10th Circuit Case Commentaries

Enhancing Intervention Rights in Environmental Litigation: Tenth Circuit's Landmark Decision on Grand Staircase-Escalante National Monument

Date: Jul 11, 2001

Enhancing Intervention Rights in Environmental Litigation: Tenth Circuit's Landmark Decision on Grand Staircase-Escalante National Monument Introduction The case of Utah Association of Counties v....

Turnbull v. Topeka State Hospital: Redefining Employer Liability for Sexually Hostile Work Environments in Healthcare Settings

Date: Jul 6, 2001

Turnbull v. Topeka State Hospital: Redefining Employer Liability for Sexually Hostile Work Environments in Healthcare Settings Introduction Turnbull v. Topeka State Hospital is a pivotal case...

Affirmation of Denial of Habeas Relief in Moore v. Marr: Implications of AEDPA and Ineffective Assistance of Counsel

Date: Jul 4, 2001

Affirmation of Denial of Habeas Relief in Moore v. Marr: Implications of AEDPA and Ineffective Assistance of Counsel Introduction Stephen Moore, the petitioner-appellant, was convicted in 1988 by a...

Possession of Firearm in Furtherance of Drug Trafficking: Insights from United States v. Iiland

Date: Jul 4, 2001

Possession of Firearm in Furtherance of Drug Trafficking: Insights from United States v. Iiland Introduction United States v. Sidney Ronnell Iiland, 254 F.3d 1264 (10th Cir. 2001), presents a pivotal...

Exhaustion of Administrative Remedies in Inmate Bivens Actions: Tenth Circuit Upholds Dismissal Post-BOOTH v. CHURNER

Date: Jul 3, 2001

Exhaustion of Administrative Remedies in Inmate Bivens Actions: Tenth Circuit Upholds Dismissal Post-BOOTH v. CHURNER Introduction The case of Ramzi Ahmed Yousef v. Janet Reno presents a pivotal...

Admissibility of Prior DUI Convictions to Prove Malice Affirmed by 10th Circuit

Date: Jul 3, 2001

Admissibility of Prior DUI Convictions to Prove Malice Affirmed by 10th Circuit Introduction In the case of UNITED STATES of America v. Raymond Tan, the United States Court of Appeals for the Tenth...

Clarifying Nominal Damages and Attorney’s Fees under Title VII: Insights from T.D. Williamson, Inc. v. Barber

Date: Jul 3, 2001

Clarifying Nominal Damages and Attorney’s Fees under Title VII: Insights from T.D. Williamson, Inc. v. Barber Introduction The landmark case of Lenard Barber v. T.D. Williamson, Inc. (254 F.3d 1223)...

Non-Retroactivity of Apprendi under AEDPA §2255: Ste v. Alan Daniels Analysis

Date: Jun 26, 2001

Non-Retroactivity of Apprendi under AEDPA §2255: Ste v. Alan Daniels Analysis Introduction Ste v. Alan Daniels, 254 F.3d 1180 (10th Cir. 2001), is a pivotal case that examines the interplay between...

Recognition of Tribal Motor Vehicle Registrations Under Federal Law: Prairie Band of Potawatomi Indians v. Secretary of Revenue

Date: Jun 26, 2001

Recognition of Tribal Motor Vehicle Registrations Under Federal Law: Prairie Band of Potawatomi Indians v. Secretary of Revenue Introduction PRAIRIE BAND OF POTAWATOMI INDIANS, Plaintiff-Appellee, v....

Jurisdictional Limits in Qualified Immunity for Eighth Amendment Bivens Actions: Garrett v. Stratman

Date: Jun 21, 2001

Jurisdictional Limits in Qualified Immunity for Eighth Amendment Bivens Actions: Garrett v. Stratman Introduction Garrett v. Stratman is a landmark decision by the United States Court of Appeals for...

Affirming FAA's Limited Judicial Review: Bowen v. Amoco Pipeline Company

Date: Jun 21, 2001

Affirming FAA's Limited Judicial Review: Bowen v. Amoco Pipeline Company Introduction The case of Ernest Bowen and Mary Bowen v. Amoco Pipeline Company (254 F.3d 925, 10th Cir. 2001) presents a...

Affirmation of D'Oench Doctrine and FIRREA's Impact on Third-Party Beneficiary Claims in Breach of Contract Actions

Date: Jun 15, 2001

Affirmation of D'Oench Doctrine and FIRREA's Impact on Third-Party Beneficiary Claims in Breach of Contract Actions Introduction The case of Dwight A. Harrison v. Wahatoyas, L.L.C. addressed...

Affirmed: Necessity to Exhaust Bureau of Indian Affairs Procedures for Tribal Recognition Claims

Date: Jun 14, 2001

Affirmed: Necessity to Exhaust Bureau of Indian Affairs Procedures for Tribal Recognition Claims Introduction The case of United Tribe of Shawnee Indians, a United States Treaty Tribe, on our behalf...

Drapeau v. Massanari: Enhanced Standards for Evaluating Listed Impairments in Social Security Cases

Date: Jun 13, 2001

Drapeau v. Massanari: Enhanced Standards for Evaluating Listed Impairments in Social Security Cases Introduction The case of Marlene A. Drapeau v. Larry G. Massanari addresses critical issues in the...

Clarifying Qualified Immunity in Excessive Force Cases: Insights from Ernest Medina v. Cram

Date: Jun 13, 2001

Clarifying Qualified Immunity in Excessive Force Cases: Insights from Ernest Medina v. Cram Introduction The case Ernest Medina v. Michael Cram, adjudicated by the United States Court of Appeals for...

Strengthening Protections Against Retaliatory Termination: The Tenth Circuit's Ruling in Bausman v. Interstate Brands Corp.

Date: Jun 12, 2001

Strengthening Protections Against Retaliatory Termination: The Tenth Circuit's Ruling in Bausman v. Interstate Brands Corp. 1. Introduction The case of Cynthia M. Bausman v. Interstate Brands...

Limits of Habeas Corpus Under 28 U.S.C. § 2241 in Challenging Prisoner Transfers and Conditions: Boyce v. Ashcroft

Date: Jun 5, 2001

Limits of Habeas Corpus Under 28 U.S.C. § 2241 in Challenging Prisoner Transfers and Conditions: Boyce v. Ashcroft Introduction Christopher John Boyce v. John Ashcroft is a significant case...

Martins v. Franklin Capital: Clarifying Diversity Jurisdiction in Class Actions

Date: May 30, 2001

Martins v. Franklin Capital: Clarifying Diversity Jurisdiction in Class Actions Introduction Juana M. Martin and Gerald T. Martin, individually and on behalf of all persons similarly situated,...

Tenth Circuit's Affirmation in United States v. Haber: Defining Schemes to Defraud and Abuse of Trust in Mail and Wire Fraud

Date: May 25, 2001

Tenth Circuit's Affirmation in United States v. Haber: Defining Schemes to Defraud and Abuse of Trust in Mail and Wire Fraud Introduction The case of United States of America v. Avraham Ben-Zion...

Application of 42 U.S.C. § 1997e(e) to First Amendment Claims: SEARLES v. VAN BEBBER

Date: May 15, 2001

Application of 42 U.S.C. § 1997e(e) to First Amendment Claims: SEARLES v. VAN BEBBER Introduction SEARLES v. VAN BEBBER is a pivotal case adjudicated by the United States Court of Appeals, Tenth...

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