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  • Commentaries
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10th Circuit Case Commentaries

Scope of Protected Activities Under Title VII in Retaliation Claims Affirmed

Scope of Protected Activities Under Title VII in Retaliation Claims Affirmed

Date: Nov 2, 2022
Scope of Protected Activities Under Title VII in Retaliation Claims Affirmed Introduction In the case of Mark Christopher Tracy, Plaintiff-Appellant v. Vail Resorts, Inc., the United States Court of...
Nielsen v. Commissioner: Establishing Robust Standards for Evaluating Medical Opinions in SSI Claims

Nielsen v. Commissioner: Establishing Robust Standards for Evaluating Medical Opinions in SSI Claims

Date: Oct 29, 2022
Nielsen v. Commissioner: Establishing Robust Standards for Evaluating Medical Opinions in SSI Claims Introduction Nielsen v. Commissioner is a pivotal case adjudicated by the United States Court of...
Reaffirmation of Evidentiary Standards and Procedural Rules in United States v. Herrera et al.

Reaffirmation of Evidentiary Standards and Procedural Rules in United States v. Herrera et al.

Date: Oct 28, 2022
Reaffirmation of Evidentiary Standards and Procedural Rules in United States v. Herrera et al. Introduction In the landmark case United States of America v. Carlos Herrera, a/k/a Lazy, et al.,...
Affirmation of Expert Testimony and Evidentiary Discretion under Rule 26 and Rule 403: Tenth Circuit's Analysis in Vincent v. Nelson

Affirmation of Expert Testimony and Evidentiary Discretion under Rule 26 and Rule 403: Tenth Circuit's Analysis in Vincent v. Nelson

Date: Oct 28, 2022
Affirmation of Expert Testimony and Evidentiary Discretion under Rule 26 and Rule 403: Tenth Circuit's Analysis in Vincent v. Nelson Introduction In the case of Wesley Dale Vincent v. Ava Nelson,...
Enforcement of Appeal Waivers in Plea Agreements Post-Law Changes: United States v. Joseph Keegan Haas

Enforcement of Appeal Waivers in Plea Agreements Post-Law Changes: United States v. Joseph Keegan Haas

Date: Oct 28, 2022
Enforcement of Appeal Waivers in Plea Agreements Post-Law Changes: United States v. Joseph Keegan Haas Introduction The case of United States of America v. Joseph Keegan Haas addresses critical...
Hobbs Act Robbery Affirmed as a Crime of Violence under 18 U.S.C. §924(c)(3)(A)

Hobbs Act Robbery Affirmed as a Crime of Violence under 18 U.S.C. §924(c)(3)(A)

Date: Sep 27, 2022
Hobbs Act Robbery Affirmed as a Crime of Violence under 18 U.S.C. §924(c)(3)(A) Introduction In the case of United States of America v. Abasi S. Baker, 49 F.4th 1348, the United States Court of...
Independent Decisionmaking Blocks Causal Link in FMLA Retaliation Claims: Parker v. United Airlines

Independent Decisionmaking Blocks Causal Link in FMLA Retaliation Claims: Parker v. United Airlines

Date: Sep 27, 2022
Independent Decisionmaking Blocks Causal Link in FMLA Retaliation Claims: Parker v. United Airlines Introduction In the case of Jeannie Parker v. United Airlines, Inc., adjudicated by the United...
Jurisdictional Limitations and the Actual Innocence Exception in Habeas Corpus: Analyzing Pacheco v. El Habti

Jurisdictional Limitations and the Actual Innocence Exception in Habeas Corpus: Analyzing Pacheco v. El Habti

Date: Sep 16, 2022
Jurisdictional Limitations and the Actual Innocence Exception in Habeas Corpus: Analyzing Pacheco v. El Habti Introduction Pacheco v. El Habti, 48 F.4th 1179 (10th Cir. 2022), is a pivotal case...
Affirmation of Deliberate Indifference in Custodial Medical Care: Paugh v. Uintah County

Affirmation of Deliberate Indifference in Custodial Medical Care: Paugh v. Uintah County

Date: Sep 8, 2022
Affirmation of Deliberate Indifference in Custodial Medical Care: Paugh v. Uintah County Introduction The case of Noleen Paugh and Donald Paugh, as heirs of Coby Lee Paugh, versus Uintah County and...
10th Circuit Reverses Summary Judgment on Retaliation and Hostile Work Environment Claims in Employment Discrimination Case

10th Circuit Reverses Summary Judgment on Retaliation and Hostile Work Environment Claims in Employment Discrimination Case

