10th Circuit Case Commentaries

Affirmation of Qualified Immunity and Constructive Termination in Academic Employment: Lighton v. University of Utah

Date: Apr 25, 2000

Affirmation of Qualified Immunity and Constructive Termination in Academic Employment: Lighton v. University of Utah Introduction JOHN LIGHTON, Plaintiff-Appellant, v. UNIVERSITY OF UTAH; KAREN...

Interpreting "Properly Filed" in Habeas Corpus Petitions: The Tenth Circuit's Decision in Habteselassie v. Novak

Date: Apr 22, 2000

Interpreting "Properly Filed" in Habeas Corpus Petitions: The Tenth Circuit's Decision in Habteselassie v. Novak Introduction Habteselassie v. Novak, 209 F.3d 1208 (10th Cir. 2000), addresses the...

Clarifying Fourth Amendment Seizure in Police Pursuits: Tenth Circuit Upholds Dismissal of §1983 Claims in Childress v. City of Arapaho

Date: Apr 19, 2000

Clarifying Fourth Amendment Seizure in Police Pursuits: Tenth Circuit Upholds Dismissal of §1983 Claims in Childress v. City of Arapaho 1. Introduction The case of GENA CHILDRESS and DUANE CHILDRESS,...

Qualified Immunity Affirmed in Tenth Circuit Case Involving Investigative Stop Triggered by External Alarm and Refusal to Identify

Date: Apr 18, 2000

Qualified Immunity Affirmed in Tenth Circuit Case Involving Investigative Stop Triggered by External Alarm and Refusal to Identify Introduction In the case of Bruce Oliver v. James Woods; Dale Scow,...

Haugh v. Booker: Clarifying Habeas Corpus Procedures Under AEDPA

Date: Apr 13, 2000

Haugh v. Booker: Clarifying Habeas Corpus Procedures Under AEDPA Introduction In the landmark case of Haugh v. Booker, 210 F.3d 1147 (10th Cir. 2000), the United States Court of Appeals for the Tenth...

Single Supervisory Comments Do Not Suffice to Prove Age Discrimination in Reduction-in-Force Cases: Stone v. Autoliv

Date: Apr 12, 2000

Single Supervisory Comments Do Not Suffice to Prove Age Discrimination in Reduction-in-Force Cases: Stone v. Autoliv Introduction The case of James Stone v. Autoliv ASP, Inc. (210 F.3d 1132, 2000)...

Affirmation of the Feres Doctrine in Pringle v. United States of America

Date: Apr 6, 2000

Affirmation of the Feres Doctrine in Pringle v. United States of America Introduction In the landmark case of Julius Pringle v. United States of America, adjudicated by the United States Court of...

Affirmation of Standing Requirements under the Lanham Act: Hutchinson v. Pfeil et al.

Date: Apr 5, 2000

Affirmation of Standing Requirements under the Lanham Act: Hutchinson v. Pfeil et al. Introduction In Thomas R. Hutchinson v. Mary Joan Pfeil; Art Services International, Inc.; William H. Gerdts;...

Mandatory Certificate of Appealability for State Prisoners in Habeas Corpus Petitions: Lorenzo Montez v. Mark McKinna

Date: Apr 4, 2000

Mandatory Certificate of Appealability for State Prisoners in Habeas Corpus Petitions: Lorenzo Montez v. Mark McKinna Introduction Lorenzo Montez, an incarcerated individual in a private correctional...

Corporate Liability Through Agents: Insights from Heno v. Sprint

Date: Apr 4, 2000

Corporate Liability Through Agents: Insights from Heno v. Sprint Introduction The case of Andrea Opal Heno v. Sprint/United Management Company serves as a significant judicial decision in the realm...

Cumulative Error and Evidentiary Standards in Medical Manslaughter: United States v. Wood

Date: Mar 30, 2000

Cumulative Error and Evidentiary Standards in Medical Manslaughter: United States v. Wood Introduction In the landmark case United States of America v. C. Douglas Wood, the United States Court of...

Qualified Immunity Affirmed in Public Exposure During Identity Verification

Date: Mar 24, 2000

Qualified Immunity Affirmed in Public Exposure During Identity Verification Introduction The case Dorothy J. Nelson v. Helen McMullen (207 F.3d 1202) adjudicated by the United States Court of Appeals...

Affirming Administrative Law Judge’s Discretion in Disability Determinations: Qualls v. Apfel

Date: Mar 23, 2000

Affirming Administrative Law Judge’s Discretion in Disability Determinations: Qualls v. Apfel Introduction Edmond L. Qualls v. Kenneth S. Apfel, 206 F.3d 1368 (10th Cir. 2000), is a pivotal case...

Protection of Student Free Speech Rights in Athletics: SEAMONS v. SNOW

Date: Mar 21, 2000

Protection of Student Free Speech Rights in Athletics: SEAMONS v. SNOW Introduction The case of SEAMONS v. SNOW, decided by the United States Court of Appeals for the Tenth Circuit in 2000, addresses...

Section 230 Immunity Affirmed in Ben Ezra v. America Online Inc.

Date: Mar 15, 2000

Section 230 Immunity Affirmed in Ben Ezra v. America Online Inc. Introduction In the landmark case of Ben Ezra, Weinstein, and Company, Inc. v. America Online, Inc., the United States Court of...

AEDPA Standards and Harmless Error in Death Penalty Sentencing: Pickens v. Gibson

Date: Mar 15, 2000

AEDPA Standards and Harmless Error in Death Penalty Sentencing: Pickens v. Gibson Introduction Darrin Lynn Pickens, the petitioner-appellant, appealed his conviction and death sentence in the United...

Establishing Personal Jurisdiction in Internet Routing Disputes: Insights from Intercon, Inc. v. Bell Atlantic Internet Solutions, Inc.

Date: Mar 10, 2000

Establishing Personal Jurisdiction in Internet Routing Disputes: Insights from Intercon, Inc. v. Bell Atlantic Internet Solutions, Inc. Introduction The case of Intercon, Inc. v. Bell Atlantic...

Liberty Interests and Prisoner Classification: Insights from Chambers v. Colorado Department of Corrections

Date: Mar 8, 2000

Liberty Interests and Prisoner Classification: Insights from Chambers v. Colorado Department of Corrections Introduction Chambers v. Colorado Department of Corrections, 205 F.3d 1237 (10th Cir....

Nationwide Personal Jurisdiction in ERISA Cases: Tenth Circuit Establishes New Precedent

Date: Mar 7, 2000

Nationwide Personal Jurisdiction in ERISA Cases: Tenth Circuit Establishes New Precedent 1. Introduction In the landmark case of Robert Peay, as guardian of minor child Jennifer McCluskey; TEEN HELP,...

Evaluating Attorney Fees and Punitive Damages under the Lanham Act: Insights from United Phosphorus, Ltd. v. Midland Fumigant, Inc.

Date: Mar 7, 2000

Evaluating Attorney Fees and Punitive Damages under the Lanham Act: Insights from United Phosphorus, Ltd. v. Midland Fumigant, Inc. Introduction The case of United Phosphorus, Ltd. v. Midland...

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