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  • Commentaries
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10th Circuit Case Commentaries

Affirmation of Summary Judgment in MacKenzie v. Denver: Interpretation of ADA and ADEA Claims

Affirmation of Summary Judgment in MacKenzie v. Denver: Interpretation of ADA and ADEA Claims

Date: Jul 15, 2005
Affirmation of Summary Judgment in MacKenzie v. Denver: Interpretation of ADA and ADEA Claims Introduction The case of Rita L. MacKenzie v. Denver, City and County of Denver addresses substantial...
Silva v. United States: Denial of Certificate of Appealability and Ineffective Assistance Claims

Silva v. United States: Denial of Certificate of Appealability and Ineffective Assistance Claims

Date: Jul 15, 2005
Silva v. United States: Denial of Certificate of Appealability and Ineffective Assistance Claims Introduction Silva v. United States (430 F.3d 1096) is a pivotal case adjudicated by the United States...
Roadless Rule Mooted: Impact of State of Wyoming v. USDA Forest Service

Roadless Rule Mooted: Impact of State of Wyoming v. USDA Forest Service

Date: Jul 12, 2005
Roadless Rule Mooted: Impact of State of Wyoming v. USDA Forest Service Introduction The case of STATE OF WYOMING v. UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) Forest Service addresses...
Affirmation of RICO Conspiracy and Murder in Aid of Racketeering Activity: Insights from United States v. Tyrese Sharod Smith

Affirmation of RICO Conspiracy and Murder in Aid of Racketeering Activity: Insights from United States v. Tyrese Sharod Smith

Date: Jul 7, 2005
Affirmation of RICO Conspiracy and Murder in Aid of Racketeering Activity: Insights from United States v. Tyrese Sharod Smith Introduction In the landmark case of United States of America v. Tyrese...
Clarifying Federal Prisoners' Rights to Injunctive Relief Under the Eighth Amendment

Clarifying Federal Prisoners' Rights to Injunctive Relief Under the Eighth Amendment

Date: Jul 2, 2005
Clarifying Federal Prisoners' Rights to Injunctive Relief Under the Eighth Amendment Introduction Ron Simmat v. United States Bureau of Prisons (413 F.3d 1225) is a seminal case adjudicated by the...
Affirmation of Inevitable Discovery Doctrine in Consent-Based Searches: United States v. Cunningham

Affirmation of Inevitable Discovery Doctrine in Consent-Based Searches: United States v. Cunningham

Date: Jul 2, 2005
Affirmation of Inevitable Discovery Doctrine in Consent-Based Searches: United States v. Cunningham Introduction The case United States v. William Cunningham, 413 F.3d 1199 (10th Cir. 2005), serves...
United States v. Stiger: Clarifying Verdict Form Requirements and Sentencing under the Criminal Conspiracy Framework Post-Booker

United States v. Stiger: Clarifying Verdict Form Requirements and Sentencing under the Criminal Conspiracy Framework Post-Booker

Date: Jul 1, 2005
United States v. Stiger: Clarifying Verdict Form Requirements and Sentencing under the Criminal Conspiracy Framework Post-Booker Introduction United States v. Kenneth Wayne Stiger, 413 F.3d 1185...
Partial Discharge of Student Loans Without Undue Hardship: A Comprehensive Analysis of In re Alderete

Partial Discharge of Student Loans Without Undue Hardship: A Comprehensive Analysis of In re Alderete

Date: Jun 30, 2005
Partial Discharge of Student Loans Without Undue Hardship: A Comprehensive Analysis of In re Alderete Introduction The case of In re Robert Alderete and Linda D. Alderete Debtors presents a pivotal...
Affirmation of Summary Judgment in Title VII Hostile Work Environment and Retaliation Claims

Affirmation of Summary Judgment in Title VII Hostile Work Environment and Retaliation Claims

Date: Jun 29, 2005
Affirmation of Summary Judgment in Title VII Hostile Work Environment and Retaliation Claims Introduction In the case of Rebecca Medina v. Income Support Division, State of New Mexico (413 F.3d...
Affirmation of Rule 41(a)(2) Dismissal Without Prejudice in Medical Malpractice Cases

Affirmation of Rule 41(a)(2) Dismissal Without Prejudice in Medical Malpractice Cases

Date: Jun 24, 2005
Affirmation of Rule 41(a)(2) Dismissal Without Prejudice in Medical Malpractice Cases Introduction The case of John BROWN; Joscelyn Brown, Plaintiffs-Appellees, v. John L. BAEKE, Jr., M.D.,...
Bellamy v. United States: Retroactivity of Booker and Effective Assistance of Counsel

Bellamy v. United States: Retroactivity of Booker and Effective Assistance of Counsel

Date: Jun 17, 2005
Bellamy v. United States: Retroactivity of Booker and Effective Assistance of Counsel Introduction Bellamy v. United States, 411 F.3d 1182 (10th Cir. 2005), presents a critical examination of two...
Special Verdicts and Seventh Amendment Rights: Johnson v. ABLT Trucking Co.

