10th Circuit Case Commentaries

Establishing Standing to Challenge Vehicle Searches: Insights from United States v. Valdez Hocker

Date: Jun 27, 2003

Establishing Standing to Challenge Vehicle Searches: Insights from United States v. Valdez Hocker Introduction United States v. Jesus Valdez Hocker, 333 F.3d 1206 (10th Cir. 2003), is a pivotal case...

Reversing Dismissal of In Forma Pauperis Plaintiff: Insights from Olsen v. Mapes et al.

Date: Jun 27, 2003

Reversing Dismissal of In Forma Pauperis Plaintiff: Insights from Olsen v. Mapes et al. Introduction In the appellate case of Tom Olsen and Naomi Olsen, Plaintiffs-Appellants, v. Paul Mapes; Robert...

Affirmation of Exhaustion Requirement for §1983 Claims in Private Prisons: Beaudry v. Corrections Corporation of America

Date: Jun 18, 2003

Affirmation of Exhaustion Requirement for §1983 Claims in Private Prisons: Beaudry v. Corrections Corporation of America Introduction In the landmark case of Beaudry v. Corrections Corporation of...

Affirmation of Qualified Immunity and Clarification on Excessive Force in Christiansen v. City of Tulsa

Date: Jun 17, 2003

Affirmation of Qualified Immunity and Clarification on Excessive Force in Christiansen v. City of Tulsa Introduction Christiansen v. City of Tulsa, 332 F.3d 1270 (10th Cir. 2003), is a pivotal case...

Criteria for Treating Physician’s Opinions in SSI Disability Determinations

Date: Jun 11, 2003

Criteria for Treating Physician’s Opinions in SSI Disability Determinations Introduction The case of Pauline Doyal v. Jo Anne B. Barnhart, decided by the United States Court of Appeals for the Tenth...

Employment Termination and Racial Discrimination: Burns v. Board of County Commissioners of Jackson County

Date: Jun 4, 2003

Employment Termination and Racial Discrimination: Burns v. Board of County Commissioners of Jackson County Introduction The case of Rick D. Burns v. Board of County Commissioners of Jackson County,...

Enforceability of Arbitration Agreements in Context of Mental Capacity: Tenth Circuit's Affirmation

Date: Jun 4, 2003

Enforceability of Arbitration Agreements in Context of Mental Capacity: Tenth Circuit's Affirmation Introduction In the case of William J. Spahr, by and through his co-conservators Steven D. Spahr...

Enhancing Procedural Fairness in Disability Benefit Assessments: Angel v. Barnhart

Date: May 31, 2003

Enhancing Procedural Fairness in Disability Benefit Assessments: Angel v. Barnhart Introduction Sarah Angel, the plaintiff-appellant, challenged the denial of her applications for Disability...

Strengthened Objective Consumer Expectations Standard in Utah Strict Products Liability: The Tenth Circuit's Affirmation in Brown v. Sears

Date: May 15, 2003

Strengthened Objective Consumer Expectations Standard in Utah Strict Products Liability: The Tenth Circuit's Affirmation in Brown v. Sears Introduction The case of Chani Brown, individually and as...

Limitation of the Commercial Activity Exception under FSIA: SOUTHWAY v. CENTRAL BANK OF NIGERIA

Date: May 14, 2003

Limitation of the Commercial Activity Exception under the Foreign Sovereign Immunities Act: SOUTHWAY v. CENTRAL BANK OF NIGERIA Introduction The case of Southway T. Southway, Douglas Houghton, and...

De Novo Review Mandated for "Deemed Denials" in ERISA Claims: Gilbertson v. AlliedSignal

Date: May 7, 2003

De Novo Review Mandated for "Deemed Denials" in ERISA Claims: Gilbertson v. AlliedSignal Introduction Gilbertson v. AlliedSignal, Inc. and Life Insurance Company of North America, 328 F.3d 625 (10th...

Reaffirmation of Limited Taxpayer Standing and Eleventh Amendment Protections in State Bond Issuance Cases

Date: May 7, 2003

Reaffirmation of Limited Taxpayer Standing and Eleventh Amendment Protections in State Bond Issuance Cases Introduction The case of A.E. Higganbotham v. State of Oklahoma presents a significant...

