10th Circuit Case Commentaries

Revisiting Rule 19: The Indispensability of Tribal Sovereignty in Civil Litigation - Davis v. Dosar-Barkus Band of the Seminole Nation

Date: Sep 22, 1999

Revisiting Rule 19: The Indispensability of Tribal Sovereignty in Civil Litigation Analysis of Davis v. Dosar-Barkus Band of the Seminole Nation of Oklahoma Introduction Case: SYLVIA DAVIS, as...

Wallace v. Warden: Upholding AEDPA Standards and Competency Assessments in Capital Cases

Date: Sep 11, 1999

Wallace v. Warden: Upholding AEDPA Standards and Competency Assessments in Capital Cases Introduction Wallace v. Warden is a significant judicial decision rendered by the United States Court of...

Clarifying the Lanham Act: Tenth Circuit's Ruling in Cottrell v. Biotrol and Pro-Dex

Date: Sep 11, 1999

Clarifying the Lanham Act: Tenth Circuit's Ruling in Cottrell v. Biotrol and Pro-Dex Introduction Cottrell, Ltd., a Colorado corporation, initiated a lawsuit against Biotrol International, Inc., a...

Defining Consent and Excessive Force in Eighth Amendment §1983 Claims: Giron v. Corrections Corporation of America

Date: Sep 11, 1999

Defining Consent and Excessive Force in Eighth Amendment §1983 Claims: Giron v. Corrections Corporation of America Introduction Tanya Giron, an inmate at the New Mexico Women's Correctional Facility...

Comprehensive Analysis of Smallwood v. Gibson: Procedural Barriers in Habeas Corpus Petitions

Date: Sep 11, 1999

Comprehensive Analysis of Smallwood v. Gibson: Procedural Barriers in Habeas Corpus Petitions Introduction Dion A. Smallwood, the petitioner-appellant, challenged his convictions for First Degree...

Appellate Court Mandates In Camera Review of Attorney-Client Privileged Documents in Individual Bankruptcy Cases

Date: Sep 9, 1999

Appellate Court Mandates In Camera Review of Attorney-Client Privileged Documents in Individual Bankruptcy Cases Introduction In the case of BRYAN K. FOSTER; REINHART, BOERNER, VAN DEUREN, NORRIS...

Affirmation of Original Source Requirement under the False Claims Act: Hafter v. Spectrum Healthcare

Date: Sep 8, 1999

Affirmation of Original Source Requirement under the False Claims Act: Hafter v. Spectrum Healthcare Introduction In the landmark case of United States of America, ex rel. Lance E. Hafter, D.O.;...

Limits of Brady Obligations for Federal Prosecutors Regarding State-Controlled Evidence

Date: Sep 8, 1999

Limits of Brady Obligations for Federal Prosecutors Regarding State-Controlled Evidence Introduction In the case of United States of America v. Timothy M. Beers, decided on September 7, 1999, the...

Protecting Public Employees' First Amendment Rights in Political Association: Insights from Jantzen v. Hawkins

Date: Sep 1, 1999

Protecting Public Employees' First Amendment Rights in Political Association: Insights from Jantzen v. Hawkins Introduction The case of Jantzen Jantzen; Richard Haugland; William Gabriele Moulton;...

Admissibility of Expert Testimony in Child Sexual Abuse Cases: Insights from United States v. Charley

Date: Aug 28, 1999

Admissibility of Expert Testimony in Child Sexual Abuse Cases: Insights from United States v. Charley Introduction The case of United States of America v. Wayne Lewis Charley (189 F.3d 1251)...

Totality of Circumstances Approach and OWBPA Release Validation in Bennett v. Coors Brewing Company

Date: Aug 28, 1999

Totality of Circumstances Approach and OWBPA Release Validation in Bennett v. Coors Brewing Company Introduction Bennett v. Coors Brewing Company is a pivotal case decided by the United States Court...

Enhanced Scrutiny on Money Laundering Convictions: Insights from United States v. Sylvester Anderson

Date: Aug 25, 1999

Enhanced Scrutiny on Money Laundering Convictions: Insights from United States v. Sylvester Anderson Introduction The case of United States of America v. Sylvester Anderson (189 F.3d 1201, 10th Cir....

Establishing Probable Cause Thresholds for Traffic Stops Based on Lane Deviations under the Fourth Amendment

Date: Aug 25, 1999

Establishing Probable Cause Thresholds for Traffic Stops Based on Lane Deviations under the Fourth Amendment Introduction In the landmark case of United States of America v. Ted Kenton Ozbirn, the...

Punitive Damages and Vicarious Liability under the ADA: Insights from Equal Employment Opportunity Commission v. Wal-Mart Stores, Inc.

Date: Aug 24, 1999

Punitive Damages and Vicarious Liability under the ADA: Insights from Equal Employment Opportunity Commission v. Wal-Mart Stores, Inc. Introduction The case of Equal Employment Opportunity Commission...

Affirming ADA's Valid Abrogation of State Sovereign Immunity and Defining Essential Job Functions: Martin v. Kansas

Date: Aug 20, 1999

Affirming ADA's Valid Abrogation of State Sovereign Immunity and Defining Essential Job Functions: Martin v. Kansas Introduction Martin v. Kansas, 190 F.3d 1120 (10th Cir. 1999), is a pivotal case...

Sheila Shorter v. ICG Holdings, Inc.: Establishing Precedents in Employment Discrimination Law

Date: Aug 18, 1999

Sheila Shorter v. ICG Holdings, Inc.: Establishing Precedents in Employment Discrimination Law Introduction The case Sheila Shorter, Plaintiff-Counter-Defendant-Appellant, v. ICG Holdings, Inc.,...

Establishing Single Employer Status in Employment Discrimination Cases: Knowlton v. Teltrust Phones, Inc.

Date: Aug 17, 1999

Establishing Single Employer Status in Employment Discrimination Cases: Knowlton v. Teltrust Phones, Inc. Introduction The case of Pierre Knowlton v. Teltrust Phones, Inc. (189 F.3d 1177, 10th Cir....

McAlpine v. Thompson: Mootness and Supervised Release in Injunctive Relief Claims

Date: Aug 13, 1999

McAlpine v. Thompson: Mootness and Supervised Release in Injunctive Relief Claims Introduction In the landmark case of McAlpine v. Thompson, the United States Court of Appeals for the Tenth Circuit...

Tenth Circuit Affirms Denial of Class Certification and Upholds EX PARTE YOUNG Exception in Child Welfare System Accountability Case

Date: Aug 13, 1999

Tenth Circuit Affirms Denial of Class Certification and Upholds EX PARTE YOUNG Exception in Child Welfare System Accountability Case Introduction In the landmark case J.B. et al. v. Valdez et al.,...

Refining the Boundaries of Disparate Impact and Continuing Violation Doctrine in Employment Discrimination: Bullington v. United Airlines, Inc.

Date: Aug 13, 1999

Refining the Boundaries of Disparate Impact and Continuing Violation Doctrine in Employment Discrimination: Bullington v. United Airlines, Inc. Introduction Bullington v. United Airlines, Inc., 186...

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