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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Reversal of Summary Judgment in Herrera v. Lufkin Industries: A New Precedent for Hostile Work Environment Claims under Title VII

Reversal of Summary Judgment in Herrera v. Lufkin Industries: A New Precedent for Hostile Work Environment Claims under Title VII

Date: Jan 5, 2007
Reversal of Summary Judgment in Herrera v. Lufkin Industries: A New Precedent for Hostile Work Environment Claims under Title VII Introduction In Lewis Herrera v. Lufkin Industries, Inc., 474 F.3d...
Exhaustion of Administrative Remedies under the PLRA: Tenth Circuit Reverses Dismissal in Whittington v. Ortiz et al.

Exhaustion of Administrative Remedies under the PLRA: Tenth Circuit Reverses Dismissal in Whittington v. Ortiz et al.

Date: Jan 4, 2007
Exhaustion of Administrative Remedies under the PLRA: Tenth Circuit Reverses Dismissal in Whittington v. Ortiz et al. Introduction Michael Whittington, a state prisoner, filed a § 1983 action against...
Tenth Circuit Affirming Garcetti: Limits on First Amendment Retaliation Claims for Public Employees

Tenth Circuit Affirming Garcetti: Limits on First Amendment Retaliation Claims for Public Employees

Date: Jan 3, 2007
Tenth Circuit Affirms Garcetti: Limits on First Amendment Retaliation Claims for Public Employees Introduction In Jennifer Green v. Board of County Commissioners, the United States Court of Appeals...
Validating Reasonable Suspicion and Consent in Non-Traffic Detentions: Guerrero v. United States

Validating Reasonable Suspicion and Consent in Non-Traffic Detentions: Guerrero v. United States

Date: Jan 3, 2007
Validating Reasonable Suspicion and Consent in Non-Traffic Detentions: Guerrero v. United States Introduction Guerrero v. United States (472 F.3d 784) is a pivotal case decided by the United States...
Affirmation of Deliberate Indifference in Eighth Amendment Claims and Eleventh Amendment Immunity: Callahan v. Lawton Correctional Facility et al.

Affirmation of Deliberate Indifference in Eighth Amendment Claims and Eleventh Amendment Immunity: Callahan v. Lawton Correctional Facility et al.

Date: Dec 27, 2006
Affirmation of Deliberate Indifference in Eighth Amendment Claims and Eleventh Amendment Immunity: Callahan v. Lawton Correctional Facility et al. Introduction Callahan v. Lawton Correctional...
Reaffirming the Time-of-Filing Rule in Diversity Jurisdiction: Symes & Northcott v. Harris et al.

Reaffirming the Time-of-Filing Rule in Diversity Jurisdiction: Symes & Northcott v. Harris et al.

Date: Dec 21, 2006
Reaffirming the Time-of-Filing Rule in Diversity Jurisdiction: Symes & Northcott v. Harris et al. Introduction In Symes & Northcott v. Harris et al., the United States Court of Appeals for the Tenth...
Title VII Retaliation Standards: Insights from McGowan v. City of Eufaula

Title VII Retaliation Standards: Insights from McGowan v. City of Eufaula

Date: Dec 20, 2006
Title VII Retaliation Standards: Insights from McGowan v. City of Eufaula Introduction In Jean McGowan v. City of Eufaula, 472 F.3d 736 (10th Cir. 2006), the United States Court of Appeals for the...
Protective Sweeps Must Be Incident to Arrest: Tenth Circuit Reaffirms Strict Standards

Protective Sweeps Must Be Incident to Arrest: Tenth Circuit Reaffirms Strict Standards

Date: Dec 13, 2006
Protective Sweeps Must Be Incident to Arrest: Tenth Circuit Reaffirms Strict Standards Introduction In the landmark case UNITED STATES of America v. Victor Manuel Torres-Castro, decided on December...
Tenth Circuit Establishes Parameters for Spoliation Sanctions and Expert Testimony in Products Liability Cases

Tenth Circuit Establishes Parameters for Spoliation Sanctions and Expert Testimony in Products Liability Cases

Date: Dec 13, 2006
Tenth Circuit Establishes Parameters for Spoliation Sanctions and Expert Testimony in Products Liability Cases Introduction In the case of 103 INVESTORS I, L.P. v. SQUARE D COmpany, 470 F.3d 985...
Admissibility of Expert Testimony in Dow Chemical v. Cook Class Action: A Comprehensive Analysis

Admissibility of Expert Testimony in Dow Chemical v. Cook Class Action: A Comprehensive Analysis

