10th Circuit Case Commentaries

Affirmation of Habeas Corpus Standards Under AEDPA in Torres v. Mullin

Date: Jan 24, 2003

Affirmation of Habeas Corpus Standards Under AEDPA in Torres v. Mullin, 317 F.3d 1145 (10th Cir. 2003) Introduction Osbaldo Torres, the petitioner-appellant, was convicted by an Oklahoma jury of two...

Equitable Tolling in Habeas Corpus Petitions: A Comprehensive Analysis of Burger v. Scott

Date: Jan 16, 2003

Equitable Tolling in Habeas Corpus Petitions: A Comprehensive Analysis of Burger v. Scott Introduction The case of Derek D. Burger v. H.N. Scott, adjudicated by the United States Court of Appeals for...

Expectation of Privacy for Social Guests and Exigent Circumstances in Methamphetamine Manufacturing Cases

Date: Jan 15, 2003

Expectation of Privacy for Social Guests and Exigent Circumstances in Methamphetamine Manufacturing Cases Introduction In United States v. Joel Dean Rhiger, 315 F.3d 1283 (10th Cir. 2003), the United...

Limiting Vicarious Liability under the Lanham Act: Procter & Gamble Co. v. Haugen

Date: Jan 7, 2003

Limiting Vicarious Liability under the Lanham Act: Procter & Gamble Co. v. Haugen Introduction In the landmark case The Procter & Gamble Company v. Randy L. Haugen, adjudicated by the United States...

Equitable Tolling in Federal Habeas Corpus Petitions: York v. GaLetka

Date: Jan 3, 2003

Equitable Tolling in Federal Habeas Corpus Petitions: York v. GaLetka Introduction Donald William York v. Hank GaLetka, 314 F.3d 522 (10th Cir. 2003), is a seminal case addressing the application of...

Preferential Transfer and Financial Conduit: Insights from In re Wayne R. Ogden

Date: Dec 31, 2002

Preferential Transfer and Financial Conduit: Insights from In re Wayne R. Ogden Introduction The case of In re Wayne R. Ogden, Debtor. Steven R. Bailey, Trustee of the Estate of Wayne R. Ogden,...

Tenth Circuit Upholds Class Action Settlement Approval Despite Objector Appeals

Date: Dec 25, 2002

Tenth Circuit Upholds Class Action Settlement Approval Despite Objector Appeals Introduction In the landmark case of Rutter Wilbanks Corp. v. Shell Oil Co. (314 F.3d 1180, 2002), the United States...

Tenth Circuit Clarifies Interpretation of Forum Selection Clauses: Mandatory vs Permissive

Date: Dec 24, 2002

Tenth Circuit Clarifies Interpretation of Forum Selection Clauses: Mandatory vs Permissive Introduction The case of K V Scientific Co., Inc. v. Bayerische Motoren Werke Aktiengesellschaft (BMW)...

Claim Preclusion in Employment Litigation: Insights from Wilkes v. Wyoming Department of Employment Division of Labor Standards

Date: Dec 24, 2002

Claim Preclusion in Employment Litigation: Insights from Wilkes v. Wyoming Department of Employment Division of Labor Standards Introduction The case of Lorna Wilkes v. Wyoming Department of...

Establishing Standards for Ineffective Assistance of Counsel in Capital Sentencing: Hooper v. Mullin

Date: Dec 20, 2002

Establishing Standards for Ineffective Assistance of Counsel in Capital Sentencing: Hooper v. Mullin Introduction The case of Michael Edward Hooper v. Mike Mullin, Warden, Oklahoma State Penitentiary...

Rooker-Feldman Doctrine Enforced Against Intertwined Federal Claims in KENMEN ENGINEERING v. CITY OF UNION

Date: Dec 18, 2002

Rooker-Feldman Doctrine Enforced Against Intertwined Federal Claims in KENMEN ENGINEERING v. CITY OF UNION Introduction The case KENMEN ENGINEERING, a partnership composed of Kenneth Miles and Ken...

Defining Employer under the ADA: County Board of Commissioners Lacks Duty to Sheriff's Employees

Date: Dec 13, 2002

Defining Employer under the ADA: County Board of Commissioners Lacks Duty to Sheriff's Employees Introduction The case of Gary Bristol v. Board of County Commissioners of Clear Creek County addresses...

Deliberate Indifference to Mental Health Conditions: Insights from Olsen v. Layton Hills Mall

Date: Dec 12, 2002

Deliberate Indifference to Mental Health Conditions: Insights from Olsen v. Layton Hills Mall Introduction Carl Kipp Olsen and his family filed a lawsuit against multiple defendants, including...

Gallegos v. United States: Reinforcing the "Knock and Announce" Requirement under 18 U.S.C. § 3109

Date: Dec 12, 2002

Gallegos v. United States: Reinforcing the "Knock and Announce" Requirement under 18 U.S.C. § 3109 Introduction In the landmark case United States v. Gallegos, 314 F.3d 456 (10th Cir. 2002), the...

Reaffirming Procedural Safeguards in Summary Judgment: Murray v. City of Tahlequah

Date: Dec 7, 2002

Reaffirming Procedural Safeguards in Summary Judgment: Murray v. City of Tahlequah Introduction In Murray v. City of Tahlequah, 312 F.3d 1196 (10th Cir. 2002), the United States Court of Appeals for...

Reed v. Nellcor Puritan Bennett: Upholding Federal Standards in Summary Judgment Procedures

Date: Dec 7, 2002

Reed v. Nellcor Puritan Bennett: Upholding Federal Standards in Summary Judgment Procedures Introduction The case of Mariah V. Reed v. Nellcor Puritan Bennett (312 F.3d 1190) adjudicated by the...

Affirmation of Dismissal Sanctions for Attorney Noncompliance: Roger D. Gripe v. City of Enid

Date: Dec 5, 2002

Affirmation of Dismissal Sanctions for Attorney Noncompliance: Roger D. Gripe v. City of Enid Introduction The case of Roger D. Gripe versus the City of Enid, Oklahoma deliberated on the...

Requirement of Specific Special Damages in Utah Defamation Law: Insights from Computerized Thermal Imaging, Inc. v. Bloomberg, L.P.

Date: Nov 27, 2002

Requirement of Specific Special Damages in Utah Defamation Law: Insights from Computerized Thermal Imaging, Inc. v. Bloomberg, L.P. Introduction In the landmark case of Computerized Thermal Imaging,...

Mandamus Relief in Enforcement of Zoning Ordinances: County of Santa Fe v. Public Service Co. of New Mexico

Date: Nov 27, 2002

Mandamus Relief in Enforcement of Zoning Ordinances: County of Santa Fe v. Public Service Co. of New Mexico Introduction The case of County of Santa Fe, New Mexico, v. Public Service Company of New...

Prosecutorial Misconduct and Ineffective Assistance of Counsel under AEDPA: A Comprehensive Commentary on Le v. Mullin

Date: Nov 27, 2002

Prosecutorial Misconduct and Ineffective Assistance of Counsel under AEDPA: A Comprehensive Commentary on Le v. Mullin (311 F.3d 1002) Introduction The appellate case of Hung Thanh Le v. Mike Mullin,...

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