Date: Aug 24, 2022
10th Circuit Reverses Summary Judgment on Retaliation and Hostile Work Environment Claims in Employment Discrimination Case Introduction La'Tonya Ford, an African-American business development...
Reversal of Summary Judgment in Fraudulent Transfer Case under Utah's UFTA

Reversal of Summary Judgment in Fraudulent Transfer Case under Utah's UFTA

Date: Aug 23, 2022
Reversal of Summary Judgment in Fraudulent Transfer Case under Utah's UFTA Introduction The case of Tammy B. Georgelas et al. v. Desert Hill Ventures, Inc. et al. (45 F.4th 1193) revolves around the...
Strengthening Fourth Amendment Rights: The Foregone Conclusion Standard in United States v. Johnson

Strengthening Fourth Amendment Rights: The Foregone Conclusion Standard in United States v. Johnson

Date: Aug 10, 2022
Strengthening Fourth Amendment Rights: The Foregone Conclusion Standard in United States v. Johnson Introduction In the landmark case United States of America v. Nathaniel Donald Johnson, the United...
10th Circuit Strikes Down Colorado's Section 307(4) as a First Amendment Violation

10th Circuit Strikes Down Colorado's Section 307(4) as a First Amendment Violation

Date: Aug 10, 2022
10th Circuit Strikes Down Colorado's Section 307(4) as a First Amendment Violation Introduction In the landmark case of Jessica Peck v. Beth McCann, the United States Court of Appeals for the Tenth...
Affirmation of Arbitration Award in ADEA Case Reinforces FAA's Favoring of Arbitration and Interpretation of But-For Causation

Affirmation of Arbitration Award in ADEA Case Reinforces FAA's Favoring of Arbitration and Interpretation of But-For Causation

Date: Aug 4, 2022
Affirmation of Arbitration Award in ADEA Case Reinforces FAA's Favoring of Arbitration and Interpretation of But-For Causation Introduction The case of Mary Jane Cox v. Dex Media, Inc. adjudicated by...
Tenth Circuit Expands Admissibility of Party-Opponent Admissions by Independent Contractors in Discrimination Claims

Tenth Circuit Expands Admissibility of Party-Opponent Admissions by Independent Contractors in Discrimination Claims

Date: Aug 4, 2022
Tenth Circuit Expands Admissibility of Party-Opponent Admissions by Independent Contractors in Discrimination Claims Introduction The case of Michael Cruz v. Farmers Insurance Exchange et al....
KELLY DANSIE v. UNION PACIFIC RAILROAD CO.: Reinforcing the Employer's Duty in the ADA Interactive Process

KELLY DANSIE v. UNION PACIFIC RAILROAD CO.: Reinforcing the Employer's Duty in the ADA Interactive Process

Date: Aug 3, 2022
KELLY DANSIE v. UNION PACIFIC RAILROAD CO.: Reinforcing the Employer's Duty in the ADA Interactive Process Introduction The case of Kelly Dansie versus Union Pacific Railroad Company (42 F.4th 1184)...
Establishing Standards for Expert Testimony Reliability Under Daubert: Roe v. FCA

Establishing Standards for Expert Testimony Reliability Under Daubert: Roe v. FCA

Date: Aug 3, 2022
Establishing Standards for Expert Testimony Reliability Under Daubert: Roe v. FCA Introduction In Roe v. FCA U.S. LLC, the United States Court of Appeals for the Tenth Circuit navigated complex...
Affirmation of Non-Expansion of Bivens Claims: Silva v. United States

Affirmation of Non-Expansion of Bivens Claims: Silva v. United States

Date: Aug 2, 2022
Affirmation of Non-Expansion of Bivens Claims: Silva v. United States Introduction In Anderson Coutinho Silva v. United States of America; Brandon Shaw (45 F.4th 1134, 2022), the United States Court...
Affirmation of Denial to Correct Final Judgment: Clarifying Administrative Closure Under Colorado River Abstention Doctrine

Affirmation of Denial to Correct Final Judgment: Clarifying Administrative Closure Under Colorado River Abstention Doctrine

Date: Jul 30, 2022
Affirmation of Denial to Correct Final Judgment: Clarifying Administrative Closure Under Colorado River Abstention Doctrine Introduction The case of Lance Cassino v. JP Morgan Chase Bank National...
Affirmation of Qualified Immunity in First Amendment Retaliation Claims: Frey v. Town of Jackson

Affirmation of Qualified Immunity in First Amendment Retaliation Claims: Frey v. Town of Jackson

Date: Jul 27, 2022
Affirmation of Qualified Immunity in First Amendment Retaliation Claims: Frey v. Town of Jackson Introduction The case of William Frey v. The Town of Jackson, Wyoming examined the boundaries of...
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