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  • Commentaries
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10th Circuit Case Commentaries

Tenth Circuit Upholds Dismissal of Appeal for Failure to Prove Non-Receipt of § 2241 Order

Tenth Circuit Upholds Dismissal of Appeal for Failure to Prove Non-Receipt of § 2241 Order

Date: Nov 28, 2024
Tenth Circuit Upholds Dismissal of Appeal for Failure to Prove Non-Receipt of § 2241 Order Introduction In the case of Gregory D. Cosby v. A. Ciolli et al., the United States Court of Appeals for the...
Imposition of Filing Restrictions on Pro Se Litigants: Jaiyeola v. Garmin International, Inc.

Imposition of Filing Restrictions on Pro Se Litigants: Jaiyeola v. Garmin International, Inc.

Date: Nov 28, 2024
Imposition of Filing Restrictions on Pro Se Litigants: Jaiyeola v. Garmin International, Inc. Introduction The case Ganiyu Ayinla Jaiyeola v. Garmin International, Inc. addresses the ongoing...
Tenth Circuit Reinforces Strict Standards for Equitable Tolling in Habeas Corpus Petitions: Garcia v. Drumond

Tenth Circuit Reinforces Strict Standards for Equitable Tolling in Habeas Corpus Petitions: Garcia v. Drumond

Date: Nov 28, 2024
Tenth Circuit Reinforces Strict Standards for Equitable Tolling in Habeas Corpus Petitions: Garcia v. Drumond Introduction The case of Harry Garcia v. Gentner Drumond addresses the stringent...
Clarifying the 'Cat's Paw' Liability in Title VII Retaliation Claims – Iweha v. State of Kansas et al.

Clarifying the 'Cat's Paw' Liability in Title VII Retaliation Claims – Iweha v. State of Kansas et al.

Date: Nov 23, 2024
Clarifying the 'Cat's Paw' Liability in Title VII Retaliation Claims – Iweha v. State of Kansas et al. Introduction The case of NGOZI IWEHA, Plaintiff-Appellant, v. STATE OF KANSAS; KANSAS DEPARTMENT...
Affirmation of Exhaustion Requirements under FTCA and Limitations on Bivens Claims in the Tenth Circuit

Affirmation of Exhaustion Requirements under FTCA and Limitations on Bivens Claims in the Tenth Circuit

Date: Nov 23, 2024
Affirmation of Exhaustion Requirements under FTCA and Limitations on Bivens Claims in the Tenth Circuit Introduction In the case of Dustin Alan Rowland v. United States of America et al., the United...
Martinez v. Quick: Upholding Death Sentence and Standards for Ineffective Assistance of Counsel

Martinez v. Quick: Upholding Death Sentence and Standards for Ineffective Assistance of Counsel

Date: Nov 23, 2024
Martinez v. Quick: Upholding Death Sentence and Standards for Ineffective Assistance of Counsel Introduction Mica Alexander Martinez, the petitioner-appellant, was convicted by an Oklahoma jury of...
Martinez v. United States: Expanding the Scope of Miranda Waivers and Evidentiary Admissions

Martinez v. United States: Expanding the Scope of Miranda Waivers and Evidentiary Admissions

Date: Nov 23, 2024
Martinez v. United States: Expanding the Scope of Miranda Waivers and Evidentiary Admissions Introduction Martinez v. United States, 10th Cir., 2024, marks a significant development in the...
Dismissing §1983 Claims in Favor of Habeas Corpus: Insights from Griffin v. Bauby & Mora

Dismissing §1983 Claims in Favor of Habeas Corpus: Insights from Griffin v. Bauby & Mora

Date: Nov 23, 2024
Dismissing §1983 Claims in Favor of Habeas Corpus: Insights from Griffin v. Bauby & Mora Introduction The case of Ryan Griffin v. August Bauby & Kimberly Mora presents a pivotal exploration of the...
Affirmation of Joint Trial Denial in United States v. Armenta: Implications for Severance Motions

Affirmation of Joint Trial Denial in United States v. Armenta: Implications for Severance Motions

Date: Nov 19, 2024
Affirmation of Joint Trial Denial in United States v. Armenta: Implications for Severance Motions Introduction In the case of United States of America v. Anthony Juan Armenta, the United States Court...
Tenth Circuit Clarifies UVTA's Ponzi Presumption and Transferee Liability in Fraudulent Transfers

Tenth Circuit Clarifies UVTA's Ponzi Presumption and Transferee Liability in Fraudulent Transfers

Date: Nov 19, 2024
Tenth Circuit Clarifies UVTA's Ponzi Presumption and Transferee Liability in Fraudulent Transfers Introduction In the landmark case of Hafen v. Howell, the United States Court of Appeals for the...
Dismissal of Frivolous Appeals under ANDERS v. CALIFORNIA: Insights from United States v. Wilford

