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  • Commentaries
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10th Circuit Case Commentaries

Reversing Summary Judgment: Liability for Hostile Work Environment under Title VII and 42 U.S.C. §1981 in Tademy v. Union Pacific

Reversing Summary Judgment: Liability for Hostile Work Environment under Title VII and 42 U.S.C. §1981 in Tademy v. Union Pacific

Date: Apr 2, 2008
Reversing Summary Judgment: Liability for Hostile Work Environment under Title VII and 42 U.S.C. §1981 in Tademy v. Union Pacific Introduction Tademy v. Union Pacific, 614 F.3d 1132 (10th Cir. 2008),...
Concurrent Sentencing and Habeas Corpus: United States v. Eccleston

Concurrent Sentencing and Habeas Corpus: United States v. Eccleston

Date: Apr 1, 2008
Concurrent Sentencing and Habeas Corpus: United States v. Eccleston Introduction United States of America v. Sebastian L. Eccleston, 521 F.3d 1249 (10th Cir. 2008), serves as a pivotal case in the...
Tenth Circuit Clarifies Eleventh Amendment Immunity and Prospective Injunctive Relief in SOTMP Termination Case

Tenth Circuit Clarifies Eleventh Amendment Immunity and Prospective Injunctive Relief in SOTMP Termination Case

Date: Mar 29, 2008
Tenth Circuit Clarifies Eleventh Amendment Immunity and Prospective Injunctive Relief in SOTMP Termination Case Introduction The case of Dale Allen Hunt v. Colorado Department of Corrections reached...
Jurisdictional Clarity in Federal Habeas Corpus Proceedings: The Yellowbear Decision

Jurisdictional Clarity in Federal Habeas Corpus Proceedings: The Yellowbear Decision

Date: Mar 22, 2008
Jurisdictional Clarity in Federal Habeas Corpus Proceedings: The Yellowbear Decision Introduction The case of Andrew John Yellowbear, Jr. v. Wyoming Attorney General presents a pivotal moment in the...
Robbins v. Oklahoma Department of Human Services: Reinforcing the Standards for Qualified Immunity in §1983 Claims

Robbins v. Oklahoma Department of Human Services: Reinforcing the Standards for Qualified Immunity in §1983 Claims

Date: Mar 22, 2008
Robbins v. Oklahoma Department of Human Services: Reinforcing the Standards for Qualified Immunity in §1983 Claims Introduction The case of Robbins v. Oklahoma Department of Human Services presents a...
Defining the Boundaries: Substantive Due Process and §1983 Claims in Government Officials’ Assault — Tenth Circuit Sets Precedent

Defining the Boundaries: Substantive Due Process and §1983 Claims in Government Officials’ Assault — Tenth Circuit Sets Precedent

Date: Mar 19, 2008
Defining the Boundaries: Substantive Due Process and §1983 Claims in Government Officials’ Assault — Tenth Circuit Sets Precedent Introduction The Tenth Circuit Court of Appeals, in the case of Reed...
Sanctions for Unreasonable Multiplication of Proceedings Under 28 U.S.C. § 1927

Sanctions for Unreasonable Multiplication of Proceedings Under 28 U.S.C. § 1927

Date: Mar 18, 2008
Sanctions for Unreasonable Multiplication of Proceedings Under 28 U.S.C. § 1927 Introduction The case of Kameisha Hamilton et al. v. Boise Cascade Express et al. (519 F.3d 1197, 10th Cir. 2008)...
Habecker v. Town of Estes Park: Establishing Limits on Standing in First Amendment Challenges

Habecker v. Town of Estes Park: Establishing Limits on Standing in First Amendment Challenges

Date: Mar 15, 2008
Habecker v. Town of Estes Park: Establishing Limits on Standing in First Amendment Challenges Introduction Habecker v. d HABECKER, Plaintiff-Appellant, (518 F.3d 1217) is a pivotal decision by the...
Navigating First Amendment Challenges to Judicial Conduct: Insights from the Tenth Circuit's Decision in Kansas Judicial Review

Navigating First Amendment Challenges to Judicial Conduct: Insights from the Tenth Circuit's Decision in Kansas Judicial Review

Date: Mar 13, 2008
Navigating First Amendment Challenges to Judicial Conduct: Insights from the Tenth Circuit's Decision in Kansas Judicial Review Introduction The case of Kansas Judicial Review, The Honorable Charles...
Affirmation of Non-Excludable ECPA Evidence and Privacy Expectations in United States v. Perrine

Affirmation of Non-Excludable ECPA Evidence and Privacy Expectations in United States v. Perrine

