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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Tenth Circuit Affirms Non-Jurisdictional Nature of Federal Appellate Rules in United States v. Garduño

Tenth Circuit Affirms Non-Jurisdictional Nature of Federal Appellate Rules in United States v. Garduño

Date: Nov 7, 2007
Tenth Circuit Affirms Non-Jurisdictional Nature of Federal Appellate Rules in United States v. Garduño Introduction In United States v. Garduño, 506 F.3d 1287 (10th Cir. 2007), the United States...
Affirmation of Summary Judgment in Civil Rights Suit: Bruner v. Baker et al.

Affirmation of Summary Judgment in Civil Rights Suit: Bruner v. Baker et al.

Date: Oct 31, 2007
Affirmation of Summary Judgment in Civil Rights Suit: Bruner v. Baker et al. Introduction In the case of Bobby R. Bruner, Plaintiff-Appellant, v. Vernon Baker; Johnnie Ford; Mary Hanson; Kim Ashley,...
Impact of Notice of Appeal on Jurisdiction Over Motions to Reconsider Under Rule 58

Impact of Notice of Appeal on Jurisdiction Over Motions to Reconsider Under Rule 58

Date: Oct 31, 2007
Impact of Notice of Appeal on Jurisdiction Over Motions to Reconsider Under Rule 58 Introduction The case Kirk Warren v. American Bankers Insurance of Florida (507 F.3d 1239) adjudicated by the...
Cummings v. Simmons (2007): Tenth Circuit Affirms Death Sentence and Clarifies Standards for Ineffective Assistance Claims under AEDPA

Cummings v. Simmons (2007): Tenth Circuit Affirms Death Sentence and Clarifies Standards for Ineffective Assistance Claims under AEDPA

Date: Oct 31, 2007
Cummings v. Simmons (2007): Tenth Circuit Affirms Death Sentence and Clarifies Standards for Ineffective Assistance Claims under AEDPA Introduction Cummings v. Simmons, 506 F.3d 1211 (10th Cir....
Certification of Wrongful Death Cause of Action for Nonviable Stillborn Fetuses: Tenth Circuit Decision

Certification of Wrongful Death Cause of Action for Nonviable Stillborn Fetuses: Tenth Circuit Decision

Date: Oct 30, 2007
Certification of Wrongful Death Cause of Action for Nonviable Stillborn Fetuses: Tenth Circuit Decision Introduction In the case of Michael Pino and Amy Pino v. United States, the United States Court...
Affirmation of MVRA's Scope to Include Future Lost Income for Deceased Victims: Redd Rock Serawop v. United States

Affirmation of MVRA's Scope to Include Future Lost Income for Deceased Victims: Redd Rock Serawop v. United States

Date: Oct 26, 2007
Affirmation of MVRA's Scope to Include Future Lost Income for Deceased Victims: Redd Rock Serawop v. United States Introduction In the case of Redd Rock Serawop v. United States (505 F.3d 1112, 10th...
Ensuring Comprehensive Evaluation of Mental Impairments in SSI Determinations: Givens v. Astrue

Ensuring Comprehensive Evaluation of Mental Impairments in SSI Determinations: Givens v. Astrue

Date: Oct 19, 2007
Ensuring Comprehensive Evaluation of Mental Impairments in SSI Determinations: Givens v. Astrue Introduction The case of Crystal M. Givens v. Michael J. Astrue, adjudicated by the United States Court...
Interpretation of Enhanced PIP Coverage Requirements under Colorado CAARA: Tenth Circuit Affirms Compliance

Interpretation of Enhanced PIP Coverage Requirements under Colorado CAARA: Tenth Circuit Affirms Compliance

Date: Oct 11, 2007
Interpretation of Enhanced PIP Coverage Requirements under Colorado CAARA: Tenth Circuit Affirms Compliance Introduction The case of Virgil STICKLEY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,...
Asch v. Commissioner of Social Security: Enhancing the Evaluation of Residual Functional Capacity in Disability Claims

Asch v. Commissioner of Social Security: Enhancing the Evaluation of Residual Functional Capacity in Disability Claims

Date: Oct 4, 2007
Flaherty v. Commissioner of Social Security: Affirming the Assessment of Residual Functional Capacity in Disability Determinations Introduction In the case of Victoria Flaherty v. Michael J. Astrue,...
Tenth Circuit Clarifies Intervention Rules in Quiet-Title Cases: Sovereign Immunity and Adequate Representation

Tenth Circuit Clarifies Intervention Rules in Quiet-Title Cases: Sovereign Immunity and Adequate Representation

