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  • Commentaries
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10th Circuit Case Commentaries

Tenth Circuit Clarifies Qualified Immunity in Unauthorized Government Entry and Retaliatory Conduct

Tenth Circuit Clarifies Qualified Immunity in Unauthorized Government Entry and Retaliatory Conduct

Date: Jan 4, 2005
Tenth Circuit Clarifies Qualified Immunity in Unauthorized Government Entry and Retaliatory Conduct Introduction In the landmark case of MIMICS, Inc., a Texas corporation; Richard Wildgrube; Margaret...
Clarifying ADA’s 'Regarded as Disabled' Standard: Tenth Circuit Affirms Summary Judgment in Lanman v. Johnson County

Clarifying ADA’s 'Regarded as Disabled' Standard: Tenth Circuit Affirms Summary Judgment in Lanman v. Johnson County

Date: Dec 31, 2004
Clarifying ADA’s 'Regarded as Disabled' Standard: Tenth Circuit Affirms Summary Judgment in Lanman v. Johnson County Introduction In Susan Lanman v. Johnson County, Kansas, the United States Court of...
Affirmation of Summary Judgment in Hill v. SmithKline Beecham: Implications for FTCA Claims and Appointment of Counsel for Pro Se Prisoners

Affirmation of Summary Judgment in Hill v. SmithKline Beecham: Implications for FTCA Claims and Appointment of Counsel for Pro Se Prisoners

Date: Dec 29, 2004
Affirmation of Summary Judgment in Hill v. SmithKline Beecham: Implications for FTCA Claims and Appointment of Counsel for Pro Se Prisoners Introduction In Ernest J. Hill, III v. SmithKline Beecham...
Application of Younger Abstention in Special Education Eligibility Disputes: D.L. v. Unified School District No. 497

Application of Younger Abstention in Special Education Eligibility Disputes: D.L. v. Unified School District No. 497

Date: Dec 28, 2004
Application of Younger Abstention in Special Education Eligibility Disputes: D.L. v. Unified School District No. 497 Introduction The case of D.L., indi v. Dually and as next friend of J.L., a minor;...
Affirmation of Summary Judgment in Donchez v. Coors Brewing Company: Implications for Service Mark Protection

Affirmation of Summary Judgment in Donchez v. Coors Brewing Company: Implications for Service Mark Protection

Date: Dec 23, 2004
Affirmation of Summary Judgment in Donchez v. Coors Brewing Company: Implications for Service Mark Protection Introduction In the case of Robert Donchez v. Coors Brewing Company, decided by the...
Saiz v. Ortiz: Affirmation of Batson Standards in Jury Selection

Saiz v. Ortiz: Affirmation of Batson Standards in Jury Selection

Date: Dec 22, 2004
Saiz v. Ortiz: Affirmation of Batson Standards in Jury Selection 1. Introduction Saiz v. Ortiz is a pivotal case decided by the United States Court of Appeals for the Tenth Circuit on December 21,...
Enhancing Inmate Communication Rights: Insights from Jacklovich v. Simmons

Enhancing Inmate Communication Rights: Insights from Jacklovich v. Simmons

Date: Dec 22, 2004
Enhancing Inmate Communication Rights: Insights from Jacklovich v. Simmons Introduction In the landmark case of Joseph E. Jacklovich, Sr.; Prison Legal News, Inc.; Kris Zimmerman v. Charles E....
Affirmation of Qualified Immunity and Application of Collateral Estoppel in Excessive Force Claims: Jessica Jiron v. City of Lakewood

Affirmation of Qualified Immunity and Application of Collateral Estoppel in Excessive Force Claims: Jessica Jiron v. City of Lakewood

Date: Dec 21, 2004
Affirmation of Qualified Immunity and Application of Collateral Estoppel in Excessive Force Claims: Jessica Jiron v. City of Lakewood Introduction The case of Jessica Jiron v. City of Lakewood...
Libel-Proof Plaintiff Doctrine Established in Lamb v. Rizzo

Libel-Proof Plaintiff Doctrine Established in Lamb v. Rizzo

Date: Dec 10, 2004
Libel-Proof Plaintiff Doctrine Established in Lamb v. Rizzo Introduction Lamb v. Rizzo (391 F.3d 1133, 10th Cir. 2004) is a pivotal case that delves into the complexities of defamation law,...
Tenth Circuit Clarifies Statute of Limitations for §1981 Failure-to-Promote Claims in Employment Discrimination

Tenth Circuit Clarifies Statute of Limitations for §1981 Failure-to-Promote Claims in Employment Discrimination

