10th Circuit Case Commentaries

Limitations on Appellate Waivers in Conditional Plea Agreements: Insights from United States v. Anderson

Date: Jul 7, 2004

Limitations on Appellate Waivers in Conditional Plea Agreements: Insights from United States v. Anderson Introduction The case of United States of America v. Lance Anderson (374 F.3d 955) adjudicated...

Ensuring Proper Evaluation of Treating Physician Opinions in Social Security Disability Claims: An Analysis of Langley v. Barnhart

Date: Jul 1, 2004

Ensuring Proper Evaluation of Treating Physician Opinions in Social Security Disability Claims: An Analysis of Langley v. Barnhart Introduction In the case of Roberta Langley v. Jo Anne B. Barnhart,...

Interpretation of 'Without Recourse' Assignments and Admissibility of Damages Models: Insights from LifeWise v. E*TRADE Bank

Date: Jun 30, 2004

Interpretation of 'Without Recourse' Assignments and Admissibility of Damages Models: Insights from LifeWise v. E*TRADE Bank Introduction The case of LifeWise Master Funding, LLC and LifeWise Family...

Tenth Circuit Clarifies Equitable Relief Calculation in ADA Employment Cases

Date: Jun 30, 2004

Tenth Circuit Clarifies Equitable Relief Calculation in ADA Employment Cases Introduction The case of Tony Bartee v. Michelin North America, Inc. addresses critical issues under the Americans with...

CoA Standards Reinforced in Dockins v. Hines: AEDPA Deference Clarified

Date: Jun 30, 2004

CoA Standards Reinforced in Dockins v. Hines: AEDPA Deference Clarified Introduction Vernice L. Dockins, the petitioner-appellant, was convicted in Oklahoma state court of Second Degree Burglary and...

Reaffirming the Boundaries of Attorney-Client Privilege and Work-Product Doctrine in Litigation-Prepared Investigations

Date: Jun 25, 2004

Reaffirming the Boundaries of Attorney-Client Privilege and Work-Product Doctrine in Litigation-Prepared Investigations Introduction In the case of Emilio D. "Mike" Sanchez v. Eugene Matta, Edson...

Defining Relevant Product Markets in Oklahoma Antitrust Cases: Insights from Green Country Food Market, Inc. v. Bottling Group

Date: Jun 23, 2004

Defining Relevant Product Markets in Oklahoma Antitrust Cases: Insights from Green Country Food Market, Inc. v. Bottling Group Introduction The case of Green Country Food Market, Inc., d/b/a...

Zoltanski v. FAA: Upholding FAA's Authority under 14 C.F.R. §107.20

Date: Jun 22, 2004

Zoltanski v. FAA: Upholding FAA's Authority under 14 C.F.R. §107.20 Introduction The case Teresa Zoltanski v. Federal Aviation Administration (FAA), decided by the United States Court of Appeals for...

Excusable Neglect and Appellate Jurisdiction: Insights from United States v. Torres

Date: Jun 17, 2004

Excusable Neglect and Appellate Jurisdiction: Insights from United States v. Torres Introduction United States v. Hector Torres, 372 F.3d 1159 (10th Cir. 2004), is a pivotal case that elucidates the...

Delay in Permit Processing: Implications for First Amendment Rights in Utah Animal Rights Coalition v. Salt Lake City Corporation

Date: Jun 17, 2004

Delay in Permit Processing: Implications for First Amendment Rights in Utah Animal Rights Coalition v. Salt Lake City Corporation Introduction The case Utah Animal Rights Coalition v. Salt Lake City...

Mandatory Compliance with Fed.R.App.P. 4(c)(1): Tenth Circuit's Ruling in Ceballos-Martinez v. USA

Date: Jun 17, 2004

Mandatory Compliance with Fed.R.App.P. 4(c)(1): Tenth Circuit's Ruling in Ceballos-Martinez v. USA Introduction The case United States of America v. Fernando Ceballos-Martinez, 387 F.3d 1140 (10th...

Retaliation Under Title VII: Insights from ANNETT v. UNIVERSITY OF KANSAS

Date: Jun 16, 2004

Retaliation Under Title VII: Insights from ANNETT v. UNIVERSITY OF KANSAS Introduction In Dr. Cynthia Annett, Ph.D., Plaintiff-Appellant, v. University of Kansas, Defendant-Appellee, 371 F.3d 1233...

Affirmation of Denied §2255 Motion Due to Ineffective Assistance of Counsel: Harms v. United States

Date: Jun 11, 2004

Affirmation of Denied §2255 Motion Due to Ineffective Assistance of Counsel: Harms v. United States Introduction The case of United States of America v. Dennis Richard Harms, adjudicated by the...

Civil Contempt Sanctions in FTC v. Kuykendall: Establishing Standards for Compensatory Remedies

Date: Jun 11, 2004

Civil Contempt Sanctions in FTC v. Kuykendall: Establishing Standards for Compensatory Remedies Introduction Federal Trade Commission (FTC) v. Kuykendall is a pivotal case adjudicated by the United...

Tenth Circuit Affirms Denial of Qualified Immunity in Fourth Amendment Search Warrant Execution

Date: Jun 9, 2004

Tenth Circuit Affirms Denial of Qualified Immunity in Fourth Amendment Search Warrant Execution Introduction In the landmark case of Tina Janelle Peterson; Margie Martina Peterson v. Jeff Jensen; Tom...

Affirmation of Qualified Immunity in Eighth Amendment Conditions of Confinement Claims: Reynolds v. Powell

Date: Jun 4, 2004

Affirmation of Qualified Immunity in Eighth Amendment Conditions of Confinement Claims: Reynolds v. Powell Introduction The case of Toya Jeffon Reynolds v. Robert Powell, Captain; David Morrey,...

Affirmation of General Motors' Non-Liability in Products Liability Case

Date: Jun 3, 2004

Affirmation of General Motors' Non-Liability in Products Liability Case Introduction In the case of Gregory Cummings and Tracey Cummings v. General Motors Corporation (365 F.3d 944), the United...

Affirmation of Title VII Retaliation Claim Standards and Evidentiary Admissibility in Hertz v. Luzenac America

Date: May 29, 2004

Affirmation of Title VII Retaliation Claim Standards and Evidentiary Admissibility in Hertz v. Luzenac America Introduction In the landmark case of Sanford Lee Hertz v. Luzenac America, Inc., the...

Enhanced Standards for Judicial Recusal: Insights from McCarthey v. Kearns-Tribune, LLC

Date: May 27, 2004

Enhanced Standards for Judicial Recusal: Insights from McCarthey v. Kearns-Tribune, LLC Introduction The case of In re Philip G. McCARTHEY; Thomas K. McCarthey; Sarah J. McCarthey; Shaun P....

Clarifying Substitution of Real Party in Interest under Fed. R. Civ. P. 17(a): Esposito v. United States

Date: May 27, 2004

Clarifying Substitution of Real Party in Interest under Fed. R. Civ. P. 17(a): Esposito v. United States Introduction The case Raymond Elio Esposito v. United States of America, adjudicated by the...

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