Date: Oct 3, 2007
Tenth Circuit Clarifies Intervention Rules in Quiet-Title Cases: Sovereign Immunity and Adequate Representation Introduction In the landmark decision of San Juan County, Utah v. United States of...
Reaffirmation of Miranda Standards and Limitations on Sentencing Enhancements: U.S. v. Sierra-Estrada

Reaffirmation of Miranda Standards and Limitations on Sentencing Enhancements: U.S. v. Sierra-Estrada

Date: Oct 2, 2007
Reaffirmation of Miranda Standards and Limitations on Sentencing Enhancements: U.S. v. Sierra-Estrada Introduction The case of United States of America v. Roberto Sierra-Estrada, adjudicated by the...
Application of Turner Framework: Upholding Constitutional Mail Regulations in Jones v. Salt Lake County

Application of Turner Framework: Upholding Constitutional Mail Regulations in Jones v. Salt Lake County

Date: Sep 29, 2007
Application of Turner Framework: Upholding Constitutional Mail Regulations in Jones v. Salt Lake County Introduction Jones v. Salt Lake County, et al. is a pivotal case adjudicated by the United...
United States v. Moran: Tenth Circuit Affirms Felon Firearm Possession Conviction, Establishing Standards for Investigatory Stops and Admission of Prior Convictions

United States v. Moran: Tenth Circuit Affirms Felon Firearm Possession Conviction, Establishing Standards for Investigatory Stops and Admission of Prior Convictions

Date: Sep 26, 2007
United States v. Moran: Tenth Circuit Affirms Felon Firearm Possession Conviction, Establishing Standards for Investigatory Stops and Admission of Prior Convictions Introduction United States v....
Tenth Circuit Affirms Dismissal for Failure to Prosecute in ADA Employment Discrimination Case

Tenth Circuit Affirms Dismissal for Failure to Prosecute in ADA Employment Discrimination Case

Date: Sep 26, 2007
Tenth Circuit Affirms Dismissal for Failure to Prosecute in ADA Employment Discrimination Case Introduction In the case of Lynn Rogers v. Andrus Transportation Services, the United States Court of...
Establishing the Threshold for Imminent and Substantial Endangerment under RCRA: Insights from Burlington Northern Santa Fe Railway Co. v. Charles B. Grant

Establishing the Threshold for Imminent and Substantial Endangerment under RCRA: Insights from Burlington Northern Santa Fe Railway Co. v. Charles B. Grant

Date: Sep 25, 2007
Establishing the Threshold for Imminent and Substantial Endangerment under RCRA: Insights from Burlington Northern Santa Fe Railway Co. v. Charles B. Grant Introduction In the landmark case of...
ICCTA Non-Preemption of State Tort Claims in Railroad Property Maintenance

ICCTA Non-Preemption of State Tort Claims in Railroad Property Maintenance

Date: Sep 25, 2007
ICCTA Non-Preemption of State Tort Claims in Railroad Property Maintenance Introduction In the landmark case of Emerson v. Kansas City Southern Railway Company, the United States Court of Appeals for...
Exhaustion of Administrative Remedies Satisfied When BIA Sua Sponte Considers Unraised Issues

Exhaustion of Administrative Remedies Satisfied When BIA Sua Sponte Considers Unraised Issues

Date: Sep 22, 2007
Exhaustion of Administrative Remedies Satisfied When BIA Sua Sponte Considers Unraised Issues 1. Introduction The case of Tingkos Timoteus Sidabutar and Mona Lisa Sirongo Ringo v. Alberto R....
Transgender Employees Not Protected Under Title VII: Analysis of Etsitty v. Utah Transit Authority

Transgender Employees Not Protected Under Title VII: Analysis of Etsitty v. Utah Transit Authority

Date: Sep 21, 2007
Transgender Employees Not Protected Under Title VII: Analysis of Etsitty v. Utah Transit Authority Introduction Krystal S. Etsitty, a transgender woman and former employee of the Utah Transit...
Affirmation of Summary Judgment in Retaliation Claims under ADA and Kansas Law: Proctor v. UPS

Affirmation of Summary Judgment in Retaliation Claims under ADA and Kansas Law: Proctor v. UPS

Date: Sep 19, 2007
Affirmation of Summary Judgment in Retaliation Claims under ADA and Kansas Law: Proctor v. UPS Introduction The case of John W. Proctor v. United Parcel Service (UPS) presents a significant...
Tenth Circuit Affirms Exhaustion of Administrative Remedies via EEOC Intake Questionnaire under ADA

Tenth Circuit Affirms Exhaustion of Administrative Remedies via EEOC Intake Questionnaire under ADA

Date: Sep 14, 2007
Tenth Circuit Affirms Exhaustion of Administrative Remedies via EEOC Intake Questionnaire under ADA Introduction In the landmark case of Keith Jones v. United Parcel Service, Inc., the United States...
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