10th Circuit Case Commentaries

Presumption of Prejudice in Appeals: United States v. Snitz

Date: Sep 5, 2003

Presumption of Prejudice in Appeals: United States v. Snitz Introduction United States of America v. Robert J. Snitz, 342 F.3d 1154 (10th Cir. 2003), marks a significant development in appellate law...

Affirmation of Dismissal for Non-Compliance and Discovery Failures in Juvenile Abuse Litigation

Date: Sep 4, 2003

Affirmation of Dismissal for Non-Compliance and Discovery Failures in Juvenile Abuse Litigation Introduction The United States Court of Appeals for the Tenth Circuit, in a decision rendered on...

Adams v. Kinder-Morgan: Reinforcing PSLRA Pleading Standards for Securities Fraud and Control Person Liability

Date: Aug 30, 2003

Adams v. Kinder-Morgan: Reinforcing PSLRA Pleading Standards for Securities Fraud and Control Person Liability Introduction Case: James E. Adams; Stanley R. Lamb; Anthony Vartuli, on behalf of...

Reaffirming Tribal Sovereignty: Tenth Circuit Upholds Immunity from State Fuel Taxation in Winnebago Tribe v. Stovall

Date: Aug 29, 2003

Reaffirming Tribal Sovereignty: Tenth Circuit Upholds Immunity from State Fuel Taxation in Winnebago Tribe v. Stovall Introduction The case of Winnebago Tribe of Nebraska et al. v. Carla J. Stovall...

Doebele v. Sprint: Refining ADA's "Regarded As" Disability and Retaliation Framework

Date: Aug 29, 2003

Doebele v. Sprint: Refining ADA's "Regarded As" Disability and Retaliation Framework Introduction Doebele v. Sprint/United Management Company and Sprint Spectrum, L.P., 342 F.3d 1117 (10th Cir....

Clarifying Culpability Standards in Felony Murder: Tenth Circuit's Affirmation in Workman v. Mullin

Date: Aug 27, 2003

Clarifying Culpability Standards in Felony Murder: Tenth Circuit's Affirmation in Workman v. Mullin Introduction The case of Windel Ray Workman versus Mike Mullin, Warden of the Oklahoma State...

United States v. Da: Clarifying the Bruton Rule and its Implications in Joint Trials

Date: Aug 20, 2003

United States v. Da: Clarifying the Bruton Rule and its Implications in Joint Trials Introduction In the seminal case of United States v. Da, adjudicated by the United States Court of Appeals for the...

Eighth Amendment Accountability for Delegated Supervisory Officials Upheld: Smith v. Cochran

Date: Aug 13, 2003

Eighth Amendment Accountability for Delegated Supervisory Officials Upheld: Smith v. Cochran Introduction The case of Pamela Smith v. Don Cochran addressed significant issues surrounding the...

Admissibility of Crime-Scene Photographs Undermines Fundamental Fairness in Death Penalty Sentencing

Date: Aug 13, 2003

Admissibility of Crime-Scene Photographs Undermines Fundamental Fairness in Death Penalty Sentencing Introduction In the case of Brian Spears and Dudley Powell v. Mike Mullin, Warden, Oklahoma State...

Abrogation of Eleventh Amendment Immunity in Title VII Retaliation Claims: Insights from Crumpacker v. State of Kansas

Date: Aug 9, 2003

Abrogation of Eleventh Amendment Immunity in Title VII Retaliation Claims: Insights from Crumpacker v. State of Kansas Introduction In the appellate case Jill M. Crumpacker v. State of Kansas,...

Comprehensive Commentary on Barnett v. Shidler: Establishing the Holistic Approach to Trade Secret Protection

Date: Aug 7, 2003

Comprehensive Commentary on Barnett v. Shidler: Establishing the Holistic Approach to Trade Secret Protection Introduction In the landmark case of Harvey Barnett, Inc. v. Ann Shidler et al., decided...

Qualified Immunity and Police Use of Deadly Force: Analysis of Carr v. City of Oklahoma City

Date: Aug 5, 2003

Qualified Immunity and Police Use of Deadly Force: Analysis of Carr v. City of Oklahoma City Introduction Carr v. City of Oklahoma City is a pivotal case adjudicated by the United States Court of...

Clarifying 'Adverse Employment Action' under Title VII: The Tenth Circuit's Decision in Stinnett v. Safeway, Inc.

Date: Aug 2, 2003

Clarifying 'Adverse Employment Action' under Title VII: The Tenth Circuit's Decision in Stinnett v. Safeway, Inc. Introduction In Michelle Stinnett v. Safeway, Inc., 337 F.3d 1213 (10th Cir. 2003),...

Establishing ADA Protections in Hiring Practices: Davidson v. America Online, Inc.

Date: Jul 31, 2003

Establishing ADA Protections in Hiring Practices: Davidson v. America Online, Inc. Introduction The case of George M. Davidson v. America Online, Inc. (337 F.3d 1179) serves as a pivotal moment in...

Clarifying the Scope of Collateral Attack Waivers: Application to 18 U.S.C. § 3582(c)(2) Motions

Date: Jul 30, 2003

Clarifying the Scope of Collateral Attack Waivers: Application to 18 U.S.C. § 3582(c)(2) Motions Introduction The case of United States of America v. Jesus Chavez-Salais, adjudicated by the United...

Mandatory Parental Consent for Medical Examinations in Head Start Programs Under Fourth Amendment Protections

Date: Jul 22, 2003

Mandatory Parental Consent for Medical Examinations in Head Start Programs Under Fourth Amendment Protections Introduction The case of Jack Dubbs, et al. v. Head Start, Inc. (336 F.3d 1194)...

10th Circuit Establishes Limits on §301 LMRA Preemption: Remand of Employment Termination Claims to State Court

Date: Jul 17, 2003

10th Circuit Establishes Limits on §301 LMRA Preemption: Remand of Employment Termination Claims to State Court Introduction In the landmark case of Donald Karnes v. The Boeing Company, decided on...

Integration Mandate Under ADA: Oklahoma HCBS Prescription Cap Reversed

Date: Jul 16, 2003

Integration Mandate Under ADA: Oklahoma HCBS Prescription Cap Reversed Introduction The case of Katherine Fisher; Earlee Heath; Karol Loy v. Oklahoma Health Care Authority (335 F.3d 1175) addresses...

A Comprehensive Commentary on United States v. Ringold and Brown

Date: Jul 16, 2003

Affirmation of Consensual Encounters and Voluntary Consent in Vehicle Searches: United States v. Ringold and Brown Introduction United States v. Ringold and Brown, 335 F.3d 1168 (10th Cir. 2003), is...

Establishing Interstate Commerce Basis in Online Child Pornography under 18 U.S.C § 2252: Tenth Circuit Upholds Conviction

Date: Jul 8, 2003

Establishing Interstate Commerce Basis in Online Child Pornography under 18 U.S.C § 2252: Tenth Circuit Upholds Conviction Introduction The case of United States of America v. Randy C. Kimler,...

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