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  • Commentaries
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10th Circuit Case Commentaries

Fourth Amendment Protections in Regulatory Vehicle Inspections: United States v. Herrera

Fourth Amendment Protections in Regulatory Vehicle Inspections: United States v. Herrera

Date: Apr 20, 2006
Fourth Amendment Protections in Regulatory Vehicle Inspections: United States v. Herrera Introduction United States of America v. Robert J. Herrera, 444 F.3d 1238 (10th Cir. 2006), is a pivotal case...
Abrogation of Sovereign Immunity Under Title II of the ADA: Insights from GUTTMAN v. KHALSA

Abrogation of Sovereign Immunity Under Title II of the ADA: Insights from GUTTMAN v. KHALSA

Date: Apr 20, 2006
Abrogation of Sovereign Immunity Under Title II of the ADA: Insights from GUTTMAN v. KHALSA Introduction The case of Stuart T. GUTTMAN, M.D., Plaintiff-Appellant, v. G.T.S. KHALSA, Li (446 F.3d 1027)...
Enhancing Sentencing Transparency: Insights from Lopez-Flores v. United States

Enhancing Sentencing Transparency: Insights from Lopez-Flores v. United States

Date: Apr 19, 2006
Enhancing Sentencing Transparency: Insights from Lopez-Flores v. United States Introduction The case of UNITED STATES of America, Plaintiff-Appellee, v. Roberto Alejandro LOPEZ-FLORES,...
Expanded Interpretation of "Named Insured" in Uninsured Motorist Coverage: Tenth Circuit's Affirmation in Haberman v. Hartford Insurance Group

Expanded Interpretation of "Named Insured" in Uninsured Motorist Coverage: Tenth Circuit's Affirmation in Haberman v. Hartford Insurance Group

Date: Apr 11, 2006
Expanded Interpretation of "Named Insured" in Uninsured Motorist Coverage: Tenth Circuit's Affirmation in Haberman v. Hartford Insurance Group Introduction The case of Joann D. Haberman v. The...
Affirmation of Categorical Exclusion in UEC v. Bosworth: Implications for NEPA Compliance

Affirmation of Categorical Exclusion in UEC v. Bosworth: Implications for NEPA Compliance

Date: Apr 7, 2006
Affirmation of Categorical Exclusion in UEC v. Bosworth: Implications for NEPA Compliance Introduction In Utah Environmental Congress (UEC) v. Bosworth, 443 F.3d 732 (10th Cir. 2006), the United...
Substantial Evidence in Asylum Claims: Uanreroro v. Gonzales

Substantial Evidence in Asylum Claims: Uanreroro v. Gonzales

Date: Apr 7, 2006
Substantial Evidence in Asylum Claims: Uanreroro v. Gonzales Introduction The case of Omon Uanreroro v. Alberto R. Gonzales addresses critical issues surrounding asylum claims based on cultural...
Determining the Commencement of the One-Year Limitation Period in §2241 Habeas Petitions After Exhaustion of Administrative Remedies

Determining the Commencement of the One-Year Limitation Period in §2241 Habeas Petitions After Exhaustion of Administrative Remedies

Date: Apr 5, 2006
Determining the Commencement of the One-Year Limitation Period in §2241 Habeas Petitions After Exhaustion of Administrative Remedies Introduction The case of Kenneth Dulworth v. Edward L. Evans (442...
Clarifying the Bona Fide Error Defense for Mistakes of Law under the FDCPA: Analysis of JOHNSON v. RIDDLE

Clarifying the Bona Fide Error Defense for Mistakes of Law under the FDCPA: Analysis of JOHNSON v. RIDDLE

Date: Apr 5, 2006
Clarifying the Bona Fide Error Defense for Mistakes of Law under the FDCPA: Analysis of JOHNSON v. RIDDLE Introduction Brenda Johnson, the Plaintiff-Appellant, brought forth a class-action lawsuit...
Harmless Error Analysis of Jury Instruction Violations under Richardson in §2255 Habeas Proceedings: Insights from United States v. Dago

Harmless Error Analysis of Jury Instruction Violations under Richardson in §2255 Habeas Proceedings: Insights from United States v. Dago

Date: Mar 31, 2006
Harmless Error Analysis of Jury Instruction Violations under Richardson in §2255 Habeas Proceedings: Insights from United States v. Dago Introduction United States of America v. George Erman Dago,...
Racial Profiling and Fourth Amendment Protections: Insights from United States v. Alcaraz-Arellano

Racial Profiling and Fourth Amendment Protections: Insights from United States v. Alcaraz-Arellano

Date: Mar 31, 2006
Racial Profiling and Fourth Amendment Protections: Insights from United States v. Alcaraz-Arellano Introduction In the case of United States of America v. Gerardo Alcaraz-Arellano, decided by the...
Tenth Circuit Clarifies Rooker-Feldman Doctrine Application to Nonparties and Prospective Relief

