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  • Commentaries
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10th Circuit Case Commentaries

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

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

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

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.

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

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

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.

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

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...
Imposition of Additional Filing Restrictions on Pro Se Prisoners: Kinnell v. Graves

Imposition of Additional Filing Restrictions on Pro Se Prisoners: Kinnell v. Graves

Date: Sep 15, 2001
Imposition of Additional Filing Restrictions on Pro Se Prisoners: Kinnell v. Graves Introduction Kinnell v. Graves, decided by the United States Court of Appeals for the Tenth Circuit on September...
ENGBERG v. STATE of Wyoming: Establishing Standards for Procedural Bar and Brady Violations in Habeas Corpus Petitions

ENGBERG v. STATE of Wyoming: Establishing Standards for Procedural Bar and Brady Violations in Habeas Corpus Petitions

Date: Sep 13, 2001
ENGBERG v. STATE of Wyoming: Establishing Standards for Procedural Bar and Brady Violations in Habeas Corpus Petitions 1. Introduction Roy Lee ENGBERG v. STATE of Wyoming, 265 F.3d 1109 (10th Cir....
Affirmation of Tribal Sovereign Immunity under Intergovernmental Agreements

Affirmation of Tribal Sovereign Immunity under Intergovernmental Agreements

Date: Sep 12, 2001
Affirmation of Tribal Sovereign Immunity under Intergovernmental Agreements Introduction E.F.W.; and A.T.B. v. St. Stephen's Indian High School et al. is a seminal case adjudicated by the United...
Federal Amendment to Medicaid Settlement Law Limits Individual Claims: Harris v. Owens

Federal Amendment to Medicaid Settlement Law Limits Individual Claims: Harris v. Owens

Date: Sep 11, 2001
Federal Amendment to Medicaid Settlement Law Limits Individual Claims: Harris v. Owens Introduction The case of Wilfred L. Harris v. Bill Owens et al. adjudicated by the United States Court of...
Affirmation of Dismissal Highlights Strict Scienter Pleading Standards under PSLRA in City of Philadelphia v. Fleming Co.

Affirmation of Dismissal Highlights Strict Scienter Pleading Standards under PSLRA in City of Philadelphia v. Fleming Co.

Date: Sep 8, 2001
Affirmation of Dismissal Highlights Strict Scienter Pleading Standards under PSLRA in City of Philadelphia v. Fleming Co. Introduction The case of City of Philadelphia, acting through its Board of...
Reinforcing the 'Original Source' Mandate: Tenth Circuit Affirms Dismissal of False Claims Act Qui Tam Action in King v. Hillcrest Health Center

Reinforcing the 'Original Source' Mandate: Tenth Circuit Affirms Dismissal of False Claims Act Qui Tam Action in King v. Hillcrest Health Center

Date: Sep 8, 2001
Reinforcing the 'Original Source' Mandate: Tenth Circuit Affirms Dismissal of False Claims Act Qui Tam Action in King v. Hillcrest Health Center Introduction The case of United States of America ex...
Holt v. United States: En Banc Tenth Circuit Allows Weapons Questions During Traffic Stops Without Specific Suspicion

Holt v. United States: En Banc Tenth Circuit Allows Weapons Questions During Traffic Stops Without Specific Suspicion

Date: Sep 6, 2001
Holt v. United States: En Banc Tenth Circuit Allows Weapons Questions During Traffic Stops Without Specific Suspicion Introduction In United States v. Holt, 264 F.3d 1215 (10th Cir. 2001), the United...
Retaliatory Prosecution Under the First Amendment: Analysis of Poole v. County of Otero

Retaliatory Prosecution Under the First Amendment: Analysis of Poole v. County of Otero

Date: Sep 6, 2001
Retaliatory Prosecution Under the First Amendment: Analysis of Poole v. County of Otero Introduction In the landmark case of Adam Poole v. County of Otero, adjudicated by the United States Court of...
Defining Statute of Limitations for Rule 41(e) Motions: Insights from U.S. v. Rodriguez-Aguirre

Defining Statute of Limitations for Rule 41(e) Motions: Insights from U.S. v. Rodriguez-Aguirre

Date: Sep 6, 2001
Defining Statute of Limitations for Rule 41(e) Motions: Insights from U.S. v. Rodriguez-Aguirre Introduction The case of UNITED STATES of America v. Gabriel Rodriguez-Aguirre et al. (264 F.3d 1195),...
Enforcement of Appellate Waivers in Plea Agreements: U.S. v. Elliott

Enforcement of Appellate Waivers in Plea Agreements: U.S. v. Elliott

Date: Aug 31, 2001
Enforcement of Appellate Waivers in Plea Agreements: United States v. Travis Elliott Introduction In the case United States of America v. Travis Elliott, 264 F.3d 1171 (10th Cir. 2001), the United...
Constructive Submission and EPA's Duty Under the Clean Water Act: Hayes v. Whitman (10th Cir. 2001)

Constructive Submission and EPA's Duty Under the Clean Water Act: Hayes v. Whitman (10th Cir. 2001)

Date: Aug 30, 2001
Constructive Submission and EPA's Duty Under the Clean Water Act: Hayes v. Whitman (10th Cir. 2001) Introduction Hayes v. Whitman, a 2001 decision by the United States Court of Appeals for the Tenth...
Burden of Proof in ADA Title III Barrier Removal: Analysis of Colorado Cross Disability Coalition v. Hermanson Family Limited Partnership I

Burden of Proof in ADA Title III Barrier Removal: Analysis of Colorado Cross Disability Coalition v. Hermanson Family Limited Partnership I

Date: Aug 30, 2001
Burden of Proof in ADA Title III Barrier Removal: Analysis of Colorado Cross Disability Coalition v. Hermanson Family Limited Partnership I Introduction The case of Colorado Cross Disability...
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