10th Circuit Case Commentaries

Revisiting the Sequential Evaluation Process: Bowman v. Astrue

Date: Jan 5, 2008

Revisiting the Sequential Evaluation Process: Bowman v. Astrue Introduction Bowman v. Astrue, 10th Circuit Court of Appeals, 2008, is a pivotal case that scrutinizes the procedural integrity of the...

Affirmation of Qualified Immunity in Excessive Force Claims: Tenth Circuit Upholds Police Use of Deadly Force Standard

Date: Jan 3, 2008

Affirmation of Qualified Immunity in Excessive Force Claims: Tenth Circuit Upholds Police Use of Deadly Force Standard Introduction In the landmark case Estate of Lyle Eugene Larsen v. Randy Murr,...

Exhaustion of Administrative Remedies under the PLRA: Insights from Fields v. Oklahoma State Penitentiary

Date: Dec 29, 2007

Exhaustion of Administrative Remedies under the PLRA: Insights from Fields v. Oklahoma State Penitentiary Introduction Ernie Joe Fields v. Oklahoma State Penitentiary is a notable case adjudicated by...

Reinforcing the Necessity of Protected Property Interests in Due Process Claims: Tenth Circuit Upholds Dismissal in Blacklisting Employment Case

Date: Dec 28, 2007

Reinforcing the Necessity of Protected Property Interests in Due Process Claims: Tenth Circuit Upholds Dismissal in Blacklisting Employment Case Introduction In the landmark case David Teigen and...

Establishing Personal Jurisdiction over Foreign Corporations: Insights from Melea v. Jawer

Date: Dec 27, 2007

Establishing Personal Jurisdiction over Foreign Corporations: Insights from Melea v. Jawer Introduction The case Melea, Limited et al. v. Jawer S.A., et al., decided by the United States Court of...

EAJA Attorney’s Fees Awarded to Prevailing Party and Subject to Administrative Offset: Manning v. Astrue

Date: Dec 21, 2007

EAJA Attorney’s Fees Awarded to Prevailing Party and Subject to Administrative Offset: Manning v. Astrue Introduction In Janet C. Manning v. Michael J. Astrue, the United States Court of Appeals for...

Affirmation of Property Rights: Rejection of Adverse Possession and Prescriptive Easement Claims in Weyerhaeuser Co. v. Brantley

Date: Dec 21, 2007

Affirmation of Property Rights: Rejection of Adverse Possession and Prescriptive Easement Claims in Weyerhaeuser Co. v. Brantley Introduction Weyerhaeuser Company v. Carl Brantley, 510 F.3d 1256...

Williams v. United States: Reinforcing the Integrity of the Speedy Trial Act

Date: Dec 21, 2007

Williams v. United States: Reinforcing the Integrity of the Speedy Trial Act Introduction United States of America, Plaintiff-Appellee, v. Demarco Deon Williams, Defendant-Appellant is a pivotal case...

Withdrawing a Guilty Plea Based on Ineffective Assistance of Counsel: Analysis of United States v. Hamilton

Date: Dec 19, 2007

Withdrawing a Guilty Plea Based on Ineffective Assistance of Counsel: Analysis of United States v. Hamilton Introduction The case of United States of America v. Duane Hamilton, 510 F.3d 1209 (10th...

Affirmation of Within-Guidelines Sentencing Despite Defendant's Health Impairments

Date: Dec 19, 2007

Affirmation of Within-Guidelines Sentencing Despite Defendant's Health Impairments Introduction The case of UNITED STATES of America v. Gary Dewayne McCOMB, Jr. (519 F.3d 1049) adjudicated by the...

First Amendment Does Not Compel Government Bodies to Provide Information: Analysis of Da v. d Earl SHERO

Date: Dec 18, 2007

First Amendment Does Not Compel Government Bodies to Provide Information: Analysis of Da v. d Earl SHERO Introduction The case of Da v. d Earl SHERO (510 F.3d 1196) adjudicated by the United States...

Federal Courts Lack Jurisdiction to Enforce EEOC-Mediated Settlement Agreements Against the Government

Date: Dec 15, 2007

Federal Courts Lack Jurisdiction to Enforce EEOC-Mediated Settlement Agreements Against the Government Introduction The case of Robert Lindstrom v. United States of America (510 F.3d 1191) presents a...

