10th Circuit Case Commentaries

Winsness v. Da: Upholding Standing in First Amendment Flag Abuse Cases

Date: Jan 6, 2006

Winsness v. Da: Upholding Standing in First Amendment Flag Abuse Cases Introduction The case of Kris Winsness and Ken Larsen v. David Yocom et al. pertains to plaintiffs challenging the...

Balancing Speedy Trial Rights and Defendant Conduct: Tenth Circuit Reverses Dismissal in United States v. Batie

Date: Jan 5, 2006

Balancing Speedy Trial Rights and Defendant Conduct: Tenth Circuit Reverses Dismissal in United States v. Batie Introduction United States v. Michael Charles Batie, 433 F.3d 1287 (10th Cir. 2006), is...

United Parcel Service Costs Award Revisited: Clarifying Rule 54(d) and 28 U.S.C. § 1920

Date: Dec 29, 2005

United Parcel Service Costs Award Revisited: Clarifying Rule 54(d) and 28 U.S.C. § 1920 Introduction In the landmark case of David Sorbo v. United Parcel Service (UPS), 432 F.3d 1169 (10th Cir....

Norton v. City of Marietta: Tenth Circuit Clarifies PLRA Exhaustion Requirements for Former Inmates

Date: Dec 21, 2005

Norton v. City of Marietta: Tenth Circuit Clarifies PLRA Exhaustion Requirements for Former Inmates Introduction In the landmark case of Louis Harold Norton v. The City of Marietta, the United States...

Pretext and Statistical Evidence in Discrimination Cases: Tenth Circuit's Landmark Decision in Bryant v. Farmers Insurance Exchange

Date: Dec 21, 2005

Pretext and Statistical Evidence in Discrimination Cases: Tenth Circuit's Landmark Decision in Bryant v. Farmers Insurance Exchange Introduction In the landmark case of Judith A. Bryant v. Farmers...

Protecting Exclusive Distribution Rights: Tenth Circuit's Ruling in Pepsi-Cola Bottling Co. of Pittsburg v. PepsiCo

Date: Dec 21, 2005

Protecting Exclusive Distribution Rights: Tenth Circuit's Ruling in Pepsi-Cola Bottling Co. of Pittsburg v. PepsiCo Introduction The case of Pepsi-Cola Bottling Company of Pittsburg, Inc. (hereafter...

Apportionment of Fault in Product Liability: Insights from Loughridge v. Goodyear Tire Rubber Co.

Date: Dec 21, 2005

Apportionment of Fault in Product Liability: Insights from Loughridge v. Goodyear Tire Rubber Co. Introduction The case of Loughridge v. Goodyear Tire Rubber Co. presented a complex dispute involving...

Tenth Circuit Balances Step Three Findings with Subsequent Evaluations in SSA Disability Appeals

Date: Dec 17, 2005

Tenth Circuit Balances Step Three Findings with Subsequent Evaluations in SSA Disability Appeals Introduction Fischer-Ross v. Barnhart, 431 F.3d 729 (10th Cir. 2005) is a pivotal case addressing the...

Interpretation of Transferable Skills for Advanced Age Claimants in Social Security Disability Evaluations

Date: Dec 15, 2005

Interpretation of Transferable Skills for Advanced Age Claimants in Social Security Disability Evaluations Introduction In the case of Brent Jensen v. Jo Anne B. Barnhart, Commissioner of Social...

Reasonable Suspicion in Traffic Stops: United States v. Alvarado

Date: Dec 14, 2005

Reasonable Suspicion in Traffic Stops: United States v. Alvarado Introduction United States v. Emiliano W. Alvarado is a pivotal case adjudicated by the United States Court of Appeals for the Tenth...

Reaffirmation of Arbitration Authority and Attorney Sanctions under 28 U.S.C. §1927: Dominion Video Satellite, Inc. v. EchoStar Satellite L.L.C.

Date: Dec 8, 2005

Reaffirmation of Arbitration Authority and Attorney Sanctions under 28 U.S.C. §1927: Dominion Video Satellite, Inc. v. EchoStar Satellite L.L.C. Introduction The case of Dominion Video Satellite,...

Due Process Violation in Prisoner Classification: Wilson v. Jones

Date: Dec 8, 2005

Due Process Violation in Prisoner Classification: Wilson v. Jones Introduction Wilson v. Jones, decided by the United States Court of Appeals for the Tenth Circuit on December 7, 2005, marks a...

Constructive Possession Under 18 U.S.C. § 922(g)(1): Analysis of United States v. Ledford

Date: Nov 16, 2005

Constructive Possession Under 18 U.S.C. § 922(g)(1): Analysis of United States v. Ledford Introduction United States of America v. Ruben Dean Ledford, 443 F.3d 702 (10th Cir. 2005), serves as a...

United States v. Sims: Clarifying Burden of Proof for Real Child Depictions in Child Pornography Cases

Date: Nov 10, 2005

United States v. Sims: Clarifying Burden of Proof for Real Child Depictions in Child Pornography Cases Introduction United States v. Stanley Howard Sims, 428 F.3d 945 (10th Cir. 2005), is a pivotal...

Comparative Analysis of Civil Penalty and Equitable Relief under the Clean Water Act: Insights from PACE International Union v. Continental Carbon Company

Date: Nov 9, 2005

Comparative Analysis of Civil Penalty and Equitable Relief under the Clean Water Act: Insights from PACE International Union v. Continental Carbon Company Introduction The case of PAPER,...

Specific Personal Jurisdiction Over Foreign Entities via Domestic Subsidiaries and Prejudgment Interest Standards in Pro Axess v. Orlux Distribution

Date: Nov 9, 2005

Specific Personal Jurisdiction Over Foreign Entities via Domestic Subsidiaries and Prejudgment Interest Standards in Pro Axess v. Orlux Distribution Introduction The case of Pro Axess, Inc. v. Orlux...

Affirmation of Employer's Right to Implement Job-Related Qualifications in Discrimination Claims: Gambro Inc. v. Plaintiffs

Date: Nov 9, 2005

Affirmation of Employer's Right to Implement Job-Related Qualifications in Discrimination Claims: Gambro Inc. v. Plaintiffs Introduction In Gambro Inc. v. Ann Garrison et al., the United States Court...

Enforcement of Mandatory Forum Selection Clauses: Insights from American Soda, LLP v. U.S. Filter Wastewater Group, Inc.

Date: Nov 8, 2005

Enforcement of Mandatory Forum Selection Clauses: Insights from American Soda, LLP v. U.S. Filter Wastewater Group, Inc. Introduction In the landmark case American Soda, LLP v. U.S. Filter Wastewater...

Enforcement of Appeal Waivers in Plea Agreements: Insights from United States v. Calderon

Date: Nov 8, 2005

Enforcement of Appeal Waivers in Plea Agreements: Insights from United States v. Calderon Introduction United States v. Calderon, 428 F.3d 928 (10th Cir. 2005), addresses a critical aspect of plea...

Affirmation of Legitimate, Non-Discriminatory Reasons in Title VII Disparate Treatment Claims: Jaramillo v. Colorado Judicial Department

Date: Nov 3, 2005

Affirmation of Legitimate, Non-Discriminatory Reasons in Title VII Disparate Treatment Claims: Jaramillo v. Colorado Judicial Department Introduction Kristin Jaramillo v. Colorado Judicial...

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