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  • Commentaries
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10th Circuit Case Commentaries

Personal Jurisdiction Limits in §1983 Claims: Trujillo v. Williams Establishes Critical Boundaries

Personal Jurisdiction Limits in §1983 Claims: Trujillo v. Williams Establishes Critical Boundaries

Date: Oct 18, 2006
Personal Jurisdiction Limits in §1983 Claims: Trujillo v. Williams Establishes Critical Boundaries Introduction Jesse Trujillo v. Joe Williams et al., 465 F.3d 1210 (10th Cir. 2006), presents a...
Voluntariness of Subsequent Statements Following Miranda Violations and Sentencing Guidelines Departures in Pettigrew v. United States

Voluntariness of Subsequent Statements Following Miranda Violations and Sentencing Guidelines Departures in Pettigrew v. United States

Date: Oct 13, 2006
Voluntariness of Subsequent Statements Following Miranda Violations and Sentencing Guidelines Departures in Pettigrew v. United States Introduction United States of America v. David Pettigrew, 468...
Statute of Limitations in Employment Discrimination: Tenth Circuit Affirms Dismissal in Brown v. Unified School District 501

Statute of Limitations in Employment Discrimination: Tenth Circuit Affirms Dismissal in Brown v. Unified School District 501

Date: Oct 13, 2006
Statute of Limitations in Employment Discrimination: Tenth Circuit Affirms Dismissal in Brown v. Unified School District 501 Introduction The case of Mark E. Brown v. Unified School District 501,...
Limits on Successive §2255 Motions Established in United States v. Nelson

Limits on Successive §2255 Motions Established in United States v. Nelson

Date: Oct 7, 2006
Limits on Successive §2255 Motions Established in United States v. Nelson Introduction United States of America v. Alton Ray Nelson, Jr., 465 F.3d 1145 (10th Cir. 2006), is a pivotal case adjudicated...
Acceptance of Arbitration Agreements Through Continued Employment: Shelle Hardin v. First Cash Financial Services

Acceptance of Arbitration Agreements Through Continued Employment: Shelle Hardin v. First Cash Financial Services

Date: Oct 7, 2006
Acceptance of Arbitration Agreements Through Continued Employment: Shelle Hardin v. First Cash Financial Services Introduction Case Title: Shelle Hardin, Plaintiff-Appellee/Cross-Appellant, v. First...
Tenth Circuit Clarifies Consideration of Borderline Personality Disorder and DAA in SSI Disability Determinations

Tenth Circuit Clarifies Consideration of Borderline Personality Disorder and DAA in SSI Disability Determinations

Date: Oct 6, 2006
Tenth Circuit Clarifies Consideration of Borderline Personality Disorder and DAA in SSI Disability Determinations Introduction In Julie A. Salazar v. Jo Anne B. Barnhart, 468 F.3d 615 (10th Cir....
Abdush-Shakur Decision: Upholding Dismissal Without Prejudice under the Speedy Trial Act

Abdush-Shakur Decision: Upholding Dismissal Without Prejudice under the Speedy Trial Act

Date: Oct 5, 2006
Abdush-Shakur Decision: Upholding Dismissal Without Prejudice under the Speedy Trial Act Introduction In the case of United States of America v. Shakir Abdush-Shakur, the United States Court of...
Clarifying Rule 60(b) Motions in Habeas Proceedings: Insights from Spitznas v. Boone

Clarifying Rule 60(b) Motions in Habeas Proceedings: Insights from Spitznas v. Boone

Date: Sep 30, 2006
Clarifying Rule 60(b) Motions in Habeas Proceedings: Insights from Spitznas v. Boone Introduction Spitznas v. Boone, 464 F.3d 1213 (10th Cir. 2006), is a pivotal case that delves into the...
Tenth Circuit Affirms Summary Judgment on FMLA Retaliation and Interference Claims: Emphasizing Temporal Proximity and Legitimate Employer Justifications

Tenth Circuit Affirms Summary Judgment on FMLA Retaliation and Interference Claims: Emphasizing Temporal Proximity and Legitimate Employer Justifications

Date: Sep 27, 2006
Tenth Circuit Affirms Summary Judgment on FMLA Retaliation and Interference Claims: Emphasizing Temporal Proximity and Legitimate Employer Justifications Introduction In the case of Nancy Metzler v....
Admissibility of Warrantless Searches in Commercial Inspections: Insights from United States v. Gwathney

Admissibility of Warrantless Searches in Commercial Inspections: Insights from United States v. Gwathney

Date: Sep 27, 2006
Admissibility of Warrantless Searches in Commercial Inspections: Insights from United States v. Gwathney Introduction The case of United States of America v. Charles Ellwood Gwathney, 465 F.3d 1133...
Moya v. Schollenbarger: Clarifying Finality in Dismissals and Strengthening Pleading Standards in First Amendment Retaliation Claims

Moya v. Schollenbarger: Clarifying Finality in Dismissals and Strengthening Pleading Standards in First Amendment Retaliation Claims

Date: Sep 27, 2006
Moya v. Schollenbarger: Clarifying Finality in Dismissals and Strengthening Pleading Standards in First Amendment Retaliation Claims Introduction The case of George Moya v. Kay Schollenbarger, et al....
Affirmation of Portal-to-Portal Act's Applicability in FLSA Travel-Time Claims: Smith v. Aztec Well Servicing Co.

