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  • Commentaries
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10th Circuit Case Commentaries

Broad Interpretation of Title VII Participation Clause in Retaliation Claims: Vaughn v. Epworth Villa

Broad Interpretation of Title VII Participation Clause in Retaliation Claims: Vaughn v. Epworth Villa

Date: Aug 20, 2008
Broad Interpretation of Title VII Participation Clause in Retaliation Claims: Vaughn v. Epworth Villa Introduction The case of Bernadine R. Vaughn v. Epworth Villa (537 F.3d 1147, 10th Cir. 2008)...
Residual Functional Capacity Evaluation Standards in Social Security Disability Cases: Hill v. Astrue

Residual Functional Capacity Evaluation Standards in Social Security Disability Cases: Hill v. Astrue

Date: Aug 13, 2008
Residual Functional Capacity Evaluation Standards in Social Security Disability Cases: Hill v. Astrue Introduction The case of Sharon E. Hill v. Michael J. Astrue, Commissioner of Social Security...
Affirmation of Conspiracy Conviction in Tax Fraud Under 18 U.S.C. § 371 and 26 U.S.C. § 7206(2)

Affirmation of Conspiracy Conviction in Tax Fraud Under 18 U.S.C. § 371 and 26 U.S.C. § 7206(2)

Date: Aug 13, 2008
Affirmation of Conspiracy Conviction in Tax Fraud Under 18 U.S.C. § 371 and 26 U.S.C. § 7206(2) Introduction In the case of United States of America v. Robert N. Bedford (536 F.3d 1148), decided on...
Inadequate Mitigation Preparation Leads to Remand for Evidentiary Hearing: Wilson v. Sirmons

Inadequate Mitigation Preparation Leads to Remand for Evidentiary Hearing: Wilson v. Sirmons

Date: Aug 9, 2008
Inadequate Mitigation Preparation Leads to Remand for Evidentiary Hearing: Wilson v. Sirmons Introduction Parties Involved: Michael Lee Wilson, the petitioner-appellant, a death row inmate at the...
Qualified Immunity Affirmed in Fourth and Fourteenth Amendment Claims in Couture v. Albuquerque Public Schools

Qualified Immunity Affirmed in Fourth and Fourteenth Amendment Claims in Couture v. Albuquerque Public Schools

Date: Aug 8, 2008
Qualified Immunity Affirmed in Fourth and Fourteenth Amendment Claims in Couture v. Albuquerque Public Schools Introduction Couture v. Albuquerque Public Schools is a significant appellate decision...
Qualified Immunity in DUI Arrests: Insights from Vondrak v. City of Las Cruces

Qualified Immunity in DUI Arrests: Insights from Vondrak v. City of Las Cruces

Date: Aug 6, 2008
Qualified Immunity in DUI Arrests: Insights from Vondrak v. City of Las Cruces Introduction The case of John Vondrak v. City of Las Cruces, adjudicated by the United States Court of Appeals for the...
Clarifying Qualified Immunity in Fourth Amendment Arrests: Keylon v. City of Albuquerque

Clarifying Qualified Immunity in Fourth Amendment Arrests: Keylon v. City of Albuquerque

Date: Aug 6, 2008
Clarifying Qualified Immunity in Fourth Amendment Arrests: Keylon v. City of Albuquerque Introduction The case of Bertha Keylon v. City of Albuquerque addresses critical issues pertaining to the...
Ambiguity in Contractual Definitions: Level 3 Communications v. Liebert Corporation

Ambiguity in Contractual Definitions: Level 3 Communications v. Liebert Corporation

Date: Jul 31, 2008
Ambiguity in Contractual Definitions: Level 3 Communications v. Liebert Corporation Introduction The appellate case Level 3 Communications, LLC v. Liebert Corporation, and Stillwell-Hansen, Inc. (535...
Imputing Collective Knowledge in Vehicle Searches: Analysis of United States v. Chavez

Imputing Collective Knowledge in Vehicle Searches: Analysis of United States v. Chavez

Date: Jul 30, 2008
Imputing Collective Knowledge in Vehicle Searches: Analysis of United States v. Chavez Introduction United States of America v. Victor Chavez is a pivotal case decided by the United States Court of...
10th Circuit Reinforces Standards for Supervisory Liability Under §1983 in Post-Conviction DNA Access Claims

10th Circuit Reinforces Standards for Supervisory Liability Under §1983 in Post-Conviction DNA Access Claims

Date: Jul 29, 2008
10th Circuit Reinforces Standards for Supervisory Liability Under §1983 in Post-Conviction DNA Access Claims Introduction In the landmark case of Da v. d Johns BRYSON, adjudicated by the United...
Tenth Circuit Affirms Caraway Conviction: Guidelines on Prior Inconsistent Statements and Impeachment under the Carter Doctrine

