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  • Commentaries
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10th Circuit Case Commentaries

Setoff Rights in Chapter 12 Bankruptcy: Analysis of In re Wesley Allen Myers and Sonja Diane Myers

Setoff Rights in Chapter 12 Bankruptcy: Analysis of In re Wesley Allen Myers and Sonja Diane Myers

Date: Mar 30, 2004
Setoff Rights in Chapter 12 Bankruptcy: Analysis of In re Wesley Allen Myers and Sonja Diane Myers Introduction The case of In re Wesley Allen Myers and Sonja Diane Myers, Debtors, 362 F.3d 667 (10th...
Voluntary Consent in Warrantless Searches: Insights from United States v. Ben Abdenbi

Voluntary Consent in Warrantless Searches: Insights from United States v. Ben Abdenbi

Date: Mar 23, 2004
Voluntary Consent in Warrantless Searches: Insights from United States v. Ben Abdenbi Introduction United States v. Samir Hedi Ben Abdenbi, 361 F.3d 1282 (10th Cir. 2004), addresses critical issues...
Carter v. United States: Reinforcing the Fruit of the Poisonous Tree Doctrine in Consent Searches

Carter v. United States: Reinforcing the Fruit of the Poisonous Tree Doctrine in Consent Searches

Date: Mar 9, 2004
Carter v. United States: Reinforcing the Fruit of the Poisonous Tree Doctrine in Consent Searches Introduction In Carter v. United States, the United States Court of Appeals for the Tenth Circuit...
Affirming Jurisdiction Over Enforceable Appellate Waivers in Criminal Plea Agreements: United States v. Hahn

Affirming Jurisdiction Over Enforceable Appellate Waivers in Criminal Plea Agreements: United States v. Hahn

Date: Mar 5, 2004
Affirming Jurisdiction Over Enforceable Appellate Waivers in Criminal Plea Agreements: United States v. Hahn Introduction United States of America v. Marcus G. Hahn, 359 F.3d 1315 (10th Cir. 2004),...
Affirmation of Denial of Qualified Immunity in §1983 Claims for Malicious Prosecution Due to Fabricated Forensic Evidence

Affirmation of Denial of Qualified Immunity in §1983 Claims for Malicious Prosecution Due to Fabricated Forensic Evidence

Date: Mar 3, 2004
Affirmation of Denial of Qualified Immunity in §1983 Claims for Malicious Prosecution Due to Fabricated Forensic Evidence Introduction In the landmark case of Jeffrey Todd Pierce v. Joyce Gilchrist...
Kelley v. United States: Reinforcing the Adherence to Chapter 7 Policy Statements in Supervised Release Violations

Kelley v. United States: Reinforcing the Adherence to Chapter 7 Policy Statements in Supervised Release Violations

Date: Mar 3, 2004
Kelley v. United States: Reinforcing the Adherence to Chapter 7 Policy Statements in Supervised Release Violations Introduction In UNITED STATES of America v. Harold Kelley, 359 F.3d 1302 (10th Cir....
Affirmation of Corps' §404 Permit Issuance Upholding CWA and NEPA Compliance in Bald Eagle Habitat Protection

Affirmation of Corps' §404 Permit Issuance Upholding CWA and NEPA Compliance in Bald Eagle Habitat Protection

Date: Mar 3, 2004
Affirmation of Corps' §404 Permit Issuance Upholding CWA and NEPA Compliance in Bald Eagle Habitat Protection Introduction The case of Greater Yellowstone Coalition and Jackson Hole Conservation...
Establishing Reliability Standards for Expert Testimony in Product Liability Cases: Insights from Truck Insurance Exchange v. MagneTek, Inc.

Establishing Reliability Standards for Expert Testimony in Product Liability Cases: Insights from Truck Insurance Exchange v. MagneTek, Inc.

Date: Feb 26, 2004
Establishing Reliability Standards for Expert Testimony in Product Liability Cases: Insights from Truck Insurance Exchange v. MagneTek, Inc. 1. Introduction The case of Truck Insurance Exchange, a...
The Tenure Clock and Retaliation Protections: Insights from MEINERS v. UNIVERSITY OF KANSAS

The Tenure Clock and Retaliation Protections: Insights from MEINERS v. UNIVERSITY OF KANSAS

Date: Feb 25, 2004
The Tenure Clock and Retaliation Protections: Insights from MEINERS v. UNIVERSITY OF KANSAS Introduction Dr. Karin Pagel Meiners, Ph.D., Plaintiff-Appellant filed a lawsuit against her former...
Establishing Reasonable Suspicion Standards for Traffic Stops: United States v. Vercher Jr. and Randall Terrell

Establishing Reasonable Suspicion Standards for Traffic Stops: United States v. Vercher Jr. and Randall Terrell

