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  • Commentaries
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10th Circuit Case Commentaries

Establishing Meaningful Benchmarks for ERISA Fiduciary Duty of Prudence: Insights from Tenth Circuit's Affirmation in Matney v. Barrick Gold

Establishing Meaningful Benchmarks for ERISA Fiduciary Duty of Prudence: Insights from Tenth Circuit's Affirmation in Matney v. Barrick Gold

Date: Sep 7, 2023
Establishing Meaningful Benchmarks for ERISA Fiduciary Duty of Prudence: Insights from Tenth Circuit's Affirmation in Matney v. Barrick Gold Introduction The case of Matney v. Barrick Gold of North...
Strict Adherence to Procedural Bars in Ineffective Assistance Claims: Tryon v. Quick

Strict Adherence to Procedural Bars in Ineffective Assistance Claims: Tryon v. Quick

Date: Aug 31, 2023
Strict Adherence to Procedural Bars in Ineffective Assistance Claims: Tryon v. Quick Introduction In the case of Isaiah Glenndell Tryon v. Christe Quick, decided by the United States Court of Appeals...
Establishing Procedural Rigor in Dismissals with Prejudice: Tenth Circuit’s Decision in Carraway v. State Farm

Establishing Procedural Rigor in Dismissals with Prejudice: Tenth Circuit’s Decision in Carraway v. State Farm

Date: Aug 23, 2023
Establishing Procedural Rigor in Dismissals with Prejudice: Tenth Circuit’s Decision in Carraway v. State Farm Introduction In the case of Robert Carraway v. State Farm Fire and Casualty Company,...
Ensuring Meaningful Dialogue in ERISA Claims Processing: David P. v. United Healthcare Insurance Company

Ensuring Meaningful Dialogue in ERISA Claims Processing: David P. v. United Healthcare Insurance Company

Date: Aug 16, 2023
Ensuring Meaningful Dialogue in ERISA Claims Processing: David P. v. United Healthcare Insurance Company Introduction In the case of David P.; L. P. v. United Healthcare Insurance Company,...
Frederick v. Warden: Tenth Circuit Upholds AEDPA Deference in Ineffective Assistance Claims

Frederick v. Warden: Tenth Circuit Upholds AEDPA Deference in Ineffective Assistance Claims

Date: Aug 15, 2023
Frederick v. Warden: Tenth Circuit Upholds AEDPA Deference in Ineffective Assistance Claims Introduction In the case of Darrell Wayne Frederick v. Christe Quick, Warden, Oklahoma State Penitentiary,...
Affirmation of Per-Count JVTA Assessments and Clarification of Sixth Amendment Counsel Rights in Dual Sovereignty Contexts

Affirmation of Per-Count JVTA Assessments and Clarification of Sixth Amendment Counsel Rights in Dual Sovereignty Contexts

Date: Aug 12, 2023
Affirmation of Per-Count JVTA Assessments and Clarification of Sixth Amendment Counsel Rights in Dual Sovereignty Contexts Introduction In the landmark case of United States of America v. Edmond Carl...
Reinforcing Receiver's Authority under UVTA and Securities Laws: Klein v. Roe and Others

Reinforcing Receiver's Authority under UVTA and Securities Laws: Klein v. Roe and Others

Date: Aug 8, 2023
Reinforcing Receiver's Authority under UVTA and Securities Laws: Klein v. Roe and Others Introduction The United States Court of Appeals for the Tenth Circuit, in the case of R. Wayne Klein, as...
Daimler Trucks North America Liability in Product Defect Claims Affirmed by Tenth Circuit

Daimler Trucks North America Liability in Product Defect Claims Affirmed by Tenth Circuit

Date: Jul 22, 2023
Daimler Trucks North America Liability in Product Defect Claims Affirmed by Tenth Circuit Introduction In the case of Butler v. Daimler Trucks North America, LLC, the United States Court of Appeals...
Protecting First Amendment Rights in Police Interactions: Tenth Circuit Reverses Summary Judgment in John Jordan Case

Protecting First Amendment Rights in Police Interactions: Tenth Circuit Reverses Summary Judgment in John Jordan Case

Date: Jul 19, 2023
Protecting First Amendment Rights in Police Interactions: Tenth Circuit Reverses Summary Judgment in John Jordan Case Introduction In the landmark case of John Jordan v. Adams County Sheriff's...
Affirmation of Receiver's Authority to Pursue Fraudulent Transfer Claims under the Utah UVTA

Affirmation of Receiver's Authority to Pursue Fraudulent Transfer Claims under the Utah UVTA

Date: Jul 15, 2023
Affirmation of Receiver's Authority to Pursue Fraudulent Transfer Claims under the Utah Uniform Voidable Transactions Act (UVTA) Introduction In the landmark case R. Wayne Klein, as Receiver,...
Refining Qualified Immunity Standards for Supervisory Liability in Use of Force Cases: Wise v. Caffey and Bowling

Refining Qualified Immunity Standards for Supervisory Liability in Use of Force Cases: Wise v. Caffey and Bowling

Date: Jul 12, 2023
Refining Qualified Immunity Standards for Supervisory Liability in Use of Force Cases: Wise v. Caffey and Bowling 1. Introduction Wise v. Caffey and Bowling, adjudicated in the United States Court of...
Strict Scrutiny of Pseudonymous Litigation: Tenth Circuit Affirms Denial in Luo v. Wang

Strict Scrutiny of Pseudonymous Litigation: Tenth Circuit Affirms Denial in Luo v. Wang

Date: Jul 4, 2023
Strict Scrutiny of Pseudonymous Litigation: Tenth Circuit Affirms Denial in Luo v. Wang Introduction The case of Xingfei Luo v. Paul Wang, adjudicated by the United States Court of Appeals for the...
Clarifying Deference to Sentencing Guidelines Commentary: Tenth Circuit in United States v. Maloid

Clarifying Deference to Sentencing Guidelines Commentary: Tenth Circuit in United States v. Maloid

Date: Jun 24, 2023
Clarifying Deference to Sentencing Guidelines Commentary: Tenth Circuit in United States v. Maloid Introduction In the case of United States of America v. Quindell Tyree Maloid, 71 F.4th 795 (10th...
Affirmation of Tollett Standard in Collateral Challenges to Guilty Pleas: United States v. Spaeth

Affirmation of Tollett Standard in Collateral Challenges to Guilty Pleas: United States v. Spaeth

Date: Jun 13, 2023
Affirmation of Tollett Standard in Collateral Challenges to Guilty Pleas: United States v. Spaeth Introduction In the case of UNITED STATES OF AMERICA v. MATTHEW C. SPAETH, decided on June 12, 2023,...
Compassionate Release Standards Amid COVID-19: Insights from Ford v. United States

Compassionate Release Standards Amid COVID-19: Insights from Ford v. United States

Date: Jun 7, 2023
Compassionate Release Standards Amid COVID-19: Insights from Ford v. United States Introduction United States of America v. Willie F. Ford is a significant appellate decision from the United States...
New Precedent on Mootness and Agency Inaction under the APA in Audubon of Kansas v. Department of Interior

New Precedent on Mootness and Agency Inaction under the APA in Audubon of Kansas v. Department of Interior

Date: May 16, 2023
New Precedent on Mootness and Agency Inaction under the APA in Audubon of Kansas v. Department of Interior Introduction In the landmark case of Audubon of Kansas, Inc. v. United States Department of...
Enhanced Procedural Standards for ERISA Medical Claims: Insights from D.K. v. United Behavioral Health

Enhanced Procedural Standards for ERISA Medical Claims: Insights from D.K. v. United Behavioral Health

Date: May 16, 2023
Enhanced Procedural Standards for ERISA Medical Claims: Insights from D.K.; K.K. v. United Behavioral Health Introduction In the landmark case of D.K.; K.K. v. United Behavioral Health; Alcatel -...
10th Circuit Affirms Proper Indemnification and Valid Draw under Oklahoma UCC in EFLO Energy v. Devon Energy

10th Circuit Affirms Proper Indemnification and Valid Draw under Oklahoma UCC in EFLO Energy v. Devon Energy

Date: Apr 25, 2023
10th Circuit Affirms Proper Indemnification and Valid Draw under Oklahoma UCC in EFLO Energy v. Devon Energy Introduction The case of EFLO Energy; Pacific LNG Operations, Ltd. v. Devon Energy...
Tenth Circuit Establishes Precedent on Single-Incident Municipal Liability for Failure to Train in Excessive Force Cases

Tenth Circuit Establishes Precedent on Single-Incident Municipal Liability for Failure to Train in Excessive Force Cases

Date: Apr 25, 2023
Tenth Circuit Establishes Precedent on Single-Incident Municipal Liability for Failure to Train in Excessive Force Cases Introduction The case of Michael Valdez v. John Macdonald, Denver Police...
Reversing Rooker-Feldman, Heck, and Younger: A Landmark Decision in Debt Collection Practices

Reversing Rooker-Feldman, Heck, and Younger: A Landmark Decision in Debt Collection Practices

Date: Apr 11, 2023
Reversing Rooker-Feldman, Heck, and Younger: A Landmark Decision in Debt Collection Practices Introduction In the notable case of Carly Graff et al. v. Aberdeen Enterprizes, II, Inc. et al., the...
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