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  • Commentaries
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10th Circuit Case Commentaries

Waiver of Appellate Review for Pro Se Litigants in §1983 Eighth Amendment Claims

Waiver of Appellate Review for Pro Se Litigants in §1983 Eighth Amendment Claims

Date: Nov 5, 2008
Waiver of Appellate Review for Pro Se Litigants in §1983 Eighth Amendment Claims Introduction The case of Jessie D. Duffield v. Michael Jackson, M.D., et al. revolves around Mr. Duffield's...
Requirement of Certificate of Appealability for Successive §2255 Motions Established in United States v. Harper

Requirement of Certificate of Appealability for Successive §2255 Motions Established in United States v. Harper

Date: Nov 1, 2008
Requirement of Certificate of Appealability for Successive §2255 Motions Established in United States v. Harper Introduction In the landmark case of United States v. Harper, 545 F.3d 1230 (10th Cir....
Affirming the Use of Wiretaps and Guideline-Based Sentencing in Conspiracy Cases: Comprehensive Review of United States v. Zapata et al.

Affirming the Use of Wiretaps and Guideline-Based Sentencing in Conspiracy Cases: Comprehensive Review of United States v. Zapata et al.

Date: Nov 1, 2008
Affirming the Use of Wiretaps and Guideline-Based Sentencing in Conspiracy Cases: Comprehensive Review of United States v. Zapata et al. Introduction United States of America v. Arnoldo Zapata et...
Application of Certificate of Appealability Standards under AEDPA in Mar v. Brown

Application of Certificate of Appealability Standards under AEDPA in Mar v. Brown

Date: Oct 31, 2008
Application of Certificate of Appealability Standards under AEDPA in Mar v. Brown Introduction Marvin BROWN v. Robert ULIBARRI, Warden, 298 F. App'x 746 (10th Cir. 2008), addresses the procedural...
Martinez-Barragan v. United States: Affirmation of Illegal Reentry Sentencing

Martinez-Barragan v. United States: Affirmation of Illegal Reentry Sentencing

Date: Oct 22, 2008
Martinez-Barragan v. United States: Affirmation of Illegal Reentry Sentencing Introduction United States of America v. José Martinez-Barragan is a pivotal case adjudicated by the United States Court...
Reversing Qualified Immunity in Excessive Force Claims: Implications for Positional Restraint Practices

Reversing Qualified Immunity in Excessive Force Claims: Implications for Positional Restraint Practices

Date: Oct 22, 2008
Reversing Qualified Immunity in Excessive Force Claims: Implications for Positional Restraint Practices Introduction The case of Glenn Weigel and Da v. d Weigel (544 F.3d 1143) presents a pivotal...
Reinforcement of Strickland Standards in Habeas Corpus: Boyle v. Da

Reinforcement of Strickland Standards in Habeas Corpus: Boyle v. Da

Date: Oct 17, 2008
Reinforcement of Strickland Standards in Habeas Corpus: Boyle v. Da (10th Cir., 2008) Introduction The case of Mark T. Boyle v. Da (544 F.3d 1132) presents a significant examination of the standards...
Establishing Pretext in Age and Sex Discrimination Claims: Analysis of Sanders v. Southwestern Bell Telephone

Establishing Pretext in Age and Sex Discrimination Claims: Analysis of Sanders v. Southwestern Bell Telephone

Date: Oct 16, 2008
Establishing Pretext in Age and Sex Discrimination Claims: Analysis of Sanders v. Southwestern Bell Telephone Introduction The case of Jamie K. Sanders, Denise J. Coffey, and Karie H. Brooks versus...
Impact of § 3582(c) on Sentence Reductions: Analysis of United States v. Gerald Lamont Olden

Impact of § 3582(c) on Sentence Reductions: Analysis of United States v. Gerald Lamont Olden

Date: Oct 16, 2008
Impact of § 3582(c) on Sentence Reductions: Analysis of United States v. Gerald Lamont Olden Introduction United States v. Gerald Lamont Olden is a significant appellate decision issued by the United...
Expansion of False Certification Under the False Claims Act: Conner v. Salina Regional Health Center

Expansion of False Certification Under the False Claims Act: Conner v. Salina Regional Health Center

Date: Oct 3, 2008
Expansion of False Certification Under the False Claims Act: Conner v. Salina Regional Health Center Introduction In Conner v. Salina Regional Health Center, Inc., the United States Court of Appeals...
Title VII Retaliation Protections Extended to Defense Attorneys Participating in EEOC Proceedings

