10th Circuit Case Commentaries

Hawkins v. Mullin: Tenth Circuit Upholds Inclusion of Kidnapping for Extortion in Oklahoma's First-Degree Felony Murder Statute

Date: May 23, 2002

Hawkins v. Mullin: Tenth Circuit Upholds Inclusion of Kidnapping for Extortion in Oklahoma's First-Degree Felony Murder Statute Introduction Hawkins v. Mullin is a seminal case adjudicated by the...

Limitations on RICO Claims in Legal Malpractice Cases: Analyzing Diaz v. The Paul J. Kennedy Law Firm

Date: May 15, 2002

Limitations on RICO Claims in Legal Malpractice Cases: Analyzing Diaz v. The Paul J. Kennedy Law Firm Introduction In Carlos L. Diaz; Myrna Diaz v. The Paul J. Kennedy Law Firm, 289 F.3d 671 (10th...

Strengthening Daubert's Gatekeeping in Pharmaceutical Liability: Insights from Hollander v. Sandoz Pharmaceuticals Corp.

Date: May 11, 2002

Strengthening Daubert's Gatekeeping in Pharmaceutical Liability: Insights from Hollander v. Sandoz Pharmaceuticals Corp. Introduction The case of Dee Hollander and Don Hollander v. Sandoz...

Brillhart Doctrine Applied in Federal Declination of Declaratory Judgment on Water Rights

Date: May 8, 2002

Brillhart Doctrine Applied in Federal Declination of Declaratory Judgment on Water Rights Introduction The case United States of America v. City of Las Cruces et al., adjudicated by the United States...

Affirmation of Inmate Privacy Rights in Strip Searches: Farmers v. Perrill

Date: May 4, 2002

Affirmation of Inmate Privacy Rights in Strip Searches: Farmers v. Perrill Introduction Farmers v. Perrill (288 F.3d 1254, 10th Cir. 2002) is a pivotal case that addresses the balance between...

Reevaluating Disability Determinations: Insights from McGoffin v. Barnhart

Date: May 4, 2002

Reevaluating Disability Determinations: Insights from McGoffin v. Barnhart Introduction McGoffin v. Barnhart, 288 F.3d 1248 (10th Cir. 2002), is a pivotal case decided by the United States Court of...

Clingman v. United States: Standards for Timely Objections and Ineffective Assistance in §2255 Proceedings

Date: May 2, 2002

Clingman v. United States: Standards for Timely Objections and Ineffective Assistance in §2255 Proceedings Introduction Clingman v. United States is a pivotal case decided by the United States Court...

Tenth Circuit Clarifies 'Own Occupation' and 'Any Occupation' Standards in Disability Benefits under ERISA

Date: May 1, 2002

Tenth Circuit Clarifies 'Own Occupation' and 'Any Occupation' Standards in Disability Benefits under ERISA Introduction The case of Rufus A. Caldwell, III v. Life Insurance Company of North America...

Affirmation of Church Autonomy Doctrine in Sexual Harassment Claims

Date: May 1, 2002

Affirmation of Church Autonomy Doctrine in Sexual Harassment Claims Introduction In the case of Lee Ann Bryce and Reverend Sara Smith v. Episcopal Church in the Diocese of Colorado et al., the...

Strict Application of 28 U.S.C. §2254(b)(2): Entire Habeas Petitions Must Be Denied or Dismissed

Date: Apr 30, 2002

Strict Application of 28 U.S.C. §2254(b)(2): Entire Habeas Petitions Must Be Denied or Dismissed Introduction The case of Edwin L. Moore v. Captain Schoeman; Attorney General of the State of...

Conditional Habeas Relief for Ineffective Assistance of Counsel: Johnson v. Champion

Date: Apr 27, 2002

Conditional Habeas Relief for Ineffective Assistance of Counsel: Johnson v. Champion Introduction Robert Grady Johnson, an Oklahoma state prisoner, appealed the dismissal of his habeas corpus...

Probable Cause Derived from Immigration Status Admission Validates Lawful Arrest

Date: Apr 25, 2002

Probable Cause Derived from Immigration Status Admission Validates Lawful Arrest Introduction In the case United States v. Oraldo Treto-Haro, adjudicated by the United States Court of Appeals for the...

Materiality in Securities Disclosure: Affirmation of Accurate Historical Reporting Without Obligation to Reveal Non-Material Risks

Date: Apr 24, 2002

Materiality in Securities Disclosure: Affirmation of Accurate Historical Reporting Without Obligation to Reveal Non-Material Risks Introduction The case of Patrick R. McDonald and James P. Rode v....

Affirming Miranda Waiver Validity and Evidence Admissibility in United States v. Morris

Date: Apr 24, 2002

Affirming Miranda Waiver Validity and Evidence Admissibility in United States v. Morris Introduction United States of America v. Murl Wayne Morris is a pivotal case decided by the United States Court...

Tenth Circuit Reinforces Substantial Similarity Standard in Copyright Infringement: Jacobsen v. Deseret Book Company

Date: Apr 20, 2002

Tenth Circuit Reinforces Substantial Similarity Standard in Copyright Infringement: Jacobsen v. Deseret Book Company Introduction In the case of Gene S. Jacobsen v. Deseret Book Company, adjudicated...

Affirmation of Religious Dietary Rights: Tenth Circuit Upholds Inmate Claims for Free Kosher Meals under First Amendment

Date: Apr 12, 2002

Affirmation of Religious Dietary Rights: Tenth Circuit Upholds Inmate Claims for Free Kosher Meals under First Amendment Introduction In the landmark case of Beerheide v. Suthers, decided on April...

Reaffirming ALJ Discretion in Evaluating Treating Physician's Opinions: White v. Barnhart

Date: Apr 6, 2002

Reaffirming ALJ Discretion in Evaluating Treating Physician's Opinions: White v. Barnhart Introduction Barbara J. White, the plaintiff-appellant, challenged the decision of the United States Social...

Affirmation of Plain View Doctrine and Rigorous Scrutiny of Peremptory Challenges in Batson Claims

Date: Apr 4, 2002

Affirmation of Plain View Doctrine and Rigorous Scrutiny of Peremptory Challenges in Batson Claims Introduction In the case of United States v. Castorena-Jaime, decided by the United States Court of...

Exhaustion of Administrative Remedies and Employer Determination under Title VII: Insights from Natalia Sizova v. NIST and Regents of the University of Colorado

Date: Mar 14, 2002

Exhaustion of Administrative Remedies and Employer Determination under Title VII: Insights from Natalia Sizova v. NIST and Regents of the University of Colorado Introduction Natalia Sizova v....

10th Circuit Upholds 'Heinous, Atrocious, or Cruel' Aggravators and Continuing Threat in Death Penalty Case: Revilla v. Gibson

Date: Mar 14, 2002

10th Circuit Upholds 'Heinous, Atrocious, or Cruel' Aggravators and Continuing Threat in Death Penalty Case: Revilla v. Gibson Introduction In Revilla v. Gibson, 283 F.3d 1203 (10th Cir. 2002), the...

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