10th Circuit Case Commentaries

Establishing Legitimate Grounds in Employment Termination: Insights from DePaula v. Easter Seals El Mirador

Date: Jun 13, 2017

Establishing Legitimate Grounds in Employment Termination: Insights from DePaula v. Easter Seals El Mirador Introduction The case John DePaula v. Easter Seals El Mirador (859 F.3d 957) adjudicated by...

10th Circuit Clarifies RICO Standing in Marijuana Preemption: Safe Streets Alliance v. Hickenlooper

Date: Jun 8, 2017

10th Circuit Clarifies RICO Standing in Marijuana Preemption: Safe Streets Alliance v. Hickenlooper Introduction In the case of Safe Streets Alliance; Phyllis Windy Hope Reilly; Michael P. Reilly,...

Affirmation of Summary Judgment in Discrimination and Retaliation Claims: Hiatt v. Colorado Seminary

Date: Jun 3, 2017

Affirmation of Summary Judgment in Discrimination and Retaliation Claims: Hiatt v. Colorado Seminary Introduction In the case of Tawny Hiatt v. Colorado Seminary, the United States Court of Appeals...

Admissibility of Evidence in Threatening Communications Cases: Insights from United States v. Twitty

Date: May 10, 2017

Admissibility of Evidence in Threatening Communications Cases: Insights from United States v. Twitty Introduction United States of America v. Andre J. Twitty is a pivotal case adjudicated by the...

Rigorous Standards for Pain and Credibility Analysis in Disability Insurance Appeals Established by 10th Circuit

Date: Apr 20, 2017

Rigorous Standards for Pain and Credibility Analysis in Disability Insurance Appeals Established by 10th Circuit Introduction The case of Jimmy Brownrigg v. Nancy A. Berryhill represents a...

Deliberate Indifference to Medical Needs Recognized in Rife v. Oklahoma Department of Public Safety

Date: Apr 13, 2017

Deliberate Indifference to Medical Needs Recognized in Rife v. Oklahoma Department of Public Safety Introduction The case of Clyde Allen Rife v. Oklahoma Department of Public Safety (854 F.3d 637,...

Life Without Parole for Juvenile Nonhomicide Offenders Violation Under the Eighth Amendment: Keighton Budder v. Mike Addison

Date: Mar 22, 2017

Life Without Parole for Juvenile Nonhomicide Offenders Violation Under the Eighth Amendment: Keighton Budder v. Mike Addison Introduction Keighton Budder v. Mike Addison, 851 F.3d 1047 (10th Cir....

Colby v. Herrick: Eleventh Amendment Immunity and Statute of Limitations in State Agency Litigation

Date: Mar 2, 2017

Colby v. Herrick: Eleventh Amendment Immunity and Statute of Limitations in State Agency Litigation Introduction Colby v. Herrick, 849 F.3d 1273 (10th Cir. 2017), is a pivotal case that addresses the...

Vallejo v. Berryhill: Strengthening the Limits on Appeals Council’s Evaluation Obligations

Date: Mar 1, 2017

Vallejo v. Berryhill: Strengthening the Limits on Appeals Council’s Evaluation Obligations Introduction The case of Marla Vallejo v. Nancy A. Berryhill, adjudicated by the United States Court of...

FedEx v. Williams: Tenth Circuit Clarifies ADA's Stance on Disability-Related Inquiries and Employer Drug Testing Policies

Date: Feb 25, 2017

FedEx v. Williams: Tenth Circuit Clarifies ADA's Stance on Disability-Related Inquiries and Employer Drug Testing Policies Introduction In the case of Steven R. Williams v. FedEx Corporate Services...

Establishing Standards for In-Court Eyewitness Identification and Violent Force under the Hobbs Act: United States v. Thomas

Date: Feb 25, 2017

Establishing Standards for In-Court Eyewitness Identification and Violent Force under the Hobbs Act: United States v. Thomas Introduction United States v. Thomas, 849 F.3d 906 (10th Cir. 2017), is a...

Affirmation of SSDI Denial: Comprehensive Analysis of Residual Functional Capacity and Impairment Evaluation in Johnson v. Berryhill

Date: Feb 16, 2017

Affirmation of SSDI Denial: Comprehensive Analysis of Residual Functional Capacity and Impairment Evaluation in Johnson v. Berryhill Introduction Johnson v. Berryhill is a significant case...

Single-Enterprise Monopolization and Claim Preclusion: Lenox Maclaren Surgical Corp. v. Medtronic, Inc.

Date: Feb 8, 2017

Single-Enterprise Monopolization and Claim Preclusion: Insights from Lenox Maclaren Surgical Corp. v. Medtronic, Inc. Introduction In the case of Lenox MacLaren Surgical Corporation,...

Affirmation of Random Drug Testing in Safety-Sensitive Public Employment Under Special Needs Doctrine

Date: Feb 7, 2017

Affirmation of Random Drug Testing in Safety-Sensitive Public Employment Under Special Needs Doctrine Introduction In the case of Roberick Washington v. Unified Government of Wyandotte County,...

Affirmation of Qualified Immunity in Officer-Involved Vehicle Stop: Tenth Circuit Sets Precedent for Excessive Force and Negligent Hiring Claims

Date: Feb 7, 2017

Affirmation of Qualified Immunity in Officer-Involved Vehicle Stop: Tenth Circuit Sets Precedent for Excessive Force and Negligent Hiring Claims Introduction The case of Mathew Carabajal, a/k/a...

Affirmation of Summary Judgment in ADAAA and FMLA Claims: DeWitt v. Southwestern Bell Telephone Co.

Date: Jan 19, 2017

Affirmation of Summary Judgment in ADAAA and FMLA Claims: DeWitt v. Southwestern Bell Telephone Co. Introduction In the case of Janna DeWitt v. Southwestern Bell Telephone Company (No. 14–3192, 845...

Tenth Circuit Establishes Clear Delegation of Arbitrability to Arbitrators in Arbitration Agreements

Date: Jan 6, 2017

Tenth Circuit Establishes Clear Delegation of Arbitrability to Arbitrators in Arbitration Agreements Introduction In the landmark case LeGrand P. Belnap, M.D. v. IASIS Healthcare et al., the United...

Enhancing the Treatment of Medical Opinions in Social Security Disability Evaluations: Insights from Winnick v. Colvin

Date: Jan 5, 2017

Enhancing the Treatment of Medical Opinions in Social Security Disability Evaluations: Insights from Winnick v. Colvin Introduction Winnick v. Colvin is a pivotal case adjudicated by the United...

Voluntary Payment of Non-binding Appraisal Award Constitutes Settlement under Oklahoma Insurance Appraisal Law

Date: Jan 5, 2017

Voluntary Payment of Non-binding Appraisal Award Constitutes Settlement under Oklahoma Insurance Appraisal Law Introduction The case of In re: Appointment of Umpire for HAYES FAMILY TRUST versus...

Affirmation of Qualified Immunity in Use of Force and Warrantless Entry: Gutierrez v. Luna County Sheriff

Date: Nov 16, 2016

Affirmation of Qualified Immunity in Use of Force and Warrantless Entry: Gutierrez v. Luna County Sheriff Introduction In the appellate case of Anna Gutierrez and Patsy Flores v. Luna County Sheriff...