10th Circuit Case Commentaries

Magistrate Judges’ Authority Over Remand Orders Under §636: First Union Mortgage Corp. v. Smith

Date: Oct 17, 2000

Magistrate Judges’ Authority Over Remand Orders Under §636: First Union Mortgage Corp. v. Smith Introduction In First Union Mortgage Corporation v. Galen J. Smith, 229 F.3d 992 (10th Cir. 2000), the...

Rooker-Feldman Doctrine Limited in Non-Party Adoption Cases: A Comprehensive Analysis of Johnson v. Rodrigues

Date: Oct 13, 2000

Rooker-Feldman Doctrine Limited in Non-Party Adoption Cases: A Comprehensive Analysis of Johnson v. Rodrigues Introduction The United States Court of Appeals for the Tenth Circuit, in the landmark...

Walker v. Gibson: Tenth Circuit Upholds AEDPA Deference in Capital Cases

Date: Oct 12, 2000

Walker v. Gibson: Tenth Circuit Upholds AEDPA Deference in Capital Cases Introduction In Walker v. Gibson, 228 F.3d 1217 (10th Cir. 2000), the United States Court of Appeals for the Tenth Circuit...

Affirmation of Conspiracy and Housing Rights Interference Based on Race: United States v. Whitney

Date: Oct 12, 2000

Affirmation of Conspiracy and Housing Rights Interference Based on Race: United States v. Whitney Introduction United States of America v. James Whitney, 229 F.3d 1296 (10th Cir. 2000), is a...

Protectible Property Interest in Municipal Land Use Decisions: Hyde Park Co. v. Santa Fe City Council

Date: Sep 30, 2000

Protectible Property Interest in Municipal Land Use Decisions: Hyde Park Co. v. Santa Fe City Council Introduction The case of Hyde Park Company v. Santa Fe City Council addresses the critical issue...

Application of AEDPA Standards in Affirming Denied Habeas Corpus Relief: The Case of Hale v. Gibson

Date: Sep 26, 2000

Application of AEDPA Standards in Affirming Denied Habeas Corpus Relief: The Case of Hale v. Gibson Introduction Alvie James Hale, hereinafter referred to as "Hale," was convicted by a jury in the...

Establishing Municipal Liability for Inadequate Police Training under 42 U.S.C. §1983: Comprehensive Review of Brown v. Gray

Date: Sep 23, 2000

Establishing Municipal Liability for Inadequate Police Training under 42 U.S.C. §1983: Comprehensive Review of Brown v. Gray Introduction In Clinton D. Brown v. Edmund Bruce Gray, the United States...

Tenth Circuit Affirms Dismissal in Kennedy v. United States: Boundaries of Record Supplementation and Certificate of Appealability

Date: Sep 21, 2000

Tenth Circuit Affirms Dismissal in Kennedy v. United States: Boundaries of Record Supplementation and Certificate of Appealability Introduction The case of United States of America v. William R....

Comprehensive Commentary on Adams v. Reliance Standard Life Insurance Company (225 F.3d 1179)

Date: Sep 20, 2000

Interpretation of "Total Earnings" in Disability Insurance Contracts: Adams v. Reliance Standard Life Insurance Company Introduction The case of Mark Adams v. Reliance Standard Life Insurance Company...

Tenth Circuit Affirms Title VII Liability for Sexual Harassment by High-Ranking Supervisor: Establishing Employer's Vicarious Liability and Alter Ego Principle

Date: Sep 20, 2000

Tenth Circuit Affirms Title VII Liability for Sexual Harassment by High-Ranking Supervisor: Establishing Employer's Vicarious Liability and Alter Ego Principle Introduction In the landmark case...

Deductibility of Transportation Costs in Oil and Gas Leases: Atlantic Richfield Co. v. Farm Credit Bank of Wichita

Date: Sep 14, 2000

Deductibility of Transportation Costs in Oil and Gas Leases: Atlantic Richfield Co. v. Farm Credit Bank of Wichita Introduction The legal landscape of oil and gas leases often involves intricate...

Establishing Employer Liability in Sexual Harassment Cases: The Cadena v. Pacesetter Corporation Decision

Date: Sep 13, 2000

Establishing Employer Liability in Sexual Harassment Cases: The Cadena v. Pacesetter Corporation Decision Introduction The case of Lynn M. Cadena v. The Pacesetter Corporation is a pivotal judicial...

Protective Orders in Civil Litigation: Insights from Forrest Gillard v. Boulder Valley School District RE-2

Date: Sep 12, 2000

Protective Orders in Civil Litigation: Insights from Forrest Gillard v. Boulder Valley School District RE-2 Introduction The case of Forrest Gillard, indi v. Boulder Valley School District RE-2...

Res Judicata in Bankruptcy Proceedings: Plotner v. AT&T Corp. (224 F.3d 1161)

Date: Sep 2, 2000

Res Judicata in Bankruptcy Proceedings: Plotner v. AT&T Corp. (224 F.3d 1161) Introduction The case of Charlotte Ann Plotner v. AT&T Corporation (224 F.3d 1161) adjudicated by the United States Court...

Establishing Personal Jurisdiction: Insights from National Business Brokers v. Jim Williamson Productions

Date: Sep 1, 2000

Establishing Personal Jurisdiction: Insights from National Business Brokers, Ltd. v. Jim Williamson Productions, Inc. Introduction The case of National Business Brokers, Ltd. (NBB) v. Jim Williamson...

Time-Barred Federal Habeas Petition: The R. A. Marsh Decision

Date: Sep 1, 2000

Time-Barred Federal Habeas Petition: The R. A. Marsh Decision Introduction In the landmark case Roger A. Marsh v. Rick Soares, Attorney General for the State of Colorado (223 F.3d 1217, 10th Cir....

Tenth Circuit Upholds Utah's Internet Sex Offender Registry Against Ex Post Facto and Double Jeopardy Claims

Date: Aug 29, 2000

Tenth Circuit Upholds Utah's Internet Sex Offender Registry Against Ex Post Facto and Double Jeopardy Claims Introduction In the landmark case of Jon Femedeer v. H.L. "Pete" Haun, the United States...

Inevitable Discovery Doctrine Affirmed in United States v. Souza

Date: Aug 25, 2000

Inevitable Discovery Doctrine Affirmed in United States v. Souza Introduction United States of America v. Larry Souza, 223 F.3d 1197 (10th Cir. 2000), is a pivotal case that addresses the application...

Reaffirmation of Absolute Judicial Immunity for Pretrial Service Officers in §1983 Claims: Whitesel v. Sengenberger et al.

Date: Aug 24, 2000

Reaffirmation of Absolute Judicial Immunity for Pretrial Service Officers in §1983 Claims: Whitesel v. Sengenberger et al. Introduction The case of Kevin Whitesel v. Kelly Sengenberger f/k/a Kelly...

Affirmation of 'Commercial Activities' Under the Lanham Act in Procter & Gamble v. Haugen

Date: Aug 24, 2000

Affirmation of 'Commercial Activities' Under the Lanham Act in Procter & Gamble v. Haugen Introduction Procter & Gamble Company and Procter & Gamble Distributing Company (collectively "PG") appealed...

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