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  • Commentaries
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10th Circuit Case Commentaries

Affirmation of Limited Sixth Amendment Protections in Supervised Release Revocations

Affirmation of Limited Sixth Amendment Protections in Supervised Release Revocations

Date: Aug 23, 2006
Affirmation of Limited Sixth Amendment Protections in Supervised Release Revocations Introduction The case of UNITED STATES of America v. Armando Cordova, II (461 F.3d 1184, 10th Cir. 2006) presents...
Strengthening the "Same Actor" Inference in Employment Discrimination Cases: Insights from Antonio v. Sygma Network, Inc.

Strengthening the "Same Actor" Inference in Employment Discrimination Cases: Insights from Antonio v. Sygma Network, Inc.

Date: Aug 17, 2006
Strengthening the "Same Actor" Inference in Employment Discrimination Cases: Insights from Antonio v. Sygma Network, Inc. Introduction Antonio v. Sygma Network, Inc., 458 F.3d 1177 (10th Cir. 2006),...
Establishing Vicarious Liability Standards for Punitive Damages in Title VII Retaliation Cases: McInnis v. Fairfield Communities

Establishing Vicarious Liability Standards for Punitive Damages in Title VII Retaliation Cases: McInnis v. Fairfield Communities

Date: Aug 15, 2006
Establishing Vicarious Liability Standards for Punitive Damages in Title VII Retaliation Cases: McInnis v. Fairfield Communities Introduction In McInnis v. Fairfield Communities, Inc., Diane C....
Suppressibility of Identity-Related Evidence as Fruit of Unlawful Arrest: United States v. Gusta

Suppressibility of Identity-Related Evidence as Fruit of Unlawful Arrest: United States v. Gusta

Date: Aug 12, 2006
Suppressibility of Identity-Related Evidence as Fruit of Unlawful Arrest: United States v. Gusta Introduction United States of America v. Gustavo Olivares-Rangel, 458 F.3d 1104 (10th Cir. 2006),...
United States v. McCullough and Mosley: Affirmation of Conspiracy and Residence Management Convictions in Drug Trafficking Case

United States v. McCullough and Mosley: Affirmation of Conspiracy and Residence Management Convictions in Drug Trafficking Case

Date: Aug 11, 2006
United States v. McCullough and Mosley: Affirmation of Conspiracy and Residence Management Convictions in Drug Trafficking Case Introduction In the case of United States of America v. Alverez...
Tenth Circuit Clarifies Time-Barred Claims and Non-Adverse Nature of Performance Improvement Plans in Employment Discrimination Cases

Tenth Circuit Clarifies Time-Barred Claims and Non-Adverse Nature of Performance Improvement Plans in Employment Discrimination Cases

Date: Aug 9, 2006
Tenth Circuit Clarifies Time-Barred Claims and Non-Adverse Nature of Performance Improvement Plans in Employment Discrimination Cases Introduction In the case of Linda Haynes v. Level 3...
VWP Waiver Limits on Contesting Removal: Insights from Ciaran Ferry v. Gonzales

VWP Waiver Limits on Contesting Removal: Insights from Ciaran Ferry v. Gonzales

Date: Aug 9, 2006
VWP Waiver Limits on Contesting Removal: Insights from Ciaran Ferry v. Gonzales Introduction The case of Ciaran Ferry v. Alberto R. Gonzales addresses critical issues surrounding the Visa Waiver...
Application of the Barker Balancing Test to Delays in New Trial Motions: United States v. Yehling

Application of the Barker Balancing Test to Delays in New Trial Motions: United States v. Yehling

Date: Aug 9, 2006
Application of the Barker Balancing Test to Delays in New Trial Motions: United States v. Yehling Introduction In United States v. Yehling, 456 F.3d 1236 (10th Cir. 2006), the United States Court of...
Affirmation and Partial Reversal in Champagne Metals v. Ken-Mac Metals: A New Precedent in Antitrust Litigation

Affirmation and Partial Reversal in Champagne Metals v. Ken-Mac Metals: A New Precedent in Antitrust Litigation

Date: Aug 8, 2006
Affirmation and Partial Reversal in Champagne Metals v. Ken-Mac Metals: A New Precedent in Antitrust Litigation Introduction The case of Champagne Metals, LLC v. Ken-Mac Metals, Inc., decided by the...
Statistical Evidence Must Reflect Eligibility in Disparate Impact Claims: Insights from the Tenth Circuit’s Boeing Decision

Statistical Evidence Must Reflect Eligibility in Disparate Impact Claims: Insights from the Tenth Circuit’s Boeing Decision

Date: Aug 8, 2006
Statistical Evidence Must Reflect Eligibility in Disparate Impact Claims: Insights from the Tenth Circuit’s Boeing Decision Introduction The case of Karla Carpenter et al. v. The Boeing Company (456...
Affirmation of Habeas Corpus Petition Denial in Bland v. Sirmons: Analyzing the Tenth Circuit's Application of AEDPA and Due Process

Affirmation of Habeas Corpus Petition Denial in Bland v. Sirmons: Analyzing the Tenth Circuit's Application of AEDPA and Due Process

Date: Aug 4, 2006
Affirmation of Habeas Corpus Petition Denial in Bland v. Sirmons: Analyzing the Tenth Circuit's Application of AEDPA and Due Process Introduction In the case of Jimmy Dale Bland v. Marty Sirmons, the...
Tenth Circuit Affirms Deference to Plan Administrators in ERISA Benefit Denials: Adamson v. Unum

Tenth Circuit Affirms Deference to Plan Administrators in ERISA Benefit Denials: Adamson v. Unum

Date: Aug 3, 2006
Tenth Circuit Affirms Deference to Plan Administrators in ERISA Benefit Denials: Adamson v. Unum Introduction The case of Patricia Adamson v. Unum Life Insurance Company of America (455 F.3d 1209)...
Seizure Analysis in United States v. Ojeda-Ramos: Establishing Grounds for Voluntary Abandonment

Seizure Analysis in United States v. Ojeda-Ramos: Establishing Grounds for Voluntary Abandonment

Date: Aug 1, 2006
Seizure Analysis in United States v. Ojeda-Ramos: Establishing Grounds for Voluntary Abandonment Introduction In United States of America v. Radames de Jesus Ojeda-Ramos, 455 F.3d 1178 (10th Cir....
Affirmation of Sovereign Immunity in Child Adoption Oversight: Limits of the "Building Waiver" Exception

Affirmation of Sovereign Immunity in Child Adoption Oversight: Limits of the "Building Waiver" Exception

Date: Jul 27, 2006
Affirmation of Sovereign Immunity in Child Adoption Oversight: Limits of the "Building Waiver" Exception Introduction The case of Scott Johnson, as Personal Representative of the Estate of Graciela...
Panaderia La Diana v. Salt Lake City: Affirmation of Summary Judgment and Denial of Class Certification in §1983 Civil Rights Action

Panaderia La Diana v. Salt Lake City: Affirmation of Summary Judgment and Denial of Class Certification in §1983 Civil Rights Action

Date: Jul 27, 2006
Panaderia La Diana v. Salt Lake City: Affirmation of Summary Judgment and Denial of Class Certification in §1983 Civil Rights Action Introduction Panaderia La Diana, Inc. v. Salt Lake City Corp., 455...
Limiting Supervisory Liability under §1983: Insights from Serna v. Colorado Department of Corrections

Limiting Supervisory Liability under §1983: Insights from Serna v. Colorado Department of Corrections

Date: Jul 27, 2006
Limiting Supervisory Liability under §1983: Insights from Serna v. Colorado Department of Corrections Introduction Serna v. Colorado Department of Corrections is a pivotal case adjudicated by the...
Reversing Tribal Court’s Sovereign Immunity Ruling: Enhancing Federal Judicial Oversight

Reversing Tribal Court’s Sovereign Immunity Ruling: Enhancing Federal Judicial Oversight

Date: Jul 25, 2006
Reversing Tribal Court’s Sovereign Immunity Ruling: Enhancing Federal Judicial Oversight Introduction In the landmark case of Bob Burrell and Susan Burrell v. Leonard Armijo et al., the United States...
Establishing Reasonable Suspicion and the Public Safety Exception: Insights from United States v. Carrizales-Toledo

Establishing Reasonable Suspicion and the Public Safety Exception: Insights from United States v. Carrizales-Toledo

Date: Jul 21, 2006
Establishing Reasonable Suspicion and the Public Safety Exception: Insights from United States v. Carrizales-Toledo Introduction The case of United States of America v. Jose Roberto...
Reversal of Partial Summary Judgment in Leprino Foods Co. v. Factory Mutual Ins. Co.: Establishing the Scope of "Other Physical Damage" in Insurance Policies

Reversal of Partial Summary Judgment in Leprino Foods Co. v. Factory Mutual Ins. Co.: Establishing the Scope of "Other Physical Damage" in Insurance Policies

Date: Jul 7, 2006
Reversal of Partial Summary Judgment in Leprino Foods Co. v. Factory Mutual Ins. Co.: Establishing the Scope of "Other Physical Damage" in Insurance Policies Introduction The case of Leprino Foods...
Limits on Certificate of Appealability for Statutory Claims and Ineffective Assistance of Counsel: United States v. Charles Taylor

Limits on Certificate of Appealability for Statutory Claims and Ineffective Assistance of Counsel: United States v. Charles Taylor

Date: Jul 6, 2006
Limits on Certificate of Appealability for Statutory Claims and Ineffective Assistance of Counsel: United States v. Charles Taylor Introduction United States v. Charles Taylor is a pivotal case...
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