10th Circuit Case Commentaries

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

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

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

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

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...

Argo v. Blue Cross Blue Shield of Kansas: Affirming Summary Judgment Standards in Reverse Sex Discrimination and Retaliation Under Title VII

Date: Jul 4, 2006

Argo v. Blue Cross Blue Shield of Kansas: Affirming Summary Judgment Standards in Reverse Sex Discrimination and Retaliation Under Title VII Introduction Argo v. Blue Cross and Blue Shield of Kansas,...

Amendment Standards in Product Liability Litigation: Insights from Terry Minter v. Prime Equipment Company

Date: Jun 30, 2006

Amendment Standards in Product Liability Litigation: Insights from Terry Minter v. Prime Equipment Company Introduction The case of Terry Minter v. Prime Equipment Company, adjudicated by the United...

Standing and Rooker-Feldman Doctrine Uphold Dismissal of RICO and Antitrust Claims in Moshe TAL v. Hogan

Date: Jun 30, 2006

Standing and Rooker-Feldman Doctrine Uphold Dismissal of RICO and Antitrust Claims in Moshe TAL v. Hogan Introduction The case of Moshe TAL; Bricktown 2000, Inc.; Tal Technologies, Inc.,...

10th Circuit Clarifies ERISA Review Standards for Recurrent Disability Claims Amid Plan Administrator Conflict

Date: Jun 29, 2006

10th Circuit Clarifies ERISA Review Standards for Recurrent Disability Claims Amid Plan Administrator Conflict Introduction The case of John A. DeGrado v. Jefferson Pilot Financial Insurance Company,...

Qualified Immunity and Fourth Amendment Protections in Da v. Walker

Date: Jun 28, 2006

Qualified Immunity and Fourth Amendment Protections in Da v. Walker Introduction The case of Da v. Walker presents a significant legal discourse on the application of qualified immunity for law...

Qualified Immunity in Child Protection Removal: Gomes v. Wood

Date: Jun 28, 2006

Qualified Immunity in Child Protection Removal: Gomes v. Wood Introduction In the case of Shauna Gomes; Domingos Gomes; and Rebekah Gomes v. Deborah A. Wood; Megan Annes; Kerri Ketterer; and Tess...

Affirming the Exigent Circumstances Exception to the Fourth Amendment: United States v. Najar

Date: Jun 22, 2006

Affirming the Exigent Circumstances Exception to the Fourth Amendment: United States v. Najar Introduction United States v. Najar (451 F.3d 710, 10th Cir. 2006) presents a pivotal examination of the...

Substantive Due Process in High-Speed Police Pursuits: Tenth Circuit Upholds Summary Judgment in Graves v. Thomas

Date: Jun 22, 2006

Substantive Due Process in High-Speed Police Pursuits: Tenth Circuit Upholds Summary Judgment in Graves v. Thomas Introduction The case of Delise Graves; Jerry Graves v. Kermit Thomas and Josh Ford...

Rooker-Feldman Doctrine Clarified in Bear v. Patton: Implications for Tribal Land Jurisdiction

Date: Jun 21, 2006

Rooker-Feldman Doctrine Clarified in Bear v. Patton: Implications for Tribal Land Jurisdiction Introduction The case of Nancy Bear v. James A. Patton, adjudicated by the United States Court of...

Reaffirming Neutral Zoning Ordinances under RLUIPA: Grace United Methodist Church v. City of Cheyenne

Date: Jun 21, 2006

Reaffirming Neutral Zoning Ordinances under RLUIPA: Grace United Methodist Church v. City of Cheyenne Introduction The case of Grace United Methodist Church v. City of Cheyenne addresses critical...

10th Circuit Upholds Federal Ban on Felons' Possession of Body Armor Under Scarborough Precedent

Date: Jun 21, 2006

10th Circuit Upholds Federal Ban on Felons' Possession of Body Armor Under Scarborough Precedent Introduction In the case of UNITED STATES of America, Plaintiff-Appellee, v. Carl A. PATTON,...

Admissibility of Other Crimes Evidence and Victim Impact Statements in Capital Cases: Analysis of Welch v. Sirmons, 451 F.3d 675 (10th Cir. 2006)

Date: Jun 21, 2006

Admissibility of Other Crimes Evidence and Victim Impact Statements in Capital Cases: Analysis of Welch v. Sirmons, 451 F.3d 675 (10th Cir. 2006) Introduction Welch v. Sirmons is a pivotal case...

Affirmation of Race-Neutral Peremptory Strikes: Insights from United States v. Nelson

Date: Jun 20, 2006

Affirmation of Race-Neutral Peremptory Strikes: Insights from United States v. Nelson Introduction United States v. Barry D. Nelson, 450 F.3d 1201 (10th Cir. 2006), presents a critical examination of...

Rejection of Selective Waiver of Attorney-Client Privilege and Work-Product Doctrine: The Tenth Circuit Upholds Traditional Waiver Rules in In re Qwest Communications

Date: Jun 20, 2006

Rejection of Selective Waiver of Attorney-Client Privilege and Work-Product Doctrine: The Tenth Circuit Upholds Traditional Waiver Rules in In re Qwest Communications Introduction The landmark case,...

Affirmation of Strict Title IX Standards for School Liability in Sexual Harassment Cases

Date: Jun 15, 2006

Affirmation of Strict Title IX Standards for School Liability in Sexual Harassment Cases Introduction In the landmark case of Callie Escue v. Northern Oklahoma College, the United States Court of...

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