10th Circuit Case Commentaries

Competency to Enter a Plea: Insights from Allen v. Mullin, 368 F.3d 1220 (10th Cir. 2004)

Date: May 20, 2004

Competency to Enter a Plea: Insights from Allen v. Mullin Introduction In the landmark case of Garry Thomas Allen v. Mike Mullin, Warden, Oklahoma, 368 F.3d 1220 (10th Cir. 2004), the United States...

Individual Claims Exhaustion Through Class Administrative Complaints Established in Longino v. Potter

Date: May 18, 2004

Individual Claims Exhaustion Through Class Administrative Complaints Established in Longino v. Potter Introduction Longino MONREAL III, et al. v. John E. Potter is a significant case adjudicated by...

Oklahoma's License Plate Visibility Statute Applies to Out-of-State Vehicles: Tenth Circuit Affirms

Date: May 13, 2004

Oklahoma's License Plate Visibility Statute Applies to Out-of-State Vehicles: Tenth Circuit Affirms Introduction In UNITED STATES of America v. Nelly Marguerite Schmitt DeGasso; Mario...

Enhanced Weight Given to Treating Physician's Opinions in Disability Claims: Insights from Robinson v. Barnhart

Date: May 11, 2004

Enhanced Weight Given to Treating Physician's Opinions in Disability Claims: Insights from Robinson v. Barnhart Introduction The case of Rita Robinson v. Jo Anne B. Barnhart, Commissioner of the...

Affirmation of Collateral Estoppel and Rejection of Disparate Treatment in Salguero v. City of Clovis

Date: May 7, 2004

Affirmation of Collateral Estoppel and Rejection of Disparate Treatment in Salguero v. City of Clovis Introduction In the landmark case of Salguero v. City of Clovis, 366 F.3d 1168 (10th Cir. 2004),...

Reinforcing the Weight of Treating Physicians' Opinions in Social Security Disability Claims: Hamlin v. Barnhart

Date: May 5, 2004

Reinforcing the Weight of Treating Physicians' Opinions in Social Security Disability Claims: Hamlin v. Barnhart Introduction Edward Hamlin, the plaintiff-appellant, initiated a legal challenge...

Canine Alerts and Consent: Expanding Probable Cause in Vehicle Searches - United States v. Rosborough Commentary

Date: May 4, 2004

Canine Alerts and Consent: Expanding Probable Cause in Vehicle Searches United States v. Derwlyn Rosborough, 366 F.3d 1145 (10th Cir. 2004) Introduction The case of United States v. Derwlyn...

Tenth Circuit Expands "Piggybacking" Exception in Age Discrimination Claims under the ADEA

Date: May 1, 2004

Tenth Circuit Expands "Piggybacking" Exception in Age Discrimination Claims under the ADEA Introduction In the landmark case of Jim Foster et al. v. Ruhrpumpen, Inc., the United States Court of...

Procedural Due Process in Employment Termination: Insights from Montgomery v. City of Ardmore

Date: Apr 29, 2004

Procedural Due Process in Employment Termination: Insights from Montgomery v. City of Ardmore Introduction Theodore Montgomery v. The City of Ardmore; Gary L. Henry, officially and in his individual...

Establishing Total Exhaustion of Administrative Remedies Under the PLRA: Ross v. Bernalillo County

Date: Apr 29, 2004

Establishing Total Exhaustion of Administrative Remedies Under the PLRA: Ross v. Bernalillo County Introduction The case of Michael Rene Ross v. County of Bernalillo, County of McKinley, Correctional...

Rivera v. City & County of Denver: Affirming Summary Judgment on Lack of Pretext in Discrimination Claims

Date: Apr 28, 2004

Rivera v. City & County of Denver: Affirming Summary Judgment on Lack of Pretext in Discrimination Claims Introduction Edward L. Rivera, an Hispanic male employed by the Wastewater Management...

Tenth Circuit Upholds Employer’s Right to Terminate Based on Attendance Policy, Rejecting Retaliation and FMLA Claims

Date: Apr 24, 2004

Tenth Circuit Upholds Employer’s Right to Terminate Based on Attendance Policy, Rejecting Retaliation and FMLA Claims Introduction The legal case Shirley J. Bones v. Honeywell International, Inc....

Establishing Probable Cause Through Collective Police Knowledge in Suppression Hearings: U.S. v. Miramonted

Date: Apr 22, 2004

Establishing Probable Cause Through Collective Police Knowledge in Suppression Hearings: U.S. v. Miramonted Introduction In the case of United States of America v. Vincente Miramonted, the United...

Reaffirming Probable Cause Standards in Border Patrol Arrests: United States v. Valenzuela

Date: Apr 22, 2004

Reaffirming Probable Cause Standards in Border Patrol Arrests: Insights from United States v. Valenzuela Introduction The case of United States of America v. Luz Maria Valenzuela (365 F.3d 892)...

Morgan v. McCotter: Upholding Standing and Ripeness in Employment Due Process Claims

Date: Apr 22, 2004

Morgan v. McCotter: Upholding Standing and Ripeness in Employment Due Process Claims Introduction Morgan v. McCotter is a seminal case adjudicated by the United States Court of Appeals for the Tenth...

Reasonable Suspicion in Investigatory Detentions: United States v. Johnson

Date: Apr 16, 2004

Reasonable Suspicion in Investigatory Detentions: United States v. Johnson Introduction United States v. Raymond Johnson, 364 F.3d 1185 (10th Cir. 2004), addresses the critical issue of reasonable...

Affirmation of Conspiracy and Possession with Intent to Distribute Marijuana: United States v. Delgado-Uribe

Date: Apr 14, 2004

Affirmation of Conspiracy and Possession with Intent to Distribute Marijuana: United States v. Delgado-Uribe Introduction In United States v. Salvador Delgado-Uribe, the United States Court of...

Rooker-Feldman Doctrine Clarified in Merrill Lynch v. Nudell

Date: Apr 13, 2004

Rooker-Feldman Doctrine Clarified in Merrill Lynch v. Nudell Introduction Merrill Lynch Business Financial Services, Inc. v. Arnold Nudell (363 F.3d 1072, 10th Cir. 2004) is a pivotal case that...

Enhanced Standards for Evaluating Credibility in Disability Claims: Hardman v. Barnhart

Date: Mar 31, 2004

Enhanced Standards for Evaluating Credibility in Disability Claims: Hardman v. Barnhart Introduction Hardman v. Barnhart, 362 F.3d 676 (10th Cir. 2004), is a pivotal case in the realm of disability...

Relation Back Doctrine Under Fed. R. Civ. P. 15(c) in Civil Rights Actions: Insights from Garrett v. Fleming et al.

Date: Mar 31, 2004

Relation Back Doctrine Under Fed. R. Civ. P. 15(c) in Civil Rights Actions: Insights from Garrett v. Fleming et al. Introduction Garrett v. Fleming et al., 362 F.3d 692 (10th Cir. 2004), is a pivotal...

Previous Next