Tenth Circuit Clarifies Rooker-Feldman Doctrine Application to Nonparties and Prospective Relief

Date: Mar 30, 2006
Tenth Circuit Clarifies Rooker-Feldman Doctrine Application to Nonparties and Prospective Relief Introduction In the landmark decision of MO'S EXPRESS, LLC v. City Express, the United States Court of...
Affirmation of Conspiracy Convictions and Sentencing Under Controlled Substances Act

Affirmation of Conspiracy Convictions and Sentencing Under Controlled Substances Act

Date: Mar 29, 2006
Affirmation of Conspiracy Convictions and Sentencing Under Controlled Substances Act Introduction The case of United States of America v. Clyde Apperson and William Leonard Pickard (Nos. 03-3368,...
Tenth Circuit Establishes Duty to Defend Under Insurance Policies for TCPA Violations

Tenth Circuit Establishes Duty to Defend Under Insurance Policies for TCPA Violations

Date: Mar 28, 2006
Tenth Circuit Establishes Duty to Defend Under Insurance Policies for TCPA Violations Introduction In the case of PARK UNIVERSITY ENTERPRISES, INC. v. AMERICAN CASUALTY COMPANY OF READING, PA., the...
Rule 404(b) Admissibility Upheld in UNITED STATES v. Mares: A Tenth Circuit Precedent

Rule 404(b) Admissibility Upheld in UNITED STATES v. Mares: A Tenth Circuit Precedent

Date: Mar 25, 2006
Rule 404(b) Admissibility Upheld in UNITED STATES v. Mares: A Tenth Circuit Precedent Introduction In the case of UNITED STATES of America v. Martha Cecilia Mares, the United States Court of Appeals...
Revisiting Rooker-Feldman: Tenth Circuit’s Landmark Decision in Bolden v. City of Topeka

Revisiting Rooker-Feldman: Tenth Circuit’s Landmark Decision in Bolden v. City of Topeka

Date: Mar 22, 2006
Revisiting Rooker-Feldman: Tenth Circuit’s Landmark Decision in Bolden v. City of Topeka Introduction The case of James L. Bolden v. City of Topeka, Kansas, 441 F.3d 1129 (10th Cir. 2006), stands as...
Federal-Question Jurisdiction in State Law Claims: Insights from NICODEMUS v. UNION PACIFIC CORP.

Federal-Question Jurisdiction in State Law Claims: Insights from NICODEMUS v. UNION PACIFIC CORP.

Date: Mar 15, 2006
Federal-Question Jurisdiction in State Law Claims: Insights from NICODEMUS v. UNION PACIFIC CORP. Introduction In the case of Warren D. Nicodemus, Trustee of the Warren D. Nicodemus Living Trust...
Affirmation of §1927 Sanctions for Unreasonable Multiplication of Proceedings and Excessive Extensions

Affirmation of §1927 Sanctions for Unreasonable Multiplication of Proceedings and Excessive Extensions

Date: Mar 14, 2006
Affirmation of §1927 Sanctions for Unreasonable Multiplication of Proceedings and Excessive Extensions Introduction In the case of Lawrence J. Steinert v. Winn Group, Inc., decided by the United...
Tenth Circuit Affirms Constitutionality of 18 U.S.C. § 2251 and Validity of Computer Search Warrant in United States v. Grimmett

Tenth Circuit Affirms Constitutionality of 18 U.S.C. § 2251 and Validity of Computer Search Warrant in United States v. Grimmett

Date: Mar 11, 2006
Tenth Circuit Affirms Constitutionality of 18 U.S.C. § 2251 and Validity of Computer Search Warrant in United States v. Grimmett Introduction In the landmark case United States of America v. Stephen...
Strict Compliance with Federal Appellate Procedures: Allender v. Raytheon Aircraft Affirms Jurisdictional Bar for Untimely Appeals

Strict Compliance with Federal Appellate Procedures: Allender v. Raytheon Aircraft Affirms Jurisdictional Bar for Untimely Appeals

Date: Mar 10, 2006
Strict Compliance with Federal Appellate Procedures: Allender v. Raytheon Aircraft Affirms Jurisdictional Bar for Untimely Appeals Introduction In Allender v. Raytheon Aircraft Company, 439 F.3d 1236...
10th Circuit Upholds Two-Pronged Test for Deliberate Indifference in Prison Medical Care

10th Circuit Upholds Two-Pronged Test for Deliberate Indifference in Prison Medical Care

Date: Mar 8, 2006
10th Circuit Upholds Two-Pronged Test for Deliberate Indifference in Prison Medical Care Introduction Brian Self, the plaintiff-appellant, filed a lawsuit against Dr. Peter Crum, the treating...
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