Special Verdicts and Seventh Amendment Rights: Johnson v. ABLT Trucking Co.

Date: Jun 16, 2005
Special Verdicts and Seventh Amendment Rights: Johnson v. ABLT Trucking Co. Introduction Earl Johnson v. ABLT Trucking Co., Inc., and Ted Tammen, 412 F.3d 1138 (10th Cir. 2005), is a pivotal case...
10th Circuit Establishes Clear Fourth Amendment Protections in Seizures by Social Workers

10th Circuit Establishes Clear Fourth Amendment Protections in Seizures by Social Workers

Date: Jun 15, 2005
10th Circuit Establishes Clear Fourth Amendment Protections in Seizures by Social Workers Introduction In Patrisha Jones v. Deputy R. Hunt, 410 F.3d 1221 (10th Cir. 2005), the United States Court of...
Comprehensive Analysis of Lauder v. United States (409 F.3d 1254): Fifth Amendment Rights, Fingerprint Evidence Admissibility, and Sentencing Guidelines

Comprehensive Analysis of Lauder v. United States (409 F.3d 1254): Fifth Amendment Rights, Fingerprint Evidence Admissibility, and Sentencing Guidelines

Date: Jun 9, 2005
Comprehensive Analysis of Lauder v. United States (409 F.3d 1254) New Legal Principles Established Lauder v. United States serves as a pivotal case reinforcing key legal principles related to Fifth...
Affirmation of Consecutive Sentences for Supervised Release Violations: Insights from United States v. Contreras-Martinez

Affirmation of Consecutive Sentences for Supervised Release Violations: Insights from United States v. Contreras-Martinez

Date: Jun 2, 2005
Affirmation of Consecutive Sentences for Supervised Release Violations: Insights from United States v. Contreras-Martinez Introduction The case of United States of America v. Juan Carlos...
Affirmation of Proper IFP Denial Procedures in Jan Lister v. Department of the Treasury

Affirmation of Proper IFP Denial Procedures in Jan Lister v. Department of the Treasury

Date: May 26, 2005
Affirmation of Proper IFP Denial Procedures in Jan Lister v. Department of the Treasury Introduction Jan Lister v. Department of the Treasury, Jo Anne B. Barnhart, Commissioner of Social Security...
Tenth Circuit Expands Fiduciary Definition in ERISA: Da v. Coldesina

Tenth Circuit Expands Fiduciary Definition in ERISA: Da v. Coldesina

Date: May 20, 2005
Tenth Circuit Expands Fiduciary Definition in ERISA: Da v. Coldesina Introduction In the landmark case Da v. Coldesina, the United States Court of Appeals for the Tenth Circuit addressed critical...
Judicial Authority in Sentencing Beyond Jury Verdict in the Post-Booker Era: Analysis of United States v. Magallanez

Judicial Authority in Sentencing Beyond Jury Verdict in the Post-Booker Era: Analysis of United States v. Magallanez

Date: May 18, 2005
Judicial Authority in Sentencing Beyond Jury Verdict in the Post-Booker Era: Analysis of United States v. Magallanez Introduction The case of United States of America v. Pete Magallanez (408 F.3d...
Affirmation of ADA Disability Discrimination Verdict and Attorneys' Fee Award in Praseuth v. Rubbermaid

Affirmation of ADA Disability Discrimination Verdict and Attorneys' Fee Award in Praseuth v. Rubbermaid

Date: May 12, 2005
Affirmation of ADA Disability Discrimination Verdict and Attorneys' Fee Award in Praseuth v. Rubbermaid Introduction Praseuth v. Rubbermaid, Inc. is a landmark employment discrimination case...
Limits on Class Certification and Jurisdiction in Royalty Disputes: Insights from Elliott Industries v. BP America

Limits on Class Certification and Jurisdiction in Royalty Disputes: Insights from Elliott Industries v. BP America

Date: May 11, 2005
Limits on Class Certification and Jurisdiction in Royalty Disputes: Insights from Elliott Industries Limited Partnership v. BP America Production Company Introduction The case of Elliott Industries...
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