United States v. Cisneros: Affirming District Courts' Authority to Revoke Magistrate Judges' Release Orders under the Bail Reform Act

Date: May 7, 2003

United States v. Cisneros: Affirming District Courts' Authority to Revoke Magistrate Judges' Release Orders under the Bail Reform Act Introduction United States v. Lorena Cisneros, 328 F.3d 610 (10th...

Roska v. Peterson: Affirming Parental Due Process Rights in Child Custody Proceedings

Date: Apr 30, 2003

Roska v. Peterson: Affirming Parental Due Process Rights in Child Custody Proceedings Introduction In Roska v. Peterson, 328 F.3d 1230 (10th Cir. 2003), the United States Court of Appeals for the...

Qualified Immunity in Prison Officials: Verdecia v. Adams et al. (10th Cir. 2003)

Date: Apr 30, 2003

Qualified Immunity in Prison Officials: Verdecia v. Adams et al. (10th Cir. 2003) Introduction Heriberto Verdecia v. Officer Adams, U.S.P., Florence, CO; D. Pruyne, Officer, U.S.P., Florence, CO;...

Affirmation of Default Judgment Enforcement and Supplemental Jurisdiction in Discovery Sanctions: OLCOTT v. DELAWARE FLOOD CO.

Date: Apr 25, 2003

Affirmation of Default Judgment Enforcement and Supplemental Jurisdiction in Discovery Sanctions: OLCOTT v. DELAWARE FLOOD COmpany Introduction The case of Bernard OLCOTT v. DELAWARE FLOOD COmpany...

Affirming the Federal Prosecution of Bribery under the Travel Act: A Comprehensive Analysis of United States v. Welch and Johnson

Date: Apr 23, 2003

Affirming the Federal Prosecution of Bribery under the Travel Act: A Comprehensive Analysis of United States v. Welch and Johnson Introduction The case of United States of America v. Thomas K. Welch...

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10th Circuit Case Commentaries

Establishing Standing to Challenge Vehicle Searches: Insights from United States v. Valdez Hocker

Reversing Dismissal of In Forma Pauperis Plaintiff: Insights from Olsen v. Mapes et al.

Affirmation of Exhaustion Requirement for §1983 Claims in Private Prisons: Beaudry v. Corrections Corporation of America

Affirmation of Qualified Immunity and Clarification on Excessive Force in Christiansen v. City of Tulsa

Criteria for Treating Physician’s Opinions in SSI Disability Determinations

Employment Termination and Racial Discrimination: Burns v. Board of County Commissioners of Jackson County

Enforceability of Arbitration Agreements in Context of Mental Capacity: Tenth Circuit's Affirmation

Enhancing Procedural Fairness in Disability Benefit Assessments: Angel v. Barnhart

Strengthened Objective Consumer Expectations Standard in Utah Strict Products Liability: The Tenth Circuit's Affirmation in Brown v. Sears

Limitation of the Commercial Activity Exception under FSIA: SOUTHWAY v. CENTRAL BANK OF NIGERIA

De Novo Review Mandated for "Deemed Denials" in ERISA Claims: Gilbertson v. AlliedSignal

Reaffirmation of Limited Taxpayer Standing and Eleventh Amendment Protections in State Bond Issuance Cases

United States v. Cisneros: Affirming District Courts' Authority to Revoke Magistrate Judges' Release Orders under the Bail Reform Act

Roska v. Peterson: Affirming Parental Due Process Rights in Child Custody Proceedings

Qualified Immunity in Prison Officials: Verdecia v. Adams et al. (10th Cir. 2003)

Affirmation of Default Judgment Enforcement and Supplemental Jurisdiction in Discovery Sanctions: OLCOTT v. DELAWARE FLOOD CO.

Affirming the Federal Prosecution of Bribery under the Travel Act: A Comprehensive Analysis of United States v. Welch and Johnson

Reaffirming the Gatekeeper Role: Daubert Standard in DODGE v. COTTER CORP.

Retaliation under Title VII: Causation and Adverse Actions Reexamined in Wells v. Colorado DOT

Affirmation of First-Degree Murder Conviction: Tenth Circuit Reverses Habeas Corpus Relief in Darks v. Mullin