Proper Consideration of Non-Acceptable Medical Sources in Disability Claims: Insights from Frantz v. Astrue

Date: Dec 13, 2007

Proper Consideration of Non-Acceptable Medical Sources in Disability Claims: Insights from Frantz v. Astrue Introduction The case of Diana Crandall Frantz v. Michael J. Astrue, Commissioner of Social...

Ballot Access and Constitutional Rights: Analyzing the Tenth Circuit’s Ruling in Libertarian Party of New Mexico v. Herrera

Date: Dec 12, 2007

Ballot Access and Constitutional Rights: Analyzing the Tenth Circuit’s Ruling in Libertarian Party of New Mexico v. Herrera Introduction Libertarian Party of New Mexico; Siebert Ickler; Michael...

Excessive Force in Misdemeanor Arrests: Casey v. City of Federal Heights

Date: Dec 11, 2007

Excessive Force in Misdemeanor Arrests: Casey v. City of Federal Heights Introduction In Casey v. City of Federal Heights, Edward Casey challenged the actions of law enforcement officers following...

Credibility Determinations in Social Security Disability Claims: Insights from Dee Oldham v. Astrue

Date: Dec 8, 2007

Credibility Determinations in Social Security Disability Claims: Insights from Dee Oldham v. Astrue Introduction The case of Dee Oldham v. Michael J. Astrue, Commissioner of Social Security, decided...

Reinforcing Standards for Extra-Record Evidence in ERISA Disability Claims: Jewell v. Life Insurance Co. of North America

Date: Dec 1, 2007

Reinforcing Standards for Extra-Record Evidence in ERISA Disability Claims: Jewell v. Life Insurance Co. of North America Introduction Lynn Jewell v. Life Insurance Company of North America, 508 F.3d...

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10th Circuit Case Commentaries

Revisiting the Sequential Evaluation Process: Bowman v. Astrue

Affirmation of Qualified Immunity in Excessive Force Claims: Tenth Circuit Upholds Police Use of Deadly Force Standard

Exhaustion of Administrative Remedies under the PLRA: Insights from Fields v. Oklahoma State Penitentiary

Reinforcing the Necessity of Protected Property Interests in Due Process Claims: Tenth Circuit Upholds Dismissal in Blacklisting Employment Case

Establishing Personal Jurisdiction over Foreign Corporations: Insights from Melea v. Jawer

EAJA Attorney’s Fees Awarded to Prevailing Party and Subject to Administrative Offset: Manning v. Astrue

Affirmation of Property Rights: Rejection of Adverse Possession and Prescriptive Easement Claims in Weyerhaeuser Co. v. Brantley

Williams v. United States: Reinforcing the Integrity of the Speedy Trial Act

Withdrawing a Guilty Plea Based on Ineffective Assistance of Counsel: Analysis of United States v. Hamilton

Affirmation of Within-Guidelines Sentencing Despite Defendant's Health Impairments

First Amendment Does Not Compel Government Bodies to Provide Information: Analysis of Da v. d Earl SHERO

Federal Courts Lack Jurisdiction to Enforce EEOC-Mediated Settlement Agreements Against the Government

Proper Consideration of Non-Acceptable Medical Sources in Disability Claims: Insights from Frantz v. Astrue

Ballot Access and Constitutional Rights: Analyzing the Tenth Circuit’s Ruling in Libertarian Party of New Mexico v. Herrera

Excessive Force in Misdemeanor Arrests: Casey v. City of Federal Heights

Credibility Determinations in Social Security Disability Claims: Insights from Dee Oldham v. Astrue

Reinforcing Standards for Extra-Record Evidence in ERISA Disability Claims: Jewell v. Life Insurance Co. of North America

Steadfast Insurance Co. v. Grand River Dam Authority: Eleventh Amendment Immunity for State Agencies Confirmed

Dismissal of Frivolous Appeals Under 42 U.S.C § 1983: Insights from Mar v. Davis

Affirmation of Felonious Firearm Possession Conviction: United States v. Hanrahan