Dismissal of Frivolous Appeals under ANDERS v. CALIFORNIA: Insights from United States v. Wilford

Date: Nov 19, 2024
Dismissal of Frivolous Appeals under ANDERS v. CALIFORNIA: Insights from United States v. Wilford Introduction The case of United States of America v. Maurice Wilford presents a pivotal examination...
Tenth Circuit Affirms Dismissal for Lack of Prosecution and Imposes Strike for Frivolous Appeal in Pro Se Prisoner Litigation

Tenth Circuit Affirms Dismissal for Lack of Prosecution and Imposes Strike for Frivolous Appeal in Pro Se Prisoner Litigation

Date: Nov 19, 2024
Tenth Circuit Affirms Dismissal for Lack of Prosecution and Imposes Strike for Frivolous Appeal in Pro Se Prisoner Litigation Introduction The case of Jamar Davis v. Federal Bureau of Prisons; Warden...
Tenth Circuit Expands FAA’s Transportation Worker Exemption to Last-Mile Independent Distributors in Wage and Hour Litigation

Tenth Circuit Expands FAA’s Transportation Worker Exemption to Last-Mile Independent Distributors in Wage and Hour Litigation

Date: Nov 13, 2024
Tenth Circuit Expands FAA’s Transportation Worker Exemption to Last-Mile Independent Distributors in Wage and Hour Litigation Introduction In the case of Angelo Brock v. Flowers Foods, Inc. et al.,...
Tenth Circuit Upholds Colorado's Age-Based Firearm Purchase Restrictions: Implications for Second Amendment Law

Tenth Circuit Upholds Colorado's Age-Based Firearm Purchase Restrictions: Implications for Second Amendment Law

Date: Nov 6, 2024
Tenth Circuit Upholds Colorado's Age-Based Firearm Purchase Restrictions: Implications for Second Amendment Law Introduction In the landmark case of Rocky Mountain Gun Owners; Tate Mosgrove; Adrian...
10th Circuit Affirms Deliberate Indifference Standard in Gender-Affirming Care Discontinuation

10th Circuit Affirms Deliberate Indifference Standard in Gender-Affirming Care Discontinuation

Date: Nov 6, 2024
10th Circuit Affirms Deliberate Indifference Standard in Gender-Affirming Care Discontinuation Introduction In the case of LAMONE M. JOHNSON v. DR. SANDERS et al., the United States Court of Appeals...
Limited Appellate Jurisdiction Over Successive Asset Freeze Motions Under 28 U.S.C. § 1292(a)(1)

Limited Appellate Jurisdiction Over Successive Asset Freeze Motions Under 28 U.S.C. § 1292(a)(1)

Date: Nov 5, 2024
Limited Appellate Jurisdiction Over Successive Asset Freeze Motions Under 28 U.S.C. § 1292(a)(1) Introduction The case of United States Securities and Exchange Commission v. Michael S. Young et al....
Eleventh Amendment Immunity Affirmed in Free Speech Coalition v. Anderson

Eleventh Amendment Immunity Affirmed in Free Speech Coalition v. Anderson

Date: Oct 2, 2024
Eleventh Amendment Immunity Affirmed in Free Speech Coalition v. Anderson Introduction In the case of Free Speech Coalition, Inc. et al. v. Anderson, heard by the United States Court of Appeals for...
Reversing Dismissal of Discrimination Claims under Title VII and CADA: McNellis v. Douglas County School District

Reversing Dismissal of Discrimination Claims under Title VII and CADA: McNellis v. Douglas County School District

Date: Sep 11, 2024
Reversing Dismissal of Discrimination Claims under Title VII and CADA: McNellis v. Douglas County School District Introduction In the case of Corey McNellis v. Douglas County School District (DCSD),...
Strict Adherence to Amended Guideline Minimum in Sentence Reductions: Tenth Circuit Affirms Denial under §3582(c)(2)

Strict Adherence to Amended Guideline Minimum in Sentence Reductions: Tenth Circuit Affirms Denial under §3582(c)(2)

Date: Aug 21, 2024
Strict Adherence to Amended Guideline Minimum in Sentence Reductions: Tenth Circuit Affirms Denial under §3582(c)(2) Introduction In the case of United States of America v. Marlon Alonzo Smith, the...
InfoCision Management Corp. v. Colorado Secretary of State: Tenth Circuit Establishes Mootness in Charitable Solicitation Regulations

InfoCision Management Corp. v. Colorado Secretary of State: Tenth Circuit Establishes Mootness in Charitable Solicitation Regulations

Date: Aug 10, 2024
InfoCision Management Corp. v. Colorado Secretary of State: Tenth Circuit Establishes Mootness in Charitable Solicitation Regulations Introduction In the landmark case of InfoCision Management...
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