Date: Dec 8, 2006
Admissibility of Expert Testimony in Dow Chemical v. Cook Class Action: A Comprehensive Analysis Introduction The case of Merilyn Cook, et al. v. Rockwell International Corporation and the Dow...
Tenth Circuit Clarifies False Claims Act Immunity and 'Causing to be Presented' Standard

Tenth Circuit Clarifies False Claims Act Immunity and 'Causing to be Presented' Standard

Date: Dec 6, 2006
Tenth Circuit Clarifies False Claims Act Immunity and 'Causing to be Presented' Standard Introduction In United States ex rel. Sikkenga v. Regence BlueCross BlueShield of Utah, the United States...
Upholding Prison Mail Regulations: Analysis of Wardell v. Maggard

Upholding Prison Mail Regulations: Analysis of Wardell v. Maggard

Date: Dec 1, 2006
Upholding Prison Mail Regulations: Analysis of Wardell v. Maggard Introduction The case Wendel R. Wardell, Jr. v. Sandra Maggard (470 F.3d 954) adjudicated by the United States Court of Appeals for...
Reasonable Detention Under the Fourth Amendment and Sentencing Guidelines for Minor Participants: A Comprehensive Analysis of Mendoza v. United States

Reasonable Detention Under the Fourth Amendment and Sentencing Guidelines for Minor Participants: A Comprehensive Analysis of Mendoza v. United States

Date: Nov 16, 2006
Reasonable Detention Under the Fourth Amendment and Sentencing Guidelines for Minor Participants: A Comprehensive Analysis of Mendoza v. United States Introduction In the landmark case of United...
De Novo Review Not Triggered by Delegation to Non-Fiduciary Administrators: Insights from Geddes v. United Staffing Alliance

De Novo Review Not Triggered by Delegation to Non-Fiduciary Administrators: Insights from Geddes v. United Staffing Alliance

Date: Nov 16, 2006
De Novo Review Not Triggered by Delegation to Non-Fiduciary Administrators: Insights from Geddes v. United Staffing Alliance Introduction The case of Michael Geddes and Kari Geddes, individually and...
Affirmation of Privacy Rights in Criminal Proceedings: Anderson v. Blake

Affirmation of Privacy Rights in Criminal Proceedings: Anderson v. Blake

Date: Nov 15, 2006
Affirmation of Privacy Rights in Criminal Proceedings: Anderson v. Blake Introduction Anderson v. Blake, 469 F.3d 910 (10th Cir. 2006), is a pivotal case addressing the balance between an...
Interpretation of FMLA's 50/75 Provision: Surface Miles Standard Affirmed

Interpretation of FMLA's 50/75 Provision: Surface Miles Standard Affirmed

Date: Nov 15, 2006
Interpretation of FMLA's 50/75 Provision: Surface Miles Standard Affirmed Introduction Kelly Hackworth v. Progressive Casualty Insurance Company, 468 F.3d 722 (10th Cir. 2006), addresses the...
Proper Scope of Filing Restrictions Orders: The Tenth Circuit's Decision in Sieverding v. Colorado Bar Association

Proper Scope of Filing Restrictions Orders: The Tenth Circuit's Decision in Sieverding v. Colorado Bar Association

Date: Nov 15, 2006
Proper Scope of Filing Restrictions Orders: The Tenth Circuit's Decision in Sieverding v. Colorado Bar Association Introduction Sieverding v. Colorado Bar Association is a pivotal case adjudicated by...
E v. rett YOUNG: Establishing Standards for Pretext in Title VII Claims

E v. rett YOUNG: Establishing Standards for Pretext in Title VII Claims

Date: Nov 10, 2006
E v. rett YOUNG: Establishing Standards for Pretext in Title VII Claims Introduction In the landmark case E v. rett YOUNG (468 F.3d 1243), the United States Court of Appeals for the Tenth Circuit...
Nationwide Jurisdiction under RICO: Insights from Cory v. Aztec Steel Building, Inc.

Nationwide Jurisdiction under RICO: Insights from Cory v. Aztec Steel Building, Inc.

Date: Nov 9, 2006
Nationwide Jurisdiction under RICO: Insights from Cory v. Aztec Steel Building, Inc. Introduction In Bill J. Cory v. Aztec Steel Building, Inc., the United States Court of Appeals for the Tenth...
Clarifying the Interaction between Federal Rules of Evidence and State Law in Diversity Jurisdiction: Sims v. Great American

Clarifying the Interaction between Federal Rules of Evidence and State Law in Diversity Jurisdiction: Sims v. Great American

Date: Nov 8, 2006
Clarifying the Interaction between Federal Rules of Evidence and State Law in Diversity Jurisdiction: Sims v. Great American Introduction Sims v. Great American Life Insurance Company is a pivotal...
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