Title VII Retaliation Protections Extended to Defense Attorneys Participating in EEOC Proceedings

Date: Sep 18, 2008
Title VII Retaliation Protections Extended to Defense Attorneys Participating in EEOC Proceedings Introduction In the landmark case Judy K. Kelley v. City of Albuquerque, decided by the United States...
Substantial Compliance in Service of Process Under Oklahoma Law: Tenth Circuit Reverses Default Judgment in HUKILL v. Spirits of Hope

Substantial Compliance in Service of Process Under Oklahoma Law: Tenth Circuit Reverses Default Judgment in HUKILL v. Spirits of Hope

Date: Sep 18, 2008
Substantial Compliance in Service of Process Under Oklahoma Law: Tenth Circuit Reverses Default Judgment in HUKILL v. Spirits of Hope Introduction The case of Sheree L. HUKILL, Plaintiff-Appellee, v....
Qualified Immunity Affirmed in Public Employment Termination: Hesse v. Town of Jackson

Qualified Immunity Affirmed in Public Employment Termination: Hesse v. Town of Jackson

Date: Sep 16, 2008
Qualified Immunity Affirmed in Public Employment Termination: Hesse v. Town of Jackson Introduction Daniel M. Hesse, the plaintiff, served as the town attorney for Jackson, Wyoming, from 1995 to 2005...
Attribution of Entire Conspiracy Drug Quantity to Co-Conspirator Under Sentencing Guidelines Affirmed

Attribution of Entire Conspiracy Drug Quantity to Co-Conspirator Under Sentencing Guidelines Affirmed

Date: Sep 16, 2008
Attribution of Entire Conspiracy Drug Quantity to Co-Conspirator Under Sentencing Guidelines Affirmed Introduction In the case of United States of America v. Shelby Wayne Sells, the United States...
Las Cruces Symbol Upheld as Non-Endorsing under the Establishment Clause

Las Cruces Symbol Upheld as Non-Endorsing under the Establishment Clause

Date: Sep 13, 2008
Las Cruces Symbol Upheld as Non-Endorsing under the Establishment Clause 1. Introduction The case of Weinbaum v. City of Las Cruces addressed significant issues concerning the Establishment Clause of...
Employee Eligibility and "Actively At Work" Standards under ERISA: Insights from Weber v. GE Group Life Assurance Co.

Employee Eligibility and "Actively At Work" Standards under ERISA: Insights from Weber v. GE Group Life Assurance Co.

Date: Sep 13, 2008
Employee Eligibility and "Actively At Work" Standards under ERISA: Insights from Weber v. GE Group Life Assurance Co. Introduction In the landmark case of Weber v. GE Group Life Assurance Company,...
Nonparty Preclusion and Adequate Representation: Tenth Circuit Affirms in Pelt v. Utah

Nonparty Preclusion and Adequate Representation: Tenth Circuit Affirms in Pelt v. Utah

Date: Sep 4, 2008
Nonparty Preclusion and Adequate Representation: Tenth Circuit Affirms in Pelt v. Utah Introduction PELT v. STATE OF UTAH is a significant case adjudicated by the United States Court of Appeals for...
Tenth Circuit Affirms Primary Liability for Consultants under §10(b) and Rule 10b-5

Tenth Circuit Affirms Primary Liability for Consultants under §10(b) and Rule 10b-5

Date: Sep 3, 2008
Tenth Circuit Affirms Primary Liability for Consultants under §10(b) and Rule 10b-5 Introduction In the landmark case of SEC v. Marple, the United States Court of Appeals for the Tenth Circuit...
Affirmation of Denial of Class Certification in Shook v. Board of County Commissioners: Implications for Rule 23(b)(2) Class Actions

Affirmation of Denial of Class Certification in Shook v. Board of County Commissioners: Implications for Rule 23(b)(2) Class Actions

Date: Aug 30, 2008
Affirmation of Denial of Class Certification in Shook v. Board of County Commissioners: Implications for Rule 23(b)(2) Class Actions Introduction In the landmark case of Shook v. Board of County...
Application of Statute of Limitations to Breach of Fiduciary Duty and Unjust Enrichment: The Grynberg v. Total and Shell Decision

Application of Statute of Limitations to Breach of Fiduciary Duty and Unjust Enrichment: The Grynberg v. Total and Shell Decision

Date: Aug 27, 2008
Application of Statute of Limitations to Breach of Fiduciary Duty and Unjust Enrichment: The Grynberg v. Total and Shell Decision Introduction The case of Grynberg v. Total S.A. and Shell Exploration...
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