10th Circuit Case Commentaries

Establishing Voluntary Consent in Vehicle Searches: Insights from United States v. Zubia-Melendez

Date: Aug 25, 2001

Establishing Voluntary Consent in Vehicle Searches: Insights from United States v. Zubia-Melendez Introduction The case of United States of America, Plaintiff-Appellee, v. Lorenzo Zubia-Melendez,...

Affirmation of Qualified Immunity in § 1983 Claims: Erikson v. Pawnee County

Date: Aug 24, 2001

Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For legal counsel, please consult a qualified attorney. Affirmation of Qualified Immunity...

AEDPA's One-Year Limitation on Habeas Petitions: Strict Enforcement and Limited Equitable Tolling in Fisher v. Gibson

Date: Aug 23, 2001

AEDPA's One-Year Limitation on Habeas Petitions: Strict Enforcement and Limited Equitable Tolling in Fisher v. Gibson Introduction John Hadley Fisher, the petitioner-appellant, is currently serving...

Restricting Appellate Attorneys' Fees Under 28 U.S.C. § 1447(c): The Tenth Circuit's Decision in Huffman v. Saul Holdings

Date: Aug 23, 2001

Restricting Appellate Attorneys' Fees Under 28 U.S.C. § 1447(c): The Tenth Circuit's Decision in Huffman v. Saul Holdings Introduction The case of Marshall Huffman and Virginia Newton v. Saul...

Affirmation of Prejudice Standard in Ineffective Assistance of Counsel Claims: MILLER v. CHAMPION

Date: Aug 22, 2001

Affirmation of Prejudice Standard in Ineffective Assistance of Counsel Claims: MILLER v. CHAMPION Introduction The case of Arthur Donnell Miller, Jr. v. Ron Champion, reported at 262 F.3d 1066,...

Affirmation of Summary Judgment in §1983 Claims Against Public School Employers: Bartell v. Aurora Public Schools

Date: Aug 22, 2001

Affirmation of Summary Judgment in §1983 Claims Against Public School Employers: Bartell v. Aurora Public Schools Introduction In Bartell v. Aurora Public Schools, the United States Court of Appeals...

Standing in Defendant Class Action Appeals: Insights from In re Integra Realty Resources, Inc.

Date: Aug 22, 2001

Standing in Defendant Class Action Appeals: Insights from In re Integra Realty Resources, Inc. Introduction The case of In re Integra Realty Resources, Inc. addresses significant issues surrounding...

Excited Utterance Exception Reinforced in Confrontation Clause Analysis

Date: Aug 18, 2001

Excited Utterance Exception Reinforced in Confrontation Clause Analysis Introduction David Woodward, the petitioner-appellant, was convicted of murdering his wife, Deborah Woodward, in a case handled...

Affirmation of Medicare Antikickback Violations: United States v. LaHUE

Date: Aug 18, 2001

Affirmation of Medicare Antikickback Violations: United States v. LaHUE Introduction In the landmark case United States of America v. Robert C. LaHUE, adjudicated on August 17, 2001, the United...

Cindy Rice v. Office of Servicemembers' Group Life Insurance: Establishing Federal Presumptions on Mental Capacity and Undue Influence in SGLI Beneficiary Designations

Date: Aug 15, 2001

Cindy Rice v. Office of Servicemembers' Group Life Insurance: Establishing Federal Presumptions on Mental Capacity and Undue Influence in SGLI Beneficiary Designations Introduction Cindy Rice v....

Implementation of KYLES v. WHITLEY in Capital Sentencing: The Mitchell v. Gibson Decision

Date: Aug 14, 2001

Implementation of KYLES v. WHITLEY in Capital Sentencing: The Mitchell v. Gibson Decision Introduction The case of Alfred Brian Mitchell v. Gary Gibson, adjudicated by the United States Court of...

Courts vs. Arbitrators in Determining Arbitrability: Insights from Dean Witter Reynolds v. Karen Howsam

Date: Aug 10, 2001

Courts vs. Arbitrators in Determining Arbitrability: Insights from Dean Witter Reynolds v. Karen Howsam Introduction The landmark case Dean Witter Reynolds, Inc. v. Karen Howsam (261 F.3d 956) before...

Affirmation of Procedural Bars and Due Process in Death Penalty Cases: Analysis of Cannon v. Gibson

Date: Aug 8, 2001

Affirmation of Procedural Bars and Due Process in Death Penalty Cases: Analysis of Cannon v. Gibson Introduction Cannon v. Gibson (259 F.3d 1253, 10th Cir. 2001) is a pivotal appellate case...

Rule 54(b) Certification Requirements Clarified in Oklahoma Turnpike Authority v. Bruner

Date: Aug 7, 2001

Rule 54(b) Certification Requirements Clarified in Oklahoma Turnpike Authority v. Bruner Introduction The case of Oklahoma Turnpike Authority v. Bruner adjudicated by the United States Court of...

Affirmation of the "Learned Intermediary Doctrine" and Kansas Product Liability Standards in Abbott Laboratories v. Wright

Date: Aug 7, 2001

Affirmation of the "Learned Intermediary Doctrine" and Kansas Product Liability Standards in Abbott Laboratories v. Wright Introduction Abbott Laboratories v. Wright is a significant case adjudicated...

Bennett v. Quark, Inc. (10th Cir. 2001): Reaffirming Strict Compliance with ADEA Procedural and Substantive Requirements

Date: Aug 4, 2001

Bennett v. Quark, Inc. (10th Cir. 2001): Reaffirming Strict Compliance with ADEA Procedural and Substantive Requirements Introduction In Bennett v. Quark, Inc., the United States Court of Appeals for...

Application of the Colorado Ski Safety Act in Doering v. Copper Mountain, Inc.

Date: Aug 1, 2001

Application of the Colorado Ski Safety Act in Doering v. Copper Mountain, Inc. Introduction In the case of Richard Albert Doering et al. v. Copper Mountain, Inc. et al., the plaintiffs, including...

Insufficient Allegations under 42 U.S.C §1983: Tenth Circuit Affirms Dismissal in Smith v. Plati

Date: Jul 31, 2001

Insufficient Allegations under 42 U.S.C §1983: Tenth Circuit Affirms Dismissal in Smith v. Plati Introduction The case of Theodore M. Smith v. David Plati, decided by the United States Court of...

Affirmation of 8 U.S.C. § 1326 Conviction: Balancing Fifth Amendment Rights and Vienna Convention Provisions in Illegal Reentry Cases

Date: Jul 28, 2001

Affirmation of 8 U.S.C. § 1326 Conviction: Balancing Fifth Amendment Rights and Vienna Convention Provisions in Illegal Reentry Cases Introduction The case of United States of America v. Mario...

Defining Adverse Employment Action in Retaliation Claims: Aquilino v. University of Kansas

Date: Jul 24, 2001

Defining Adverse Employment Action in Retaliation Claims: Aquilino v. University of Kansas 1. Introduction The case of Marie Aquilino, Ph.D. v. University of Kansas (268 F.3d 930, 10th Cir. 2001)...

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