10th Circuit Case Commentaries

Non-Mechanical Application of Age Categories in Social Security Disability Determinations

Date: Aug 20, 1998

Non-Mechanical Application of Age Categories in Social Security Disability Determinations Introduction The case of Wilmer Daniels v. Kenneth S. Apfel, Commissioner, Social Security Administration...

Establishing Employer Liability for Supervisory Retaliation: Insights from Gunnell v. Utah Valley State College

Date: Aug 20, 1998

Establishing Employer Liability for Supervisory Retaliation: Insights from Gunnell v. Utah Valley State College Introduction The case of Rosalie Gunnell v. Utah Valley State College (UVSC) addresses...

Establishing Probable Cause and Warrant Scope in Digital Child Pornography Investigations: U.S. v. Simpson

Date: Aug 18, 1998

Establishing Probable Cause and Warrant Scope in Digital Child Pornography Investigations: U.S. v. Simpson Introduction United States of America v. William Riley Simpson, 152 F.3d 1241 (10th Cir....

Establishing Institutional Liability under Title IX: Tenth Circuit Clarifies University's Responsibility in ROTC Program Harassment Cases

Date: Aug 18, 1998

Establishing Institutional Liability under Title IX: Tenth Circuit Clarifies University's Responsibility in ROTC Program Harassment Cases Introduction The case of Angela Morse and Stacy Handley v....

Affirmation of State Substantive Insurance Rules Over Federal Procedural Evidence Rules in Diversity Cases: Blanke v. Alexander

Date: Aug 6, 1998

Affirmation of State Substantive Insurance Rules Over Federal Procedural Evidence Rules in Diversity Cases: Blanke v. Alexander Introduction Case Citation: Blanke v. Alexander and Others, 152 F.3d...

Reaffirmation of Conspiracy Liability and Plain View Doctrine in Drug Trafficking Cases: United States v. Flores

Date: Aug 5, 1998

Reaffirmation of Conspiracy Liability and Plain View Doctrine in Drug Trafficking Cases: United States v. Flores Introduction United States v. Danny Flores, 149 F.3d 1272 (10th Cir. 1998), is a...

Tenth Circuit Clarifies Subject Matter Jurisdiction Under 28 U.S.C. § 1332: Limits on Amount in Controversy Calculations

Date: Aug 1, 1998

Tenth Circuit Clarifies Subject Matter Jurisdiction Under 28 U.S.C. § 1332: Limits on Amount in Controversy Calculations Introduction In State Farm Mutual Automobile Insurance Company v. Eugene...

Standing in Equal Protection Claims: Insights from Byers v. City of Albuquerque

Date: Jul 30, 1998

Standing in Equal Protection Claims: Insights from Byers v. City of Albuquerque Introduction The case of Joseph R. Byers, Jr. et al. v. City of Albuquerque et al., adjudicated by the United States...

10th Circuit Establishes No First Amendment Right for Press Access to Court-Sealed CJA Defense Documents

Date: Jul 29, 1998

10th Circuit Establishes No First Amendment Right for Press Access to Court-Sealed CJA Defense Documents Introduction The case of United States of America v. Cesar Gonzales et al. presented a...

Clarification on First Amendment Public Concern and Property Interests in Employment – Lancaster v. Independent School District No. 5

Date: Jul 29, 1998

Clarification on First Amendment Public Concern and Property Interests in Employment – Lancaster v. Independent School District No. 5 Introduction Lancaster v. Independent School District No. 5 is a...

Parker v. Champion: Affirmation of Invited Error Doctrine in Federal Habeas Review

Date: Jul 28, 1998

Parker v. Champion: Affirmation of Invited Error Doctrine in Federal Habeas Review Introduction The case of Alvin Parker v. Ron Champion (148 F.3d 1219) serves as a significant legal precedent within...

Application of AEDPA's One-Year Statute of Limitations in State Habeas Corpus Petitions: Hoggro v. Boone

Date: Jul 25, 1998

Application of AEDPA's One-Year Statute of Limitations in State Habeas Corpus Petitions: Hoggro v. Boone Introduction Hoggro v. Boone (150 F.3d 1223, 10th Cir. 1998) addresses the critical issue of...

Eleventh Amendment Bars Equal Protection Claims in Property Tax Disputes Against State Agencies

Date: Jul 22, 1998

Eleventh Amendment Bars Equal Protection Claims in Property Tax Disputes Against State Agencies Introduction The case of ANR Pipeline Company and Colorado Interstate Gas Company v. John D. LaFaver,...

Affirmation of Summary Judgment in Inmate Retaliation and Access to Courts Claims under 42 U.S.C. § 1983

Date: Jul 16, 1998

Affirmation of Summary Judgment in Inmate Retaliation and Access to Courts Claims under 42 U.S.C. § 1983 Introduction In the case of David S. Peterson v. John Shanks, Warden, Wilfred Romero, and...

Accrual of §1983 Claims in Impairment of Contract Cases: Smith v. City of Enid

Date: Jul 16, 1998

Accrual of §1983 Claims in Impairment of Contract Cases: Smith v. City of Enid Introduction The case of Cecil M. Smith v. City of Enid addresses critical issues surrounding the accrual of claims...

Ineffective Assistance of Counsel and Sentencing Phase Waiver in Moore v. Reynolds

Date: Jul 14, 1998

Ineffective Assistance of Counsel and Sentencing Phase Waiver in Moore v. Reynolds Introduction Moore v. Reynolds, 153 F.3d 1086 (10th Cir. 1998), is a pivotal case that delves into the intricacies...

10th Circuit Clarifies Sovereign Immunity and Rooker-Feldman Doctrine for Federally Recognized Tribes

Date: Jul 14, 1998

10th Circuit Clarifies Sovereign Immunity and Rooker-Feldman Doctrine for Federally Recognized Tribes Introduction The case of KIOWA INDIAN TRIBE OF OKLAHOMA v. ROBERT M. HOOVER, JR., et al....

Age Discrimination in Employment: McKnight v. Kimberly Clark Corporation

Date: Jul 11, 1998

Age Discrimination in Employment: McKnight v. Kimberly Clark Corporation Introduction In the case of Wayne McKnight v. Kimberly Clark Corporation, the United States Court of Appeals for the Tenth...

Double Jeopardy and Fair Cross-Section Juror Selection Upheld in United States v. Shinault

Date: Jul 9, 1998

Double Jeopardy and Fair Cross-Section Juror Selection Upheld in United States v. Shinault Introduction United States of America v. Michael D. Shinault, 147 F.3d 1266 (10th Cir. 1998), is a pivotal...

Reinforcing Retaliation Claims: 10th Circuit Upholds Protections under 42 U.S.C. §1981 and Title VII in Roberts v. Roadway Express

Date: Jul 3, 1998

Reinforcing Retaliation Claims: 10th Circuit Upholds Protections under 42 U.S.C. §1981 and Title VII in Roberts v. Roadway Express Introduction The case of Roy E. Roberts v. Roadway Express, Inc....

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