduction In the case United States v. Jason A. DeJear, 552 F.3d 1196 (10th Cir. 2009),...
Establishing the Intrinsic Nature of Conspiracies Under Rule 404(b): United States v. Parker

Establishing the Intrinsic Nature of Conspiracies Under Rule 404(b): United States v. Parker

Date: Jan 10, 2009
Establishing the Intrinsic Nature of Conspiracies Under Rule 404(b): United States v. Parker Introduction In United States v. Parker (553 F.3d 1309, 10th Cir. 2009), the United States Court of...
Qualified Immunity Upheld in Public Employer's Termination of Employee for Unauthorized Disclosure of Investigation Details

Qualified Immunity Upheld in Public Employer's Termination of Employee for Unauthorized Disclosure of Investigation Details

Date: Jan 9, 2009
Qualified Immunity Upheld in Public Employer's Termination of Employee for Unauthorized Disclosure of Investigation Details Introduction In Rajeanna Dixon v. Cathy Kirkpatrick, the United States...
Clarifying AKE v. OKLAHOMA: Tenth Circuit Upholds Counsel's Discretion in Requesting Psychiatric Experts

Clarifying AKE v. OKLAHOMA: Tenth Circuit Upholds Counsel's Discretion in Requesting Psychiatric Experts

Date: Dec 31, 2008
Clarifying AKE v. OKLAHOMA: Tenth Circuit Upholds Counsel's Discretion in Requesting Psychiatric Experts Introduction In the landmark case of Richard Tandy Smith v. Randall G. Workman, the United...
Affirmation of SSDI Denial in Cowan v. Astrue: Standards for Mental Impairment Evaluation

Affirmation of SSDI Denial in Cowan v. Astrue: Standards for Mental Impairment Evaluation

Date: Dec 25, 2008
Affirmation of SSDI Denial in Cowan v. Astrue: Standards for Mental Impairment Evaluation Introduction Cowan v. Astrue is a significant appellate decision from the United States Court of Appeals for...
10th Circuit Establishes Strict Sanctions and Filing Limitations for Frivolous Tax Protester Appeals

10th Circuit Establishes Strict Sanctions and Filing Limitations for Frivolous Tax Protester Appeals

Date: Dec 20, 2008
10th Circuit Establishes Strict Sanctions and Filing Limitations for Frivolous Tax Protester Appeals Introduction In the case of H. Clark Ford III v. Michael J. Pryor, IRS Agent, the United States...
Tenth Circuit Rules Oklahoma's Ban on Non-Resident Petition Circulators Violates First Amendment

Tenth Circuit Rules Oklahoma's Ban on Non-Resident Petition Circulators Violates First Amendment

Date: Dec 19, 2008
Tenth Circuit Rules Oklahoma's Ban on Non-Resident Petition Circulators Violates First Amendment Introduction In the landmark case Yes on Term Limits, Inc. v. Savage, the United States Court of...
United States v. Hinckley: Tenth Circuit Affirms SORNA's Comprehensive Application to Sex Offenders

United States v. Hinckley: Tenth Circuit Affirms SORNA's Comprehensive Application to Sex Offenders

Date: Dec 10, 2008
United States v. Hinckley: Tenth Circuit Affirms SORNA's Comprehensive Application to Sex Offenders Introduction In United States v. Shawn Lloyd Hinckley, the United States Court of Appeals for the...
Establishing Supervisor Liability under Section 1983: Gonzales Case Analysis

Establishing Supervisor Liability under Section 1983: Gonzales Case Analysis

Date: Dec 10, 2008
Establishing Supervisor Liability under Section 1983: Gonzales Case Analysis Introduction In the landmark case of Lynn BUCK; Alma Rosa Silva-Banuelos; Denis Doyon; Lucy Gilster (by her next friend,...
Rhodes v. United States: Limits on Sentence Modification Under Amended Guidelines

Rhodes v. United States: Limits on Sentence Modification Under Amended Guidelines

Date: Dec 6, 2008
Rhodes v. United States: Limits on Sentence Modification Under Amended Guidelines Introduction In United States of America v. Theomas Rhodes, 549 F.3d 833 (10th Cir. 2008), the United States Court of...
Clarifying Causation in Accidental Death and Dismemberment Claims under ERISA: Kellogg v. MetLife

Clarifying Causation in Accidental Death and Dismemberment Claims under ERISA: Kellogg v. MetLife

Date: Dec 5, 2008
Clarifying Causation in Accidental Death and Dismemberment Claims under ERISA: Kellogg v. MetLife Introduction In the landmark case of Cherilyn Kellogg v. Metropolitan Life Insurance Co., the United...
Protected First Amendment Speech by Public Employees Beyond Official Duties: The Ira Thomas v. City of Blanchard Decision

Protected First Amendment Speech by Public Employees Beyond Official Duties: The Ira Thomas v. City of Blanchard Decision

Date: Dec 4, 2008
Protected First Amendment Speech by Public Employees Beyond Official Duties: The Ira Thomas v. City of Blanchard Decision Introduction In the landmark case of Ira Thomas v. City of Blanchard, the...
Affirmation of Defendants in FCA Suit: Government Knowledge Inference and Qualified Immunity

Affirmation of Defendants in FCA Suit: Government Knowledge Inference and Qualified Immunity

Date: Nov 29, 2008
Affirmation of Defendants in FCA Suit: Government Knowledge Inference and Qualified Immunity Introduction The case of United States ex rel. Edward J. Burlbaw and Donald D. Bustamante v. J. Michael...
Affirmation of Tribal Sovereign Immunity in Commercial Enterprises: NATIVE AMERICAN DISTRIBUTING v. SENECA-CAYUGA Tobacco Company

Affirmation of Tribal Sovereign Immunity in Commercial Enterprises: NATIVE AMERICAN DISTRIBUTING v. SENECA-CAYUGA Tobacco Company

Date: Nov 18, 2008
Affirmation of Tribal Sovereign Immunity in Commercial Enterprises Introduction Native American Distributing, a division of Flat Creek Cattle Co., Inc., a Missouri corporation; John Dilliner, an...
Enhancing Sentencing in Alien Smuggling Cases: Insights from Alapizco-Valenzuela v. United States

Enhancing Sentencing in Alien Smuggling Cases: Insights from Alapizco-Valenzuela v. United States

Date: Nov 13, 2008
Enhancing Sentencing in Alien Smuggling Cases: Insights from Alapizco-Valenzuela v. United States Introduction The case of UNITED STATES of America v. Ramiro Alapizco-Valenzuela (546 F.3d 1208)...
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