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  • Commentaries
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10th Circuit Case Commentaries

Enhanced Requirements for Constructive Possession under 18 U.S.C. § 922(g)(1): United States v. Samora

Enhanced Requirements for Constructive Possession under 18 U.S.C. § 922(g)(1): United States v. Samora

Date: Apr 9, 2020
Enhanced Requirements for Constructive Possession under 18 U.S.C. § 922(g)(1): United States v. Samora Introduction United States v. Fernando Miguel Samora (954 F.3d 1286) is a pivotal case...
Protecting Officer Safety: Upholding Criminal-History Checks During Traffic Stops Under the Fourth Amendment

Protecting Officer Safety: Upholding Criminal-History Checks During Traffic Stops Under the Fourth Amendment

Date: Apr 8, 2020
Protecting Officer Safety: Upholding Criminal-History Checks During Traffic Stops Under the Fourth Amendment Introduction In the case of United States of America v. John Elisha Mayville, the United...
IRS Upholds § 280E Enforcement Against State-Legal Marijuana Dispensaries

IRS Upholds § 280E Enforcement Against State-Legal Marijuana Dispensaries

Date: Apr 8, 2020
IRS Upholds § 280E Enforcement Against State-Legal Marijuana Dispensaries Introduction In the pivotal case of Standing Akimbo, LLC, et al. v. United States of America (955 F.3d 1146, 10th Cir. 2020),...
Limitations on Prosecutorial Immunity in Malicious Prosecution: Insights from Carbajal v. McCann in the Tenth Circuit

Limitations on Prosecutorial Immunity in Malicious Prosecution: Insights from Carbajal v. McCann in the Tenth Circuit

Date: Mar 31, 2020
Limitations on Prosecutorial Immunity in Malicious Prosecution: Insights from Carbajal v. McCann in the Tenth Circuit Introduction Carbajal v. McCann, adjudicated by the United States Court of...
Saldana v. United States: Defining 'Extraordinary and Compelling Reasons' for Sentence Reduction under § 3582(c)(1)(A)

Saldana v. United States: Defining 'Extraordinary and Compelling Reasons' for Sentence Reduction under § 3582(c)(1)(A)

Date: Mar 27, 2020
Saldana v. United States: Defining 'Extraordinary and Compelling Reasons' for Sentence Reduction under § 3582(c)(1)(A) Introduction Saldana v. United States is a pivotal case adjudicated by the...
Authority of Magistrate Judges in Plea Proceedings and Sentencing Guidelines Application: United States v. Finnesy

Authority of Magistrate Judges in Plea Proceedings and Sentencing Guidelines Application: United States v. Finnesy

Date: Mar 21, 2020
Authority of Magistrate Judges in Plea Proceedings and Sentencing Guidelines Application: United States v. Finnesy Introduction In the case of United States of America v. Brandon Thomas Finnesy, 953...
Federal Subject Matter Jurisdiction Confirmed Over State Court Jurisdiction in Class Action Settlement Enforcement

Federal Subject Matter Jurisdiction Confirmed Over State Court Jurisdiction in Class Action Settlement Enforcement

Date: Mar 19, 2020
Federal Subject Matter Jurisdiction Confirmed Over State Court Jurisdiction in Class Action Settlement Enforcement Introduction The case of ELNA SEFCOVIC, LLC; White River Royalties, LLC; Juhan, LP;...
Limits on Withdrawing Counsel Waiver and Reappointment under AEDPA: Wellmon v. Colorado

Limits on Withdrawing Counsel Waiver and Reappointment under AEDPA: Wellmon v. Colorado

Date: Mar 19, 2020
Limits on Withdrawing Counsel Waiver and Reappointment under AEDPA: Wellmon v. Colorado Introduction Wellmon v. Colorado Department of Corrections, 952 F.3d 1242 (10th Cir. 2020), addresses...
Proctor & Gamble Test Affirmed for 'Commercial Advertising or Promotion' under Lanham Act in Strauss v. Angie's List, Inc.

Proctor & Gamble Test Affirmed for 'Commercial Advertising or Promotion' under Lanham Act in Strauss v. Angie's List, Inc.

Date: Mar 10, 2020
Proctor & Gamble Test Affirmed for 'Commercial Advertising or Promotion' under Lanham Act in Strauss v. Angie's List, Inc. Introduction In the landmark case Strauss v. Angie's List, Inc., decided on...
Establishing State-Action Requirements and Gender Neutrality in Title IX Claims: Doe v. University of Denver

Establishing State-Action Requirements and Gender Neutrality in Title IX Claims: Doe v. University of Denver

Date: Mar 10, 2020
Establishing State-Action Requirements and Gender Neutrality in Title IX Claims: Doe v. University of Denver Introduction The case John Doe v. University of Denver (952 F.3d 1182) adjudicated by the...
Clarifying Jurisdiction: ALJ Compliance with Appeals Council Remand Orders under 42 U.S.C. § 405(g)

Clarifying Jurisdiction: ALJ Compliance with Appeals Council Remand Orders under 42 U.S.C. § 405(g)

Date: Mar 6, 2020
Clarifying Jurisdiction: ALJ Compliance with Appeals Council Remand Orders under 42 U.S.C. § 405(g) Introduction In the appellate case Arthur Noreja v. Commissioner, SSA, 952 F.3d 1172 (2020), the...
Good Faith Exception Applied to NIT-Based Warrants in Child Pornography Cases: United States v. Wagner

Good Faith Exception Applied to NIT-Based Warrants in Child Pornography Cases: United States v. Wagner

Date: Mar 4, 2020
Good Faith Exception Applied to NIT-Based Warrants in Child Pornography Cases: United States v. Wagner Introduction The case of United States of America v. Wesley Wagner examines the application of...
Clarifying Qualified Immunity in Deadly Force Use: Insights from Estate of Marquez Smart v. City of Wichita

Clarifying Qualified Immunity in Deadly Force Use: Insights from Estate of Marquez Smart v. City of Wichita

Date: Feb 27, 2020
Clarifying Qualified Immunity in Deadly Force Use: Insights from Estate of Marquez Smart v. City of Wichita Introduction The case of Estate of Marquez Smart v. City of Wichita presents a critical...
Affirmation of Absolute Immunity and Procedural Barriers in §1983 Parole Revocation Claims: Graham v. Waters

Affirmation of Absolute Immunity and Procedural Barriers in §1983 Parole Revocation Claims: Graham v. Waters

Date: Feb 26, 2020
Affirmation of Absolute Immunity and Procedural Barriers in §1983 Parole Revocation Claims: Graham v. Waters Introduction In the case of Jimmie Graham v. Tom Waters, Denise Balazic, and Alexandra...
Tenth Circuit Upholds Dismissal in Securities Fraud Class Action for Inadequate Scienter Pleading

Tenth Circuit Upholds Dismissal in Securities Fraud Class Action for Inadequate Scienter Pleading

Date: Feb 26, 2020
Tenth Circuit Upholds Dismissal in Securities Fraud Class Action for Inadequate Scienter Pleading Introduction The case of Lawrence Henry Smallen and Laura Anne Smallen Revocable Living Trust v. The...
Reinforcing Timeliness in Rehabilitation Act Claims and Judicial Recusal Standards: Rivero v. Board of Regents

Reinforcing Timeliness in Rehabilitation Act Claims and Judicial Recusal Standards: Rivero v. Board of Regents

Date: Feb 25, 2020
Reinforcing Timeliness in Rehabilitation Act Claims and Judicial Recusal Standards: Rivero v. Board of Regents Introduction In the case of Dennis P. Rivero, M.D., Plaintiff - Appellant v. Board of...
Expansive Interpretation of Companionship Exemption Extends to Third-Party Employers Under Colorado Wage Orders

Expansive Interpretation of Companionship Exemption Extends to Third-Party Employers Under Colorado Wage Orders

Date: Feb 20, 2020
Expansive Interpretation of Companionship Exemption Extends to Third-Party Employers Under Colorado Wage Orders Introduction The case of Theresa Jordan, individually and on behalf of the Proposed...
Expansion of Compassionate Release Under the First Step Act: United States v. Maumau

Expansion of Compassionate Release Under the First Step Act