Date: Mar 12, 2008
Affirmation of Non-Excludable ECPA Evidence and Privacy Expectations in United States v. Perrine Introduction United States of America v. Steven C. Perrine, 518 F.3d 1196 (10th Cir. 2008), is a...
Kilgore v. Colorado: Shifting the Burden of Timeliness in Habeas Corpus Applications

Kilgore v. Colorado: Shifting the Burden of Timeliness in Habeas Corpus Applications

Date: Mar 12, 2008
Kilgore v. Colorado: Shifting the Burden of Timeliness in Habeas Corpus Applications Introduction In the landmark case of Kyle Keith Kilgore v. The Attorney General of the State of Colorado, the...
Affirmation of Perjury Conviction and Sentencing Guidelines Application in United States v. Timmy Brent Olsen

Affirmation of Perjury Conviction and Sentencing Guidelines Application in United States v. Timmy Brent Olsen

Date: Mar 12, 2008
Affirmation of Perjury Conviction and Sentencing Guidelines Application in United States v. Timmy Brent Olsen Introduction United States of America v. Timmy Brent Olsen is a significant appellate...
Clarifying First Amendment Protections Against Political Patronage: Gann v. Rinehart

Clarifying First Amendment Protections Against Political Patronage: Gann v. Rinehart

Date: Mar 12, 2008
Clarifying First Amendment Protections Against Political Patronage: Gann v. Rinehart Introduction Sharee Gann v. Brent Rinehart is a landmark case adjudicated by the United States Court of Appeals...
Exclusive Jurisdiction of the STB Preempts State Law Claims in Industrial Track Disputes

Exclusive Jurisdiction of the STB Preempts State Law Claims in Industrial Track Disputes

Date: Mar 11, 2008
Exclusive Jurisdiction of the STB Preempts State Law Claims in Industrial Track Disputes Introduction In the case of Port City Properties, Inc. d/b/a Hodges Warehouse and Alpine Properties, LLC...
Accrual of Statute of Limitations in §1983 Wrongful Detention Claims: Insights from Mondragón v. Thompson

Accrual of Statute of Limitations in §1983 Wrongful Detention Claims: Insights from Mondragón v. Thompson

Date: Mar 11, 2008
Accrual of Statute of Limitations in §1983 Wrongful Detention Claims: Insights from Mondragón v. Thompson Introduction Christopher Mondragón v. James William Thompson and José Leon Flores is a...
Enhanced Deference to District Court Sentencing Discretion under Gall and Kimbrough: Smart v. United States

Enhanced Deference to District Court Sentencing Discretion under Gall and Kimbrough: Smart v. United States

Date: Mar 5, 2008
Enhanced Deference to District Court Sentencing Discretion under Gall and Kimbrough: Smart v. United States Introduction The case of Plaintiff-Appellant v. Christopher Wayne Smart, 518 F.3d 800 (10th...
Proximate Cause and Expert Witness Immunity: Establishing Liability in Malpractice Appeals – Pace v. Swerdlow

Proximate Cause and Expert Witness Immunity: Establishing Liability in Malpractice Appeals – Pace v. Swerdlow

Date: Mar 5, 2008
Proximate Cause and Expert Witness Immunity: Establishing Liability in Malpractice Appeals – Pace v. Swerdlow Introduction In the landmark case of Pace v. Swerdlow, the United States Court of Appeals...
Work-Product Doctrine and Attorney-Client Privilege Waiver in United States v. Ary

Work-Product Doctrine and Attorney-Client Privilege Waiver in United States v. Ary

Date: Mar 5, 2008
Work-Product Doctrine and Attorney-Client Privilege Waiver in United States v. Ary Introduction United States of America v. Max L. Ary (518 F.3d 775) is a significant case adjudicated by the United...
Mitchell v. United States: New Precedent on Sua Sponte Enforcement of Appellate Timeliness Rules

Mitchell v. United States: New Precedent on Sua Sponte Enforcement of Appellate Timeliness Rules

Date: Mar 1, 2008
Mitchell v. United States: New Precedent on Sua Sponte Enforcement of Appellate Timeliness Rules Introduction United States of America v. Roland Lorenzo Mitchell, 518 F.3d 740 (10th Cir. 2008), marks...
Establishing Standards for Certificate of Appealability under 28 U.S.C. §2254: Insights from Coronado v. Ward

Establishing Standards for Certificate of Appealability under 28 U.S.C. §2254: Insights from Coronado v. Ward

Date: Feb 29, 2008
Establishing Standards for Certificate of Appealability under 28 U.S.C. §2254: Insights from Coronado v. Ward Introduction José Coronado v. Ron Ward, Director; Attorney General of the State of...
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