10th Circuit Case Commentaries

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...

Affirmation of Drug Manufacturing Convictions with Revised Sentencing Guidelines

Date: Mar 12, 2002

Affirmation of Drug Manufacturing Convictions with Revised Sentencing Guidelines Introduction In the landmark case of United States v. Higgins, Caple, and Jinks (282 F.3d 1261), the United States...

Proper Use of Federal Rule 60(b): Clarifying Grounds for Fraud on the Court and Void Judgments

Date: Mar 9, 2002

Proper Use of Federal Rule 60(b): Clarifying Grounds for Fraud on the Court and Void Judgments Introduction In the landmark case UNITED STATES of America v. Daniel S. Buck and Ripley Berryhill,...

Establishing Original Source Status under the False Claims Act: Stone v. Rockwell International Corp.

Date: Mar 5, 2002

Establishing Original Source Status under the False Claims Act: Stone v. Rockwell International Corp. Introduction In the landmark case of United States of America, ex rel. James S. Stone v. Rockwell...

Expansion of Section 510(b) Subordination to Include Fraudulent Retention Claims: IN RE GENEVA STEEL COmpany

Date: Feb 28, 2002

Expansion of Section 510(b) Subordination to Include Fraudulent Retention Claims: IN RE GENEVA STEEL COmpany Introduction The case IN RE GENEVA STEEL COmpany, Debtor. Richard M. Allen, Appellant, v....

Tenth Circuit Clarifies Procedural Boundaries for Successive §2255 Petitions and Coram Nobis Challenges

Date: Feb 22, 2002

Tenth Circuit Clarifies Procedural Boundaries for Successive §2255 Petitions and Coram Nobis Challenges Introduction The case of United States of America v. Raymond Torres, 282 F.3d 1241 (10th Cir....

Exhaustion of Administrative Remedies Under ADA and Limitations of FMLA Protections: McBride v. CITGO Petroleum Corporation

Date: Feb 22, 2002

Exhaustion of Administrative Remedies Under ADA and Limitations of FMLA Protections: McBride v. CITGO Petroleum Corporation Introduction Elizabeth McBride v. CITGO Petroleum Corporation is a pivotal...

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