10th Circuit Case Commentaries

Application of Daubert Standards in Excluding Causation Expert Testimony: Miller v. Pfizer

Date: Feb 5, 2004

Application of Daubert Standards in Excluding Causation Expert Testimony: Miller v. Pfizer Introduction Miller v. Pfizer is a pivotal case adjudicated by the United States Court of Appeals for the...

Dischargeability of Fraudulent Debts Under 11 U.S.C. § 523(a)(6): Insights from In re Larry Preston Moore

Date: Feb 4, 2004

Dischargeability of Fraudulent Debts Under 11 U.S.C. § 523(a)(6): Insights from In re Larry Preston Moore Introduction The case of In re Larry Preston Moore, Debtor. Steve v. Panalis; Cathy Panalis,...

Expansion of Compelled Speech Protections in University Curricula: Axson-Flynn v. Johnson

Date: Feb 4, 2004

Expansion of Compelled Speech Protections in University Curricula: Axson-Flynn v. Johnson Introduction In the landmark case Christina Axson-Flynn v. Xan Johnson, the United States Court of Appeals...

Reevaluation of ADA Disability Criteria in Employment Disputes: The Tenth Circuit's Ruling in Albert v. Smith's Food Drug Centers

Date: Jan 30, 2004

Reevaluation of ADA Disability Criteria in Employment Disputes: The Tenth Circuit's Ruling in Albert v. Smith's Food Drug Centers Introduction The case of Victoria Albert v. Smith's Food Drug...

Clarifying the Threshold for Irreparable Harm in Exclusivity Clause Breaches: Dominion Video Satellite, Inc. v. EchoStar Satellite Corporation

Date: Jan 30, 2004

Clarifying the Threshold for Irreparable Harm in Exclusivity Clause Breaches: Dominion Video Satellite, Inc. v. EchoStar Satellite Corporation Introduction The case of Dominion Video Satellite, Inc.,...

Establishing the Boundaries of Retaliation and Constructive Discharge Under Title VII: Tenth Circuit in TRAN v. Trustees of State Colleges

Date: Jan 28, 2004

Establishing the Boundaries of Retaliation and Constructive Discharge Under Title VII: Tenth Circuit in TRAN v. Trustees of State Colleges Introduction The case of Hanh Ho Tran v. Trustees of the...

Miller v. Mullin: Upholding AEDPA Standards and Prosecutorial Conduct in Habeas Corpus Relief

Date: Jan 22, 2004

Miller v. Mullin: Upholding AEDPA Standards and Prosecutorial Conduct in Habeas Corpus Relief Introduction George James Miller, a convicted inmate, appealed the decision of the United States District...

Summary Affirmance in Immigration Appeals: Upholding Due Process and Administrative Law Principles

Date: Jan 21, 2004

Summary Affirmance in Immigration Appeals: Upholding Due Process and Administrative Law Principles Introduction In the case of Hang Kannha Yuk, Sok Samnang Nhim, Thy Korng, Horn Yuk, and Sinoun Keth...

Establishing Appeal Rights for Objecting Class Members in Bankruptcy Class Actions: Insights from IN RE INTEGRA REALTY RESOURCES, INC.

Date: Jan 15, 2004

Establishing Appeal Rights for Objecting Class Members in Bankruptcy Class Actions: Insights from IN RE INTEGRA REALTY RESOURCES, INC. Introduction The case of IN RE INTEGRA REALTY RESOURCES, INC....

Physical Attendance as an Essential Function: ADA Accommodation Limits in Mason v. Avaya Communications

Date: Jan 14, 2004

Physical Attendance as an Essential Function: ADA Accommodation Limits in Mason v. Avaya Communications Introduction The landmark case Diane M. Mason v. Avaya Communications, Inc., decided by the...

Classification of Non-Convicted Individuals as Sex Offenders: Due Process Considerations in Ke v. Gwinn

Date: Jan 13, 2004

Classification of Non-Convicted Individuals as Sex Offenders: Due Process Considerations in Ke v. Gwinn Introduction Ke v. Gwinn, 354 F.3d 1211 (10th Cir. 2004), presents a pivotal case addressing...

Balancing Fair Membership in Resource Advisory Councils: Insights from Colorado Environmental Coalition v. BLM

Date: Jan 8, 2004

Balancing Fair Membership in Resource Advisory Councils: Insights from Colorado Environmental Coalition v. BLM Introduction The case of Colorado Environmental Coalition; Colorado Mountain Club; Sarah...

Establishing Prejudice in Deportation Proceedings: United States v. Aguirre-Tello (353 F.3d 1199)

Date: Jan 7, 2004

Establishing Prejudice in Deportation Proceedings: United States v. Aguirre-Tello (353 F.3d 1199) Introduction The case of United States of America, Plaintiff-Appellant, v. Ricardo Aguirre-Tello,...

Threet v. Barnhart: Establishing Standards for Closed Disability Periods under Social Security Law

Date: Jan 1, 2004

Threet v. Barnhart: Establishing Standards for Closed Disability Periods under Social Security Law Introduction In Threet v. Barnhart, the United States Court of Appeals for the Tenth Circuit...

Employment Discrimination and Front Pay: Comprehensive Analysis of Abuan v. Level 3 Communications (10th Cir. 2003)

Date: Dec 31, 2003

Employment Discrimination and Front Pay: Comprehensive Analysis of Abuan v. Level 3 Communications (10th Cir. 2003) Introduction John Abuan, a seasoned telecommunications professional of Hispanic and...

Mandatory Exhaustion of Administrative Remedies under PLRA: Insights from Steele v. Federal Bureau of Prisons

Date: Dec 30, 2003

Mandatory Exhaustion of Administrative Remedies under PLRA: Insights from Steele v. Federal Bureau of Prisons Introduction Victor Steele, a federal prisoner, filed a lawsuit against the Federal...

Issa v. COMP USA: Enhanced Procedural Safeguards for Dismissing Complaint Motions under Fed.R.Civ.P. 12(b)(6)

Date: Dec 25, 2003

Issa v. COMP USA: Enhanced Procedural Safeguards for Dismissing Complaint Motions under Fed.R.Civ.P. 12(b)(6) Introduction Issa v. COMP USA is a pivotal decision by the United States Court of Appeals...

Establishing Plaintiff's Burden to Prove Safer Alternative Design in Strict Liability Cases: Wankier v. Crown Equipment Corp.

Date: Dec 24, 2003

Establishing Plaintiff's Burden to Prove Safer Alternative Design in Strict Liability Cases: Wankier v. Crown Equipment Corp. Introduction The case of Paula Wankier v. Crown Equipment Corporation,...

Enhanced Liability Standards for Pharmaceutical Warnings: Ste v. Thom

Date: Dec 23, 2003

Enhanced Liability Standards for Pharmaceutical Warnings: Ste v. Thom Introduction In the landmark case of Ste v. Thom, heard by the United States Court of Appeals for the Tenth Circuit on December...

Tenth Circuit Clarifies CGIA Notice Requirements and Interlocutory Appeal Jurisdiction in Governmental Immunity Cases

Date: Dec 23, 2003

Tenth Circuit Clarifies CGIA Notice Requirements and Interlocutory Appeal Jurisdiction in Governmental Immunity Cases Introduction In the case of ASPEN ORTHOPAEDICS SPORTS MEDICINE, LLC, et al. v....

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