10th Circuit Case Commentaries

Enforcement of Filing Fee Obligations Under PLRA: Cosby v. Meadors

Date: Dec 11, 2003

Enforcement of Filing Fee Obligations Under PLRA: Cosby v. Meadors Introduction Gregory D. Cosmo Cosby v. N.R. Meadors, Associate Warden Custody (USP) is a pivotal case adjudicated by the United...

Timeliness of Federal Habeas Petitions Under AEDPA: Insights from Garcia v. Shanks

Date: Dec 10, 2003

Timeliness of Federal Habeas Petitions Under AEDPA: Insights from Garcia v. Shanks Introduction Garcia v. Shanks, 351 F.3d 468 (10th Cir. 2003), is a pivotal case in the context of federal habeas...

Qualified Immunity in Sexual Harassment §1983 Claims and the Continuing Violation Doctrine under the Colorado Governmental Immunity Act: A Comprehensive Analysis of Maestas v. Lujan

Date: Nov 27, 2003

Qualified Immunity in Sexual Harassment §1983 Claims and the Continuing Violation Doctrine under the Colorado Governmental Immunity Act: A Comprehensive Analysis of Maestas v. Lujan Introduction...

Affirmation of Wiretap Necessity and Fourth Amendment Protections in United States v. Cline

Date: Nov 22, 2003

Affirmation of Wiretap Necessity and Fourth Amendment Protections in United States v. Cline Introduction United States of America v. Timothy Jay Cline, 349 F.3d 1276 (10th Cir. 2003), presents a...

Affirmation of Summary Judgment in Failure-to-Promote Race Discrimination Claim under McDonnell Douglas Framework

Date: Nov 21, 2003

Affirmation of Summary Judgment in Failure-to-Promote Race Discrimination Claim under McDonnell Douglas Framework Introduction The case of Lisa Y. Jones v. Jo Anne B. Barnhart, Commissioner of Social...

Tenth Circuit Defines RICO Predicate Acts: Mail and Wire Fraud Recognized, Extortion via Abusive Litigation Rejected

Date: Nov 18, 2003

Tenth Circuit Defines RICO Predicate Acts: Mail and Wire Fraud Recognized, Extortion via Abusive Litigation Rejected Introduction The United States Court of Appeals for the Tenth Circuit, in the case...

Judicial Clarification on Standing and Class Certification in Due Process Claims: Rector v. City and County of Denver

Date: Nov 7, 2003

Judicial Clarification on Standing and Class Certification in Due Process Claims: Rector v. City and County of Denver Introduction In the landmark case Rector and Spencer v. City and County of...

Ordinance Limiting Nudity in Sexually Oriented Businesses Upheld: Comprehensive Analysis of Heidemann v. South Salt Lake City

Date: Nov 5, 2003

Ordinance Limiting Nudity in Sexually Oriented Businesses Upheld: Comprehensive Analysis of Heidemann v. South Salt Lake City Introduction In the case of Flona M. Heideman et al. v. South Salt Lake...

Consent and Detention During Traffic Stops: Insights from United States v. Manjarrez

Date: Nov 5, 2003

Consent and Detention During Traffic Stops: Insights from United States v. Manjarrez Introduction In the landmark case of United States v. Sergio Antonio Manjarrez, adjudicated by the United States...

Enhanced Standards for Inventory Searches: United States v. Tueller

Date: Nov 5, 2003

Enhanced Standards for Inventory Searches: United States v. Tueller Introduction In United States v. Tueller, 349 F.3d 1239 (10th Cir. 2003), the United States Court of Appeals for the Tenth Circuit...

Affirming Voluntary Consent as a Valid Basis for Warrantless Vehicle Searches under the Fourth Amendment

Date: Nov 1, 2003

Affirming Voluntary Consent as a Valid Basis for Warrantless Vehicle Searches under the Fourth Amendment Introduction The case of United States of America v. David Richard Taverna, adjudicated by the...

Waiver of Appellate Rights in Plea Agreements: Insights from U.S. v. Edgar

Date: Oct 31, 2003

Waiver of Appellate Rights in Plea Agreements: Insights from U.S. v. Edgar Introduction United States of America v. Glenn Dwayne Edgar is a significant case adjudicated by the United States Court of...

Collective Knowledge and Reasonable Suspicion in Traffic Stops: Analysis of United States v. Cervine

Date: Oct 23, 2003

Collective Knowledge and Reasonable Suspicion in Traffic Stops: Analysis of United States v. Cervine Introduction In United States v. Cervine, 347 F.3d 865 (10th Cir. 2003), the United States Court...

Strengthening the Gatekeeper Duty: Expert Testimony Admissibility under Daubert in Goebel v. Denver & Rio Grande Western Railroad

Date: Oct 10, 2003

Strengthening the Gatekeeper Duty: Expert Testimony Admissibility under Daubert in Goebel v. Denver & Rio Grande Western Railroad Introduction The case of Richard W. Goebel v. The Denver and Rio...

Claudia Croy v. COBE Laboratories: Establishing Limits on Continuing Violations Doctrine under ADA and Title VII

Date: Oct 4, 2003

Claudia Croy v. COBE Laboratories: Establishing Limits on Continuing Violations Doctrine under ADA and Title VII Introduction Claudia Croy v. COBE Laboratories, Inc. is a pivotal case adjudicated by...

Marshall v. Columbia Lea Regional Hospital: Establishing New Standards for Equal Protection and Fourth Amendment Claims in Racial Traffic Stops

Date: Sep 30, 2003

Marshall v. Columbia Lea Regional Hospital: Establishing New Standards for Equal Protection and Fourth Amendment Claims in Racial Traffic Stops Introduction The case of Jimmie Marshall v. Columbia...

United States v. Andre Curtis: Affirmation of the Broad Interstate Commerce Scope under the Hobbs Act and Valid Identification Practices

Date: Sep 18, 2003

United States v. Andre Curtis: Affirmation of the Broad Interstate Commerce Scope under the Hobbs Act and Valid Identification Practices Introduction United States v. Andre Curtis, 344 F.3d 1057...

Affirmation of Tribal Indispensability in Seminole Nation Discrimination Case

Date: Sep 11, 2003

Affirmation of Tribal Indispensability in Seminole Nation Discrimination Case Introduction Syl v. a Da, 343 F.3d 1282 (10th Cir. 2003), is a significant appellate decision addressing the intersection...

Affirmation of Whistleblower Protections and the Right to Punitive Damages in Retaliation Cases: Youren v. Tintic School District

Date: Sep 11, 2003

Affirmation of Whistleblower Protections and the Right to Punitive Damages in Retaliation Cases: Youren v. Tintic School District Introduction Debra Youren v. Tintic School District, 343 F.3d 1296...

Enforcing Arbitration Clauses and Jurisdictional Amounts: Insights from Woodmen of the World v. Manganaro et al.

Date: Sep 10, 2003

Enforcing Arbitration Clauses and Jurisdictional Amounts: Insights from Woodmen of the World v. Manganaro et al. Introduction In the landmark case Woodmen of the World Life Insurance Society v....

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