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10th Circuit Case Commentaries

Equitable Tolling in CSRA Employment Discrimination Actions: Insights from Montoya v. Chao

Equitable Tolling in CSRA Employment Discrimination Actions: Insights from Montoya v. Chao

Date: Jul 12, 2002
Equitable Tolling in CSRA Employment Discrimination Actions: Insights from Montoya v. Chao Introduction Montoya v. Chao is a pivotal case adjudicated by the United States Court of Appeals for the...
Affirmation of Absolute Immunity for Judicial Clerks in Entry of Default Judgments

Affirmation of Absolute Immunity for Judicial Clerks in Entry of Default Judgments

Date: Jul 11, 2002
Affirmation of Absolute Immunity for Judicial Clerks in Entry of Default Judgments Introduction In the case of Holli Lundahl v. Zimmer and York, adjudicated by the United States Court of Appeals for...
Affirmation of Firearm Possession and Drug Trafficking Convictions Under § 924(c)(1)

Affirmation of Firearm Possession and Drug Trafficking Convictions Under § 924(c)(1)

Date: Jul 10, 2002
Affirmation of Firearm Possession and Drug Trafficking Convictions Under § 924(c)(1) Introduction In the case of United States of America v. Jonathan Avery, decided on July 9, 2002, the United States...
Residency Requirements for National Guard Officers Violate the Privileges and Immunities Clause: Nelson and Dillon v. Geringer

Residency Requirements for National Guard Officers Violate the Privileges and Immunities Clause: Nelson and Dillon v. Geringer

Date: Jul 4, 2002
Residency Requirements for National Guard Officers Violate the Privileges and Immunities Clause: Nelson and Dillon v. Geringer Introduction The case of Barbara Jenenne Nelson and Howard Arthur...
Affirmation of ERISA Plan Administrator's Discretion in Disability Benefit Denials: Nance v. Sun Life

Affirmation of ERISA Plan Administrator's Discretion in Disability Benefit Denials: Nance v. Sun Life

Date: Jul 3, 2002
Affirmation of ERISA Plan Administrator's Discretion in Disability Benefit Denials: Nance v. Sun Life Introduction In Bryan K. Nance v. Sun Life Assurance Company of Canada, 294 F.3d 1263 (10th Cir....
Defining Standings in §1981 and §1982 Claims: Insights from The GUIDES, LTD. v. Yarmouth Group

Defining Standings in §1981 and §1982 Claims: Insights from The GUIDES, LTD. v. Yarmouth Group

Date: Jul 3, 2002
Defining Standings in §1981 and §1982 Claims: Insights from The GUIDES, LTD. v. Yarmouth Group Introduction In the landmark case of The GUIDES, LTD., doing business as The Africa House; and Tseghe...
Affirmation of Hobbs Act Conviction Based on De Minimis Impact on Interstate Commerce: United States v. Toles

Affirmation of Hobbs Act Conviction Based on De Minimis Impact on Interstate Commerce: United States v. Toles

Date: Jun 26, 2002
Affirmation of Hobbs Act Conviction Based on De Minimis Impact on Interstate Commerce: United States v. Toles Introduction In United States v. Elliot C. Toles, 297 F.3d 959 (10th Cir. 2002), the...
Enhancement and Departure in Federal Sentencing: Insights from United States v. Hurlich

Enhancement and Departure in Federal Sentencing: Insights from United States v. Hurlich

Date: Jun 22, 2002
Enhancement and Departure in Federal Sentencing: Insights from United States v. Hurlich Introduction United States v. Quentin Hurlich (293 F.3d 1223), adjudicated by the United States Court of...
Mandating Thorough NEPA and §4(f) Compliance: Tenth Circuit's Comprehensive Judgment in Davis Appellants v. Department of Transportation

Mandating Thorough NEPA and §4(f) Compliance: Tenth Circuit's Comprehensive Judgment in Davis Appellants v. Department of Transportation

Date: Jun 21, 2002
Mandating Thorough NEPA and §4(f) Compliance: Tenth Circuit's Comprehensive Judgment in Davis Appellants v. Department of Transportation Introduction In the case of Davis et al. v. Slater et al., the...
Participant-Directed Investment and Fiduciary Duty under ERISA: Analysis of Allison v. Bank One-Denver

Participant-Directed Investment and Fiduciary Duty under ERISA: Analysis of Allison v. Bank One-Denver

Date: Jun 20, 2002
Participant-Directed Investment and Fiduciary Duty under ERISA: Analysis of Allison v. Bank One-Denver Introduction Allison v. Bank One-Denver is a pivotal case adjudicated by the United States Court...
Limitations on Raising Apprendi Claims in Initial Habeas Proceedings: Affirming Procedural Bars in United States v. Mora

Limitations on Raising Apprendi Claims in Initial Habeas Proceedings: Affirming Procedural Bars in United States v. Mora

Date: Jun 19, 2002
Limitations on Raising Apprendi Claims in Initial Habeas Proceedings: Affirming Procedural Bars in United States v. Mora Introduction United States of America v. Orlando Mora, 293 F.3d 1213 (10th...
New Precedent on Retaliatory Employment Termination: Foster v. AlliedSignal Inc.

