10th Circuit Case Commentaries

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...

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

Date: Apr 23, 2003

Reaffirming the Gatekeeper Role: Daubert Standard in DODGE v. COTTER CORP. Introduction DODGE v. COTTER CORPoration, 328 F.3d 1212 (10th Cir. 2003), represents a pivotal appellate decision...

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

Date: Apr 19, 2003

Retaliation under Title VII: Causation and Adverse Actions Reexamined in Wells v. Colorado DOT Introduction Wells v. Colorado Department of Transportation is a pivotal case adjudicated by the United...

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

Date: Apr 12, 2003

Affirmation of First-Degree Murder Conviction: Tenth Circuit Reverses Habeas Corpus Relief in Darks v. Mullin Introduction In the case of Tyrone P. Darks v. Mike Mullin, Warden, Oklahoma State...

Establishing Employer's Age-Animosity in ADEA Claims: Tenth Circuit's Affirmation in Da v. Minshall

Date: Mar 29, 2003

Establishing Employer's Age-Animosity in ADEA Claims: Tenth Circuit's Affirmation in Da v. Minshall Introduction The case of David Minshall versus McGraw-Hill Broadcasting Company, doing business as...

Establishing the Anniversary Method for AEDPA §2255 Limitations: Insights from United States v. Hurst

Date: Mar 22, 2003

Establishing the Anniversary Method for AEDPA §2255 Limitations: Insights from United States v. Hurst Introduction The case of United States v. Jerry D. Hurst, 322 F.3d 1256 (10th Cir. 2003),...

Strict Enforcement of the Confrontation Clause: Tenth Circuit Establishes High Standard for Witness Availability under AEDPA

Date: Mar 19, 2003

Strict Enforcement of the Confrontation Clause: Tenth Circuit Establishes High Standard for Witness Availability under AEDPA Introduction The case of Kenneth Mark Cook v. Da (323 F.3d 825) represents...

Tenth Circuit Upholds Bestfoods Principle: Minority Shareholders Not Liable as Operators or Arrangers under CERCLA – Raytheon Constructors Inc. v. ASARCO Inc.

Date: Mar 12, 2003

Tenth Circuit Upholds Bestfoods Principle: Minority Shareholders Not Liable as Operators or Arrangers under CERCLA – Raytheon Constructors Inc. v. ASARCO Inc. Introduction The case of Raytheon...

Reinforcement of Entrapment Doctrine and Standards for Jury Impartiality in United States v. Scull and Bono

Date: Mar 12, 2003

Reinforcement of Entrapment Doctrine and Standards for Jury Impartiality in United States v. Scull and Bono Introduction In the case of United States of America, Plaintiff-Appellee, v. Oscar Scull...

Standing in First Amendment Challenges: Tenth Circuit's Decision in Ward v. Utah

Date: Mar 11, 2003

Standing in First Amendment Challenges: Tenth Circuit's Decision in Ward v. Utah Introduction In Eric Ward v. The State of Utah, 321 F.3d 1263 (10th Cir. 2003), the United States Court of Appeals for...

Establishing Precedent on Qualified Immunity in Academic Retaliation Cases: Hulen v. CSU

Date: Mar 5, 2003

Establishing Precedent on Qualified Immunity in Academic Retaliation Cases: Hulen v. CSU Introduction The case of Myron Hulen, Individually, Plaintiff-Appellee, v. Albert Yates, Daniel D. Costello,...

Jurisdictional Clarity in Clean Air Act Enforcement: USWA v. Oregon Steel Mills

Date: Mar 4, 2003

Jurisdictional Clarity in Clean Air Act Enforcement: USWA v. Oregon Steel Mills Introduction The case of United Steelworkers of America (USWA) v. Oregon Steel Mills, Inc.; CFI Steel, L.P., d/b/a...

Tenth Circuit Upholds Validity of Stock Transfer Restrictions in JOAs under Utah Law in Tribune Publishing v. MediaNews Group

Date: Feb 25, 2003

Tenth Circuit Upholds Validity of Stock Transfer Restrictions in JOAs under Utah Law in Tribune Publishing v. MediaNews Group Introduction The case of SALT LAKE TRIBUNE PUBLISHING COMPANY, LLC,...

10th Circuit Clarifies Irreparable Harm Standard in Environmental Law: Greater Protection for Threatened Species

Date: Feb 21, 2003

10th Circuit Clarifies Irreparable Harm Standard in Environmental Law: Greater Protection for Threatened Species Introduction In Greater Yellowstone Coalition; Jackson Hole Conservation Alliance,...

Brown v. Commissioner of the Social Security Administration: Emphasizing Detailed ALJ Findings in Disability Determinations

Date: Feb 20, 2003

Brown v. Commissioner of the Social Security Administration: Emphasizing Detailed ALJ Findings in Disability Determinations Introduction The case of Martha D. Brown v. Commissioner of the Social...

Federal Question Jurisdiction in State-Created Causes: Union Pacific v. Nicodemus and Morris

Date: Feb 14, 2003

Federal Question Jurisdiction in State-Created Causes: Union Pacific v. Nicodemus and Morris Introduction In the landmark case of Warren D. Nicodemus, Trustee of the Warren D. Nicodemus Living Trust...

Extending PIP Benefits to Pedestrians: Analysis of State Farm v. Clark

Date: Feb 12, 2003

Extending PIP Benefits to Pedestrians: Analysis of State Farm v. Clark Introduction In the landmark case of Ricky Eugene Clark v. State Farm Mutual Automobile Insurance Company, the United States...

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