Tenth Circuit Affirms Caraway Conviction: Guidelines on Prior Inconsistent Statements and Impeachment under the Carter Doctrine

Date: Jul 29, 2008
Tenth Circuit Affirms Caraway Conviction: Guidelines on Prior Inconsistent Statements and Impeachment under the Carter Doctrine Introduction The case of UNITED STATES of America v. Thomas Guy Caraway...
Clarifying §524(a)(2) Protections: Tenth Circuit Reverses Sanctions in In re Rudy Leslie Paul Case

Clarifying §524(a)(2) Protections: Tenth Circuit Reverses Sanctions in In re Rudy Leslie Paul Case

Date: Jul 29, 2008
Clarifying §524(a)(2) Protections: Tenth Circuit Reverses Sanctions in In re Rudy Leslie Paul Case Introduction The case of In re Rudy Leslie Paul; Carol Christensen Paul, Debtors vs. Tammy Iglehart,...
Custom or Policy Requirement for Municipal Liability Under 42 U.S.C. § 1981: Insights from Carney v. City and County of Denver

Custom or Policy Requirement for Municipal Liability Under 42 U.S.C. § 1981: Insights from Carney v. City and County of Denver

Date: Jul 25, 2008
Custom or Policy Requirement for Municipal Liability Under 42 U.S.C. § 1981: Insights from Carney v. City and County of Denver Introduction Carney v. City and County of Denver (534 F.3d 1269, 10th...
Admissibility of Evidence in Drug Conspiracy Cases: Insights from United States v. Smith

Admissibility of Evidence in Drug Conspiracy Cases: Insights from United States v. Smith

Date: Jul 24, 2008
Admissibility of Evidence in Drug Conspiracy Cases: Insights from United States v. Smith Introduction The case of United States of America v. Tracy M. Smith, adjudicated in the United States Court of...
Reaffirming Prisoner Protections: Deliberate Indifference Under the Eighth Amendment in Howard v. Waide

Reaffirming Prisoner Protections: Deliberate Indifference Under the Eighth Amendment in Howard v. Waide

Date: Jul 24, 2008
Reaffirming Prisoner Protections: Deliberate Indifference Under the Eighth Amendment in Howard v. Waide Introduction Howard v. Waide, decided by the United States Court of Appeals for the Tenth...
Affirming the Discretionary Function Exception under the Federal Tort Claims Act: A Comprehensive Analysis of Garcias v. United States Air Force

Affirming the Discretionary Function Exception under the Federal Tort Claims Act: A Comprehensive Analysis of Garcias v. United States Air Force

Date: Jul 16, 2008
Affirming the Discretionary Function Exception under the Federal Tort Claims Act: A Comprehensive Analysis of Garcias v. United States Air Force Introduction The case of Dennis Dionicio Garcia as...
Clarifying Insider Status in Bankruptcy: Zeiss Meditec AG v. Anstine Establishes Standards for Non-Statutory Insider Classification

Clarifying Insider Status in Bankruptcy: Zeiss Meditec AG v. Anstine Establishes Standards for Non-Statutory Insider Classification

Date: Jul 16, 2008
Clarifying Insider Status in Bankruptcy: Zeiss Meditec AG v. Anstine Establishes Standards for Non-Statutory Insider Classification Introduction The case In re U.S. MEDICAL, INC., Debtor. Glen R....
Affirmation of Miranda Waiver Standards in Impaired Defendants: United States v. Burson

Affirmation of Miranda Waiver Standards in Impaired Defendants: United States v. Burson

Date: Jul 12, 2008
Affirmation of Miranda Waiver Standards in Impaired Defendants: United States v. Burson Introduction In the case of United States of America v. Chase Webb Burson, decided on July 11, 2008, the United...
Preserving Judicial Discretion in Handling Unauthorized Successive §2255 Motions: Analysis of In re Timothy Jay Cline

Preserving Judicial Discretion in Handling Unauthorized Successive §2255 Motions: Analysis of In re Timothy Jay Cline

Date: Jul 10, 2008
Preserving Judicial Discretion in Handling Unauthorized Successive §2255 Motions: Analysis of In re Timothy Jay Cline Introduction In re Timothy Jay Cline, 531 F.3d 1249 (10th Cir. 2008), is a...
Tenth Circuit Sets Precedent on Supersedeas Bond Liability and Prejudgment Interest in Contract Termination Cases

Tenth Circuit Sets Precedent on Supersedeas Bond Liability and Prejudgment Interest in Contract Termination Cases

Date: Jul 9, 2008
Tenth Circuit Sets Precedent on Supersedeas Bond Liability and Prejudgment Interest in Contract Termination Cases Introduction The case of Morrison Knudsen Corporation v. Ground Improvement...
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