Date: Feb 25, 2004
Establishing Reasonable Suspicion Standards for Traffic Stops: United States v. Vercher Jr. and Randall Terrell Introduction The case of United States of America v. Murnia Reschell Vercher, Jr., and...
Deference to Prison Administrators in Civil Rights Claims: Wirsching v. State of Colorado

Deference to Prison Administrators in Civil Rights Claims: Wirsching v. State of Colorado

Date: Feb 20, 2004
Deference to Prison Administrators in Civil Rights Claims: Wirsching v. State of Colorado Introduction Wirsching v. State of Colorado, 360 F.3d 1191 (10th Cir. 2004), is a pivotal appellate decision...
Qualified Immunity Upholds Dismissal in Academic Misconduct Case: Salehpoor v. Shahinpoor

Qualified Immunity Upholds Dismissal in Academic Misconduct Case: Salehpoor v. Shahinpoor

Date: Feb 19, 2004
Qualified Immunity Upholds Dismissal in Academic Misconduct Case: Salehpoor v. Shahinpoor Introduction In the case of Karim Salehpoor v. Mohsen Shahinpoor et al., decided by the United States Court...
Effective Assistance of Counsel in Immigration Proceedings: Insights from Broomes v. Ashcroft

Effective Assistance of Counsel in Immigration Proceedings: Insights from Broomes v. Ashcroft

Date: Feb 18, 2004
Effective Assistance of Counsel in Immigration Proceedings: Insights from Broomes v. Ashcroft Introduction The case Errol L. Broomes v. John Ashcroft, Attorney General, alongside Asfaw Mekonnen Abtew...
Reliability of Hearsay Evidence and Confidential Informants in Search Warrant Issuance: United States v. Mathis

Reliability of Hearsay Evidence and Confidential Informants in Search Warrant Issuance: United States v. Mathis

Date: Feb 12, 2004
Reliability of Hearsay Evidence and Confidential Informants in Search Warrant Issuance: United States v. Mathis Introduction In the landmark case of United States v. Douglas Victor Mathis,...
Balancing Discovery and Privacy in Title IX Litigation: Insights from Simpson v. University of Colorado

Balancing Discovery and Privacy in Title IX Litigation: Insights from Simpson v. University of Colorado

Date: Feb 11, 2004
Balancing Discovery and Privacy in Title IX Litigation: Insights from Simpson v. University of Colorado Introduction In the landmark case of Lisa Simpson v. University of Colorado (220 F.R.D. 354),...
Clarifying the Agricultural Exemption Under the Fair Labor Standards Act: Insights from Rodriguez v. Whiting Farms

Clarifying the Agricultural Exemption Under the Fair Labor Standards Act: Insights from Rodriguez v. Whiting Farms

Date: Feb 11, 2004
Clarifying the Agricultural Exemption Under the Fair Labor Standards Act: Insights from Rodriguez v. Whiting Farms Introduction In the landmark case of Rodriguez v. Whiting Farms, Inc., the United...
Affidavits with Misleading Statements Valid When Probable Cause Persists; No-Knock Entry Justified on Felon’s History - United States v. Colonna

Affidavits with Misleading Statements Valid When Probable Cause Persists; No-Knock Entry Justified on Felon’s History - United States v. Colonna

Date: Feb 10, 2004
Affidavits with Misleading Statements Valid When Probable Cause Persists; No-Knock Entry Justified on Felon’s History Introduction In the case of United States of America v. Jack Neil Colonna, 360...
Tenth Circuit Clarifies Applicability of 7 U.S.C. §1926: Upholding Rural Water District's Exclusive Service Rights Against Municipal Encroachment

Tenth Circuit Clarifies Applicability of 7 U.S.C. §1926: Upholding Rural Water District's Exclusive Service Rights Against Municipal Encroachment

Date: Feb 7, 2004
Tenth Circuit Clarifies Applicability of 7 U.S.C. §1926: Upholding Rural Water District's Exclusive Service Rights Against Municipal Encroachment Introduction The case of PITTSBURG COUNTY RURAL WATER...
Tenth Circuit Reinforces Rigorous Standards for Medical-Vocational Guidelines in Disability Benefit Appeals

Tenth Circuit Reinforces Rigorous Standards for Medical-Vocational Guidelines in Disability Benefit Appeals

Date: Feb 5, 2004
Tenth Circuit Reinforces Rigorous Standards for Medical-Vocational Guidelines in Disability Benefit Appeals Introduction In the landmark case of Thomas Joel Allen v. Jo Anne B. Barnhart, decided on...
Reaffirmation and Refinement of the Brunner Test for Undue Hardship in Student Loan Discharge – Educational Credit Management Corporation v. Polleys

Reaffirmation and Refinement of the Brunner Test for Undue Hardship in Student Loan Discharge – Educational Credit Management Corporation v. Polleys

Date: Feb 5, 2004
Reaffirmation and Refinement of the Brunner Test for Undue Hardship in Student Loan Discharge Introduction In the landmark case of Educational Credit Management Corporation (ECMC) v. Nancy Jane...
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