Date: Dec 9, 2004
Tenth Circuit Clarifies Statute of Limitations for §1981 Failure-to-Promote Claims in Employment Discrimination Introduction In the case of Conail Cross v. The Home Depot, decided by the United...
Lee v. Barnhart: Mandating Comprehensive Record Development in Social Security Disability Evaluations

Lee v. Barnhart: Mandating Comprehensive Record Development in Social Security Disability Evaluations

Date: Dec 9, 2004
Lee v. Barnhart: Mandating Comprehensive Record Development in Social Security Disability Evaluations Introduction Lee v. Barnhart, 117 F. App'x 674 (10th Cir. 2004), is a pivotal appellate decision...
First-to-File Bar in Qui Tam Actions: Analysis of Grynberg v. Koch Industries

First-to-File Bar in Qui Tam Actions: Analysis of Grynberg v. Koch Industries

Date: Dec 8, 2004
First-to-File Bar in Qui Tam Actions: Analysis of Grynberg v. Koch Industries Introduction The case of Jack J. Grynberg, United States ex rel. v. Koch Gateway Pipeline Company et al., decided by the...
Affirmation of Speedy Trial Rights: Jackson v. Ray and the Application of BARKER v. WINGO Under AEDPA

Affirmation of Speedy Trial Rights: Jackson v. Ray and the Application of BARKER v. WINGO Under AEDPA

Date: Dec 7, 2004
Affirmation of Speedy Trial Rights: Jackson v. Ray and the Application of BARKER v. WINGO Under AEDPA Introduction In the landmark case of Michael Shane Jackson v. Charles Ray, decided by the United...
Admissibility of Expert Testimony in Products Liability: Bitler v. White-Rodgers

Admissibility of Expert Testimony in Products Liability: Bitler v. White-Rodgers

Date: Dec 7, 2004
Admissibility of Expert Testimony in Products Liability: Bitler v. White-Rodgers Introduction The case of Fred D. Bitler; Peggy A. Bitler; Colorado Compensation Insurance Authority versus A.O. Smith...
Ensuring Accurate Jury Instructions and Safeguarding Defendant Rights in Capital Sentencing: Analysis of Turrentine v. Mullin

Ensuring Accurate Jury Instructions and Safeguarding Defendant Rights in Capital Sentencing: Analysis of Turrentine v. Mullin

Date: Dec 2, 2004
Ensuring Accurate Jury Instructions and Safeguarding Defendant Rights in Capital Sentencing: Analysis of Turrentine v. Mullin Introduction Turrentine v. Mullin, 390 F.3d 1181 (10th Cir. 2004), is a...
Defining 'New, Material, and Chronologically Relevant' Evidence: Insights from Chambers v. Barnhart, Tenth Circuit

Defining 'New, Material, and Chronologically Relevant' Evidence: Insights from Chambers v. Barnhart, Tenth Circuit

Date: Nov 24, 2004
Defining 'New, Material, and Chronologically Relevant' Evidence: Insights from Chambers v. Barnhart, Tenth Circuit Introduction In Sally Chambers v. Jo Anne B. Barnhart, Commissioner, Social Security...
Qualified Immunity and Scope of Discovery: Insights from Rome v. Romero et al.

Qualified Immunity and Scope of Discovery: Insights from Rome v. Romero et al.

Date: Nov 23, 2004
Qualified Immunity and Scope of Discovery: Insights from Rome v. Romero et al. Introduction The case of David Michael Rome v. Officer Rodney Romero, Officer Dan Felkins, Officer Jay Whittenburg,...
Establishing Probable Cause: The Artez Decision and Its Implications

Establishing Probable Cause: The Artez Decision and Its Implications

Date: Nov 18, 2004
Establishing Probable Cause: The Artez Decision and Its Implications Introduction In the landmark case of United States v. Friedrich Peter Artez, 389 F.3d 1106 (10th Cir. 2004), the United States...
Affirmation of Summary Judgment in Racial Discrimination Claims under 42 U.S.C §1981: Exum v. USOC

Affirmation of Summary Judgment in Racial Discrimination Claims under 42 U.S.C §1981: Exum v. USOC

Date: Nov 18, 2004
Affirmation of Summary Judgment in Racial Discrimination Claims under 42 U.S.C §1981: Exum v. USOC Introduction In Wade F. Exum, M.D. v. United States Olympic Committee (USOC), the United States...
Affirmation of Kidnapping Conviction and Upholding Daubert Standards in U.S. v. Gabaldon

Affirmation of Kidnapping Conviction and Upholding Daubert Standards in U.S. v. Gabaldon

Date: Nov 17, 2004
Affirmation of Kidnapping Conviction and Upholding Daubert Standards in U.S. v. Gabaldon Introduction In the case of United States of America v. Frank Gabaldon, the United States Court of Appeals for...
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