10th Circuit Case Commentaries

Duckett v. Mullin: Affirmation of Death Sentence Amidst Claims of Prosecutorial Misconduct and Ineffective Counsel

Date: Sep 5, 2002

Duckett v. Mullin: Affirmation of Death Sentence Amidst Claims of Prosecutorial Misconduct and Ineffective Counsel Introduction Duckett v. Mullin is a significant appellate decision from the United...

Likelihood of Confusion in Trademark and Trade Dress Infringement: Tenth Circuit Reverses Summary Judgment in Sally Beauty Co. v. Beautyco, Inc.

Date: Sep 4, 2002

Likelihood of Confusion in Trademark and Trade Dress Infringement: Tenth Circuit Reverses Summary Judgment in Sally Beauty Co. v. Beautyco, Inc. Introduction In Sally Beauty Company, Inc. v....

Affirmation of Procedural Default in Habeas Corpus Petitions

Date: Sep 4, 2002

Affirmation of Procedural Default in Habeas Corpus Petitions: Marshall Ellis v. Ste Introduction In the case of Marshall Henry Ellis, Petitioner-Appellant, v. Steve Hargett; Attorney General of the...

Comprehensive Commentary on St. Anthony Hospital v. United States Department of Health and Human Services

Date: Aug 29, 2002

St. Anthony Hospital v. United States Department of Health and Human Services: Establishing New Standards in EMTALA Reverse-Dumping Provisions Introduction The case of St. Anthony Hospital v. United...

Retaliation Claims under Title VII: Proof of Unlawful Motivation Required

Date: Aug 23, 2002

Retaliation Claims under Title VII: Proof of Unlawful Motivation Required Introduction In the landmark case of Merrilee Petersen v. Utah Department of Corrections, the United States Court of Appeals...

Reaffirming the Requirement of Physical Injury in Negligent Infliction of Emotional Distress: Wilson v. Muckala

Date: Aug 22, 2002

Reaffirming the Requirement of Physical Injury in Negligent Infliction of Emotional Distress: Wilson v. Muckala Introduction The case of Veronica Wilson and Pete Terrell Wilson v. Kenneth Muckala,...

Disputed Job Elimination Requires Jury Determination in Employment Discrimination Claims

Date: Aug 22, 2002

Disputed Job Elimination Requires Jury Determination in Employment Discrimination Claims Introduction In Arcenio E. Garcia v. Pueblo Country Club, the United States Court of Appeals for the Tenth...

Tenth Circuit Establishes Expanded Pleading Standards for RICO and Bivens Claims: Robbins v. Wilkie

Date: Aug 22, 2002

Tenth Circuit Establishes Expanded Pleading Standards for RICO and Bivens Claims: Robbins v. Wilkie Introduction In Robbins v. Wilkie, reported as 300 F.3d 1208 in the United States Court of Appeals...

Supplementation of the Administrative Record in De Novo ERISA Reviews – Hall v. Unum

Date: Aug 21, 2002

Supplementation of the Administrative Record in De Novo ERISA Reviews – Hall v. Unum Introduction In the landmark case Russann H. Hall v. Unum Life Insurance Company of America, 300 F.3d 1197 (10th...

Affirmation of KDOC's SATP Policies and Inmates' Fifth Amendment Rights: Searcy v. Simmons

Date: Aug 20, 2002

Affirmation of KDOC's SATP Policies and Inmates' Fifth Amendment Rights: Searcy v. Simmons Introduction Searcy v. Simmons, 299 F.3d 1220 (10th Cir. 2002), is a pivotal case addressing the...

Illusory Arbitration Agreements: Tenth Circuit Reinforces Enforceability Standards in Dumaïs v. American Golf Corp.

Date: Aug 16, 2002

Illusory Arbitration Agreements: Tenth Circuit Reinforces Enforceability Standards in Dumaïs v. American Golf Corp. Introduction The case of Teresita J. Dumaïs v. American Golf Corporation...

Establishing the Four-Year Limitation Period for §1981(b) Racial Discrimination Claims Under 28 U.S.C. §1658

Date: Aug 16, 2002

Establishing the Four-Year Limitation Period for §1981(b) Racial Discrimination Claims Under 28 U.S.C. §1658 Introduction The case of Orlando L. Harris and Service Professionals, Inc. (SPI) v....

Tenth Circuit Establishes Federal Post-Sentencing Credit for State Incarceration Under §3585(a)

Date: Aug 15, 2002

Tenth Circuit Establishes Federal Post-Sentencing Credit for State Incarceration Under §3585(a) Introduction The case of Johnny Horton Weekes v. L.E. Fleming, Warden, 301 F.3d 1175 (10th Cir. 2002),...

Affirmation of Eleventh Amendment Immunity and the Limits of "Danger Creation" in Substantive Due Process Claims: Ruiz v. McDonnell

Date: Aug 9, 2002

Affirmation of Eleventh Amendment Immunity and the Limits of "Danger Creation" in Substantive Due Process Claims: Ruiz v. McDonnell Introduction In Rose Ruiz v. Barbara McDonnell, the United States...

Tenth Circuit Establishes First Amendment Protections for Protests Adjacent to Schools

Date: Aug 8, 2002

Tenth Circuit Establishes First Amendment Protections for Protests Adjacent to Schools Introduction In the landmark case PeTA v. Rasmussen, decided by the United States Court of Appeals for the Tenth...

Religious Freedom Restoration Act and Eagle Feather Possession: An Analysis of United States v. HARDMAN et al.

Date: Aug 6, 2002

Religious Freedom Restoration Act and Eagle Feather Possession: An Analysis of United States v. HARDMAN et al. Introduction United States of America v. Raymond S. Hardman, In the Matter of Joseluis...

Standing of Political Subdivisions in Suing State over Federal Land Trust Violations Denied

Date: Aug 1, 2002

Standing of Political Subdivisions in Suing State over Federal Land Trust Violations Denied Introduction The case of Board of County Commissioners of Sweetwater County, Wyoming and Board of Trustees...

Affirmation of Summary Judgment in Disparate Treatment and Retaliation Claims Under 42 U.S.C. § 1981

Date: Jul 31, 2002

Affirmation of Summary Judgment in Disparate Treatment and Retaliation Claims Under 42 U.S.C. § 1981 Introduction The case of Larry D. Hysten v. Burlington Northern and Santa Fe Railway Company,...

Tenth Circuit Clarifies Burden of Proof and Affirms Liquidated Damages under FMLA in Smith v. Diffee Ford-Lincoln-Mercury, Inc.

Date: Jul 30, 2002

Tenth Circuit Clarifies Burden of Proof and Affirms Liquidated Damages under FMLA in Smith v. Diffee Ford-Lincoln-Mercury, Inc. Introduction The case of Diantha Smith v. Diffee Ford-Lincoln-Mercury,...

Exhaustion of Administrative Remedies Under IDEA in Disability Discrimination Claims: Cudjoe v. Independent School District No. 12

Date: Jul 24, 2002

Exhaustion of Administrative Remedies Under IDEA in Disability Discrimination Claims: Cudjoe v. Independent School District No. 12 Introduction In Cudjoe v. Independent School District No. 12, the...

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