New Precedent on Retaliatory Employment Termination: Foster v. AlliedSignal Inc.

Date: Jun 19, 2002
New Precedent on Retaliatory Employment Termination: Foster v. AlliedSignal Inc. Introduction The case of Juanita M. Foster v. AlliedSignal Inc. (293 F.3d 1187) adjudicated by the United States Court...
State Action Doctrine Clarified in Adoption Context: JOHNSON v. RODRIGUES

State Action Doctrine Clarified in Adoption Context: JOHNSON v. RODRIGUES

Date: Jun 19, 2002
State Action Doctrine Clarified in Adoption Context: JOHNSON v. RODRIGUES Introduction Victor Johnson v. Monica Rodrigues (Orozco), et al. is a pivotal case adjudicated by the United States Court of...
Establishing Precedent on Second Degree Murder Instructions and AEDPA Limitations in Willingham v. Mullin

Establishing Precedent on Second Degree Murder Instructions and AEDPA Limitations in Willingham v. Mullin

Date: Jun 18, 2002
Establishing Precedent on Second Degree Murder Instructions and AEDPA Limitations in Willingham v. Mullin Introduction Willingham v. Mullin, 296 F.3d 917 (10th Cir. 2002), is a pivotal case...
Affirmation of Denial of Habeas Relief in Knighton v. Mullin: Upholding AEDPA and Brady Standards

Affirmation of Denial of Habeas Relief in Knighton v. Mullin: Upholding AEDPA and Brady Standards

Date: Jun 15, 2002
Affirmation of Denial of Habeas Relief in Knighton v. Mullin: Upholding AEDPA and Brady Standards Introduction Robert Wesley Knighton v. Mike Mullin, Warden, Oklahoma State Penitentiary is a pivotal...
Establishing Pretext in Age Discrimination Claims: Insights from Danville v. Regional Lab Corporation

Establishing Pretext in Age Discrimination Claims: Insights from Danville v. Regional Lab Corporation

Date: Jun 13, 2002
Establishing Pretext in Age Discrimination Claims: Insights from Danville v. Regional Lab Corporation Introduction The case of Inga F. Danville v. Regional Lab Corporation, decided by the United...
Application of Equitable Tolling Under AEDPA Limitations Period: Hall v. Scott

Application of Equitable Tolling Under AEDPA Limitations Period: Hall v. Scott

Date: Jun 13, 2002
Application of Equitable Tolling Under AEDPA Limitations Period: Hall v. Scott Introduction The case of Raymond J. Hall v. H.N. Sonny Scott, decided by the United States Court of Appeals for the...
Strict Scrutiny Applied to Municipal Petition Circulation Ordinances: Tenth Circuit's Arvada Decision

Strict Scrutiny Applied to Municipal Petition Circulation Ordinances: Tenth Circuit's Arvada Decision

Date: Jun 12, 2002
Strict Scrutiny Applied to Municipal Petition Circulation Ordinances: Tenth Circuit's Arvada Decision Introduction The case of Da v. CHANDLER; Daniel Hayes; Cheryl St. John; Robert G. Prokop,...
Gaines v. Stenseng: Establishing Standards for §1983 Due Process Claims in Disciplinary Segregation

Gaines v. Stenseng: Establishing Standards for §1983 Due Process Claims in Disciplinary Segregation

Date: Jun 8, 2002
Gaines v. Stenseng: Establishing Standards for §1983 Due Process Claims in Disciplinary Segregation Introduction In Gaines v. Stenseng, the United States Court of Appeals for the Tenth Circuit...
ERISA's Strict Preemption and Limited Remedies Affirmed in Moffett v. Halliburton

ERISA's Strict Preemption and Limited Remedies Affirmed in Moffett v. Halliburton

Date: May 30, 2002
ERISA's Strict Preemption and Limited Remedies Affirmed in Moffett v. Halliburton Introduction In Douglas W. Moffett v. Halliburton Energy Services, Inc., 291 F.3d 1227 (10th Cir. 2002), the United...
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