Affirmation of Portal-to-Portal Act's Applicability in FLSA Travel-Time Claims: Smith v. Aztec Well Servicing Co.

Date: Sep 13, 2006
Affirmation of Portal-to-Portal Act's Applicability in FLSA Travel-Time Claims: Smith v. Aztec Well Servicing Co. Introduction In the landmark case of William E. Smith, III et al. v. Aztec Well...
Exhaustion of Administrative Remedies in Prison Litigation: Yu Kikumura v. Osagie Establishes New Precedent

Exhaustion of Administrative Remedies in Prison Litigation: Yu Kikumura v. Osagie Establishes New Precedent

Date: Sep 9, 2006
Exhaustion of Administrative Remedies in Prison Litigation: Yu Kikumura v. Osagie Establishes New Precedent 1. Introduction In Yu Kikumura v. Osagie et al., the United States Court of Appeals for the...
Affirmation of Consolidated Bargaining Unit Under UMTA and Utah Law: Burke and Carper v. UTA et al.

Affirmation of Consolidated Bargaining Unit Under UMTA and Utah Law: Burke and Carper v. UTA et al.

Date: Sep 2, 2006
Affirmation of Consolidated Bargaining Unit Under UMTA and Utah Law: Burke and Carper v. UTA et al. Introduction In the case of Lisa Burke and Michael Carper, individually and on behalf of all others...
Affirmation of Qualified Immunity in Prisoners' Property Rights: Steffey v. Da

Affirmation of Qualified Immunity in Prisoners' Property Rights: Steffey v. Da

Date: Aug 31, 2006
Affirmation of Qualified Immunity in Prisoners' Property Rights: Steffey v. Da Introduction In George W. Steffey, Jr. v. Da, 461 F.3d 1218 (10th Cir. 2006), the United States Court of Appeals for the...
Enhancing Protections Against Salary Discrimination and Retaliation: Insights from Mickelson v. New York Life Insurance Company

Enhancing Protections Against Salary Discrimination and Retaliation: Insights from Mickelson v. New York Life Insurance Company

Date: Aug 29, 2006
Enhancing Protections Against Salary Discrimination and Retaliation: Insights from Mickelson v. New York Life Insurance Company Introduction In the landmark case of Jennifer J. Mickelson,...
Enhancement of Illegal Reentry Sentences: Torres-Duenas v. United States Establishes No Time Limit on Prior Crimes of Violence

Enhancement of Illegal Reentry Sentences: Torres-Duenas v. United States Establishes No Time Limit on Prior Crimes of Violence

Date: Aug 29, 2006
Enhancement of Illegal Reentry Sentences: Torres-Duenas v. United States Establishes No Time Limit on Prior Crimes of Violence Introduction In United States v. Jose Crescencio Torres-Duenas, 461 F.3d...
Affirmation of Reasonable Suspicion for Protective Pat-Downs in Drug and Gang-Related Investigations: United States v. Garcia

Affirmation of Reasonable Suspicion for Protective Pat-Downs in Drug and Gang-Related Investigations: United States v. Garcia

Date: Aug 26, 2006
Affirmation of Reasonable Suspicion for Protective Pat-Downs in Drug and Gang-Related Investigations: United States v. Garcia 1. Introduction In United States of America v. Jason H. Garcia, aka Dogg,...
Affirming the Importance of Statutory Standing: Jackson v. Volvo Trucks North America

Affirming the Importance of Statutory Standing: Jackson v. Volvo Trucks North America

Date: Aug 25, 2006
Affirming the Importance of Statutory Standing: Jackson v. Volvo Trucks North America Introduction The case of Eric C. Jackson and Great Basin Companies, Inc. v. Volvo Trucks North America, Inc. (462...
Tenth Circuit Establishes Framework for Federal Copyright Jurisdiction and Affirms Arbitration Venue under FAA in Image Software v. Reynolds

Tenth Circuit Establishes Framework for Federal Copyright Jurisdiction and Affirms Arbitration Venue under FAA in Image Software v. Reynolds

Date: Aug 24, 2006
Tenth Circuit Establishes Framework for Federal Copyright Jurisdiction and Affirms Arbitration Venue under FAA in Image Software v. Reynolds Introduction In Image Software, Inc. v. Reynolds and...
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