10th Circuit Case Commentaries

Tenth Circuit Affirms Oklahoma's Retrospective Victim Impact Evidence Admission in Capital Sentencing

Date: Dec 8, 2001

Tenth Circuit Affirms Oklahoma's Retrospective Victim Impact Evidence Admission in Capital Sentencing Introduction In the case of Jay Wesley NEILL v. Gary GIBSON, the United States Court of Appeals...

Establishing Reasonable Suspicion in Routine Traffic Stops: United States v. Callarman

Date: Dec 8, 2001

Establishing Reasonable Suspicion in Routine Traffic Stops: United States v. Callarman Introduction United States v. Curtis Dennis Callarman, 273 F.3d 1284 (10th Cir. 2001), is a pivotal case that...

Federal Jurisdiction and Diversity in Intellectual Property Disputes: Insights from AMAZON, INC. v. DIRT CAMP, INC.

Date: Dec 7, 2001

Federal Jurisdiction and Diversity in Intellectual Property Disputes: Insights from AMAZON, INC. v. DIRT CAMP, INC. Introduction The case of AMAZON, INC., Plaintiff-Counter-Defendant-Appellee, v....

Reversing Summary Judgment in Racial Discrimination Case: McCowan, Luna & Guerrero v. All Star Maintenance

Date: Dec 1, 2001

Reversing Summary Judgment in Racial Discrimination Case: McCowan, Luna & Guerrero v. All Star Maintenance Introduction The case of Warren N. McCowan, Johnny P. Luna, and Steve E. Guerrero v. All...

Affirmation of ALJ's Discretion in Evaluating Disability Claims: White v. Massanari

Date: Nov 29, 2001

Affirmation of ALJ's Discretion in Evaluating Disability Claims: White v. Massanari Introduction Parties Involved: Plaintiff-Appellant: Barbara J. White Defendant-Appellee: Larry G. Massanari, Acting...

Affirmation of Reasonable Suspicion in Traffic Stops: Williams v. United States

Date: Nov 29, 2001

Affirmation of Reasonable Suspicion in Traffic Stops: Williams v. United States Introduction Williams v. United States (271 F.3d 1262, United States Court of Appeals, Tenth Circuit, 2001) is a...

Adams v. United States: Tenth Circuit Affirms Exclusion of Expert Psychological Testimony on Credibility

Date: Nov 28, 2001

Adams v. United States: Tenth Circuit Affirms Exclusion of Expert Psychological Testimony on Credibility Introduction In United States v. Dale L. Adams, 271 F.3d 1236 (10th Cir. 2001), the United...

Recognition of Exclusive Remedy Provisions Across State Lines: Stuart v. Colorado Interstate Gas Company

Date: Nov 28, 2001

Recognition of Exclusive Remedy Provisions Across State Lines: Stuart v. Colorado Interstate Gas Company Introduction The case of Gerald Shane Stuart v. Colorado Interstate Gas Company (CIG) explores...

Admissibility of Dissimilar Accident Evidence and Burden Shifting in Products Liability: Tenth Circuit's Decision in BLACK v. M W Gear Co.

Date: Nov 8, 2001

Admissibility of Dissimilar Accident Evidence and Burden Shifting in Products Liability: Tenth Circuit's Decision in BLACK v. M W Gear Company Introduction The case of Carolyn BLACK, indi v. Dually...

Affirmation of Arbitration Panel’s Authority to Dismiss Claims with Prejudice Under NASD Rules: Da v. Sheldon

Date: Nov 1, 2001

Affirmation of Arbitration Panel’s Authority to Dismiss Claims with Prejudice Under NASD Rules: Da v. Sheldon Introduction The case of Da v. Sheldon, decided by the United States Court of Appeals for...

Kapoors v. ENMMC: Reinforcing State Responsibility in Workplace Harassment under Section 1983

Date: Nov 1, 2001

Kapoors v. ENMMC: Reinforcing State Responsibility in Workplace Harassment under Section 1983 Introduction In Anna Nieto, Betty DelosSantos, Patrick Sanchez, Sally Netsch, Phyllis DeBaun, and Mary...

Reaffirming Standards for Preliminary Injunctions in Contractual Arbitration: Dominion Video Satellite v. EchoStar

Date: Oct 26, 2001

Reaffirming Standards for Preliminary Injunctions in Contractual Arbitration: Dominion Video Satellite v. EchoStar Introduction The case of Dominion Video Satellite, Inc. v. EchoStar Satellite...

Reaffirming the "Fruit of the Poisonous Tree" Doctrine in Vehicular Stop Cases

Date: Oct 26, 2001

Reaffirming the "Fruit of the Poisonous Tree" Doctrine in Vehicular Stop Cases Introduction In the case of United States of America v. Frank Lawrence DeLUCA, the United States Court of Appeals for...

United States v. Basham: Upholding Warrant Validity and Clarifying 'Possession in Furtherance' for Firearm-Drug Offenses

Date: Oct 23, 2001

United States v. Basham: Upholding Warrant Validity and Clarifying 'Possession in Furtherance' for Firearm-Drug Offenses Introduction In the landmark case of United States v. Johnny Ray Basham,...

Excessive Use of SWAT Team Force Towards Minors Violates Fourth Amendment Rights

Date: Oct 20, 2001

Excessive Use of SWAT Team Force Towards Minors Violates Fourth Amendment Rights Introduction The case of Shelby Paige Holland et al. v. Robin S. Harrington et al. (268 F.3d 1179, 10th Cir. 2001)...

Qualified Disability Determination in ADA Claims: Tate v. Farmland Industries, Inc.

Date: Oct 11, 2001

Qualified Disability Determination in ADA Claims: Tate v. Farmland Industries, Inc. Introduction Charles R. Tate v. Farmland Industries, Inc. is a pivotal case adjudicated by the United States Court...

Standing and First Amendment Protections in Public Expressive Activities: Faustin v. City and County of Denver

Date: Sep 29, 2001

Standing and First Amendment Protections in Public Expressive Activities: Faustin v. City and County of Denver Introduction Faustin v. City and County of Denver is a significant appellate decision...

Enhanced Framework for Pattern-or-Practice ADEA Class Actions Established in Thiessen v. GE Capital

Date: Sep 29, 2001

Enhanced Framework for Pattern-or-Practice ADEA Class Actions Established in Thiessen v. GE Capital Introduction In the landmark case Gary A. Thiessen v. General Electric Capital Corporation, heard...

Enforcement of Post-Termination Payment Obligations in Financing Agreements: Echo Acceptance Corp. v. Household Retail Services, Inc.

Date: Sep 29, 2001

Enforcement of Post-Termination Payment Obligations in Financing Agreements: Echo Acceptance Corp. v. Household Retail Services, Inc. Introduction The case of Echo Acceptance Corporation and...

Effective Revocation of Professional Certification Under Due Process: Mike Ste v. STIDHAM

Date: Sep 25, 2001

Effective Revocation of Professional Certification Under Due Process: Mike Ste v. STIDHAM Introduction Mike Steven STIDHAM, a certified peace officer in Utah, initiated a legal challenge against the...

Previous Next