10th Circuit Case Commentaries

Procedural Protocol in ERISA Appeals: Disclosure of Reviewers' Reports - Metzger v. UNUM

Date: Feb 22, 2007

Procedural Protocol in ERISA Appeals: Disclosure of Reviewers' Reports 1. Introduction METZGER v. UNUM LIFE INSURANCE COMPANY OF AMERICA, 476 F.3d 1161 (10th Cir. 2007), is a pivotal case in the...

Effective Assistance of Counsel in Capital Sentencing: Anderson v. Sirmons

Date: Feb 22, 2007

Effective Assistance of Counsel in Capital Sentencing: Anderson v. Sirmons Introduction Glenn Douglas Anderson, the petitioner-appellant, was convicted of three counts of first-degree murder by a...

Affirmation of Individualized Inmate Placement under 18 U.S.C. § 3621(b) - WEDELSTEDT v. WILEY

Date: Feb 21, 2007

Affirmation of Individualized Inmate Placement under 18 U.S.C. § 3621(b) Introduction Edward J. Wedelstedt, a federal inmate incarcerated at the Federal Correctional Institution in Camp Florence,...

Excessive Force Claims Not Subsumed by Unlawful Arrest: CORTEZ v. McCAULEY Sets New Precedent

Date: Feb 17, 2007

Excessive Force Claims Not Subsumed by Unlawful Arrest: CORTEZ v. McCAULEY Sets New Precedent Introduction CORTEZ v. McCAULEY, 478 F.3d 1108 (10th Cir. 2007), is a pivotal case in Fourth Amendment...

Rooker-Feldman Doctrine Affirmed: Federal Courts Lack Jurisdiction Over State Probate Court Orders

Date: Feb 16, 2007

Rooker-Feldman Doctrine Affirmed: Federal Courts Lack Jurisdiction Over State Probate Court Orders Introduction In Be v. Rly Mann, 477 F.3d 1140 (10th Cir. 2007), the United States Court of Appeals...

Affirmation of Egan's Principles in Environmental Whistleblower Retaliation: Insights from Da v. d W. Hall

Date: Feb 14, 2007

Affirmation of Egan's Principles in Environmental Whistleblower Retaliation: Insights from Da v. d W. Hall Introduction In Da v. d W. Hall, 476 F.3d 847 (10th Cir. 2007), the United States Court of...

Recognition of Tribal Motor Vehicle Registrations: PRAIRIE BAND POTAWATOMI NATION v. WAGNON

Date: Feb 7, 2007

Recognition of Tribal Motor Vehicle Registrations: PRAIRIE BAND POTAWATOMI NATION v. WAGNON Introduction PRAIRIE BAND POTAWATOMI NATION, Plaintiff-Appellee, v. Joan WAGNON, Secretary of Revenue is a...

Establishing Employer Liability for Hostile Work Environment Under Title VII: Harsco Corp. v. Renner

Date: Feb 1, 2007

Establishing Employer Liability for Hostile Work Environment Under Title VII: Harsco Corp. v. Renner Introduction In Harsco Corporation, dba American Welding Tank v. Shannon K. Renner, 475 F.3d 1179...

Due Process in Prison Segregation: Tenth Circuit Reaffirms Minimal Procedural Protections for Administrative Segregation

Date: Jan 25, 2007

Due Process in Prison Segregation: Tenth Circuit Reaffirms Minimal Procedural Protections for Administrative Segregation Introduction The case of Estate of Miki Ann DiMarco v. Wyoming Department of...

Navigating First Amendment Retaliation Claims Post-Garcetti: Insight from Casey v. West Las Vegas Independent School District

Date: Jan 25, 2007

Navigating First Amendment Retaliation Claims Post-Garcetti: Insight from Casey v. West Las Vegas Independent School District Introduction The case of Barbara Perea Casey and Frank Casey v. West Las...

Procedural Reasonableness in Sentencing: United States v. Hall

Date: Jan 24, 2007

Procedural Reasonableness in Sentencing: United States v. Hall Introduction United States of America v. Zebedee Hall, 473 F.3d 1295 (10th Cir. 2007), stands as a significant judicial decision...

Credibility Standards in Asylum Appeals: Insights from Alassane Sarr v. Alberto R. Gonzales

Date: Jan 23, 2007

Credibility Standards in Asylum Appeals: Insights from Alassane Sarr v. Alberto R. Gonzales Introduction Alassane Sarr v. Alberto R. Gonzales is a pivotal case decided by the United States Court of...

Enhancing Procedural Fairness in Sentencing: The Atencio Decision and Rule 32(h) Application

Date: Jan 18, 2007

Enhancing Procedural Fairness in Sentencing: The Atencio Decision and Rule 32(h) Application Introduction United States of America v. Harris Atencio, 476 F.3d 1099 (10th Cir. 2007), represents a...

Court Affirms EAJA Fee Award When Agency Action Lacks Substantial Justification Despite Reasonable Litigation Position

Date: Jan 18, 2007

Court Affirms EAJA Fee Award When Agency Action Lacks Substantial Justification Despite Reasonable Litigation Position Introduction The case of Elizabeth HACKETT v. Jo Anne B. BARNHART, adjudicated...

Affirmation of Conspiracy and Aiding and Abetting Convictions in Pursley v. USA: Implications for Interstate Agreement on Detainers and Double Jeopardy

Date: Jan 12, 2007

Affirmation of Conspiracy and Aiding and Abetting Convictions in Pursley v. USA: Implications for Interstate Agreement on Detainers and Double Jeopardy Introduction In the case of United States of...

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