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  • Commentaries
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10th Circuit Case Commentaries

10th Circuit Reinforces Rigorous Pleading Standards for RICO Fraud Claims in Equity-Indexed Annuity Disputes

10th Circuit Reinforces Rigorous Pleading Standards for RICO Fraud Claims in Equity-Indexed Annuity Disputes

Date: Mar 29, 2023
10th Circuit Reinforces Rigorous Pleading Standards for RICO Fraud Claims in Equity-Indexed Annuity Disputes Introduction In the landmark case of Clinton et al. v. Security Benefit Life Insurance...
Qualified Immunity Affirmed in Investigatory Stop of Suspected Fugitive's Family

Qualified Immunity Affirmed in Investigatory Stop of Suspected Fugitive's Family

Date: Mar 11, 2023
Qualified Immunity Affirmed in Investigatory Stop of Suspected Fugitive's Family Introduction In the landmark case BRETT HEMRY; GENALYN HEMRY v. BRADLEY M. ROSS; MEHRAN AZIZIAN, adjudicated by the...
Affirmation of Qualified Immunity in Police Use of Deadly Force: Palacios v. Salt Lake City Police Department

Affirmation of Qualified Immunity in Police Use of Deadly Force: Palacios v. Salt Lake City Police Department

Date: Mar 8, 2023
Affirmation of Qualified Immunity in Police Use of Deadly Force: Palacios v. Salt Lake City Police Department Introduction The case of Elsa Karina Palacios, acting as the personal representative of...
Establishing Precedent on Equitable Tolling and Malicious Prosecution in Shrum v. Cooke

Establishing Precedent on Equitable Tolling and Malicious Prosecution in Shrum v. Cooke

Date: Mar 1, 2023
Establishing Precedent on Equitable Tolling and Malicious Prosecution in Shrum v. Cooke Introduction In the landmark case of Shrum v. Cooke, the United States Court of Appeals for the Tenth Circuit...
Federal Appellate Decision Clarifies Boundaries Between Compassionate Release and Post-Conviction Relief in Prosecutorial Misconduct Claims – United States v. Wesley

Federal Appellate Decision Clarifies Boundaries Between Compassionate Release and Post-Conviction Relief in Prosecutorial Misconduct Claims – United States v. Wesley

Date: Mar 1, 2023
Federal Appellate Decision Clarifies Boundaries Between Compassionate Release and Post-Conviction Relief in Prosecutorial Misconduct Claims – United States v. Wesley Introduction In the landmark case...
Precedent-Setting Allocation of Attorneys' Fees in Multi-District Litigations: The Tenth Circuit's Ruling in In re Syngenta AG MIR 162 Corn Litigation

Precedent-Setting Allocation of Attorneys' Fees in Multi-District Litigations: The Tenth Circuit's Ruling in In re Syngenta AG MIR 162 Corn Litigation

Date: Mar 1, 2023
Precedent-Setting Allocation of Attorneys' Fees in Multi-District Litigations: The Tenth Circuit's Ruling in In re Syngenta AG MIR 162 Corn Litigation Introduction The Tenth Circuit Court of Appeals...
No Fixed Benchmark for Attorneys' Fees in Common-Fund Class Actions: Insight from Voulgaris v. Array Biopharma

No Fixed Benchmark for Attorneys' Fees in Common-Fund Class Actions: Insight from Voulgaris v. Array Biopharma

Date: Feb 28, 2023
No Fixed Benchmark for Attorneys' Fees in Common-Fund Class Actions: Insight from Voulgaris v. Array Biopharma Introduction The case of Voulgaris et al. v. Array Biopharma, Inc. et al. 60 F.4th 1259...
Reaffirming Mens Rea Standards in Controlled Substances Convictions: Kahn v. United States

Reaffirming Mens Rea Standards in Controlled Substances Convictions: Kahn v. United States

Date: Feb 4, 2023
Reaffirming Mens Rea Standards in Controlled Substances Convictions: Kahn v. United States Introduction The case of United States of America v. Shakeel Kahn (58 F.4th 1308) represents a pivotal...
Private Cause of Action Not Established under §10114(b) of the 2018 Farm Bill: Analysis of Serna v. Denver Police Department

Private Cause of Action Not Established under §10114(b) of the 2018 Farm Bill: Analysis of Serna v. Denver Police Department

Date: Jan 25, 2023
Private Cause of Action Not Established under §10114(b) of the 2018 Farm Bill: Analysis of Serna v. Denver Police Department Introduction In the landmark case of Francisco Serna v. Denver Police...
Tenth Circuit Establishes Enhanced Standards for Deliberate Indifference in Correctional Medical Care

Tenth Circuit Establishes Enhanced Standards for Deliberate Indifference in Correctional Medical Care

Date: Jan 21, 2023
Tenth Circuit Establishes Enhanced Standards for Deliberate Indifference in Correctional Medical Care Introduction The case of Yolanda Lucas, as the Special Administrator of the Estate of Michelle...
Standing Affirmed for First Amendment Challenges to Election Disclosure Laws: Insights from Rio Grande Foundation v. Toulouse Oliver

Standing Affirmed for First Amendment Challenges to Election Disclosure Laws: Insights from Rio Grande Foundation v. Toulouse Oliver

Date: Jan 19, 2023
Standing Affirmed for First Amendment Challenges to Election Disclosure Laws: Insights from Rio Grande Foundation v. Toulouse Oliver Introduction In Rio Grande Foundation; Illinois Opportunity...
Enhancing Prisoners' Rights: Johnson v. Reyna Establishes Robust Interpretation of PLRA's Physical Injury Requirement

Enhancing Prisoners' Rights: Johnson v. Reyna Establishes Robust Interpretation of PLRA's Physical Injury Requirement

Date: Jan 12, 2023
Enhancing Prisoners' Rights: Johnson v. Reyna Establishes Robust Interpretation of PLRA's Physical Injury Requirement Introduction In the landmark case of Jabari J. Johnson v. Reyna, Wargo, Korin,...
Mileto v. Commissioner: Establishing Standards for Evaluating Disability Claims

Mileto v. Commissioner: Establishing Standards for Evaluating Disability Claims

Date: Dec 24, 2022
Mileto v. Commissioner: Establishing Standards for Evaluating Disability Claims Introduction In the case of Sandra Mileto v. Commissioner, SSA, adjudicated by the United States Court of Appeals for...
Limitation of Standing in FDCPA Actions: Impact of Debt Disclosure via Outside Mailers

Limitation of Standing in FDCPA Actions: Impact of Debt Disclosure via Outside Mailers

Date: Dec 17, 2022
Limitation of Standing in FDCPA Actions: Impact of Debt Disclosure via Outside Mailers Introduction In the case of Elizabeth Shields v. Professional Bureau of Collections of Maryland, Inc. (55 F.4th...
Denial of Certificate of Appealability in Rushing v. Havernek Establishes High Threshold for Habeas Appeals

Denial of Certificate of Appealability in Rushing v. Havernek Establishes High Threshold for Habeas Appeals

Date: Dec 1, 2022
Denial of Certificate of Appealability in Rushing v. Havernek Establishes High Threshold for Habeas Appeals Introduction In the case of Thorsten Gunter Rushing v. Kameron Havernek, decided by the...
Parratt Abstention and §1983 Substantive Due Process: The Bledsoe Decision

Parratt Abstention and §1983 Substantive Due Process: The Bledsoe Decision

Date: Nov 16, 2022
Parratt Abstention and §1983 Substantive Due Process: The Bledsoe Decision Introduction In Floyd S. Bledsoe v. Board of County Commissioners for the County of Jefferson, 53 F.4th 589 (10th Cir....
10th Circuit Clarifies Qualified Immunity in Excessive Force Claims Involving Minimal Resistance and Misdemeanor Offenses

10th Circuit Clarifies Qualified Immunity in Excessive Force Claims Involving Minimal Resistance and Misdemeanor Offenses

Date: Nov 10, 2022
10th Circuit Clarifies Qualified Immunity in Excessive Force Claims Involving Minimal Resistance and Misdemeanor Offenses Introduction The case of Michaella Lynn Surat v. Randall Klamser dealt with...
Burden of Proof in Arm-of-the-State Analysis Confirmed by Tenth Circuit in Hennessey v. UKHA

Burden of Proof in Arm-of-the-State Analysis Confirmed by Tenth Circuit in Hennessey v. UKHA

Date: Nov 10, 2022
Burden of Proof in Arm-of-the-State Analysis Confirmed by Tenth Circuit in Hennessey v. UKHA Introduction The case of Tamatha Hennessey v. University of Kansas Hospital Authority (UKHA) delves into...
Comprehensive Commentary on Menzies v. Powell: Upholding State Remedies on Ineffective Counsel and Sentencing Procedures

Comprehensive Commentary on Menzies v. Powell: Upholding State Remedies on Ineffective Counsel and Sentencing Procedures

Date: Nov 8, 2022
Comprehensive Commentary on Menzies v. Powell: Upholding State Remedies on Ineffective Counsel and Sentencing Procedures 1. Introduction Menzies v. Powell is a pivotal case heard by the United States...
Affirmation of Sovereign Immunity in Garnishment of CARES Act Economic Impact Payments

Affirmation of Sovereign Immunity in Garnishment of CARES Act Economic Impact Payments

Date: Nov 4, 2022
Affirmation of Sovereign Immunity in Garnishment of CARES Act Economic Impact Payments Introduction In the case of Maikijah A. Hakeem v. Kansas Department of Human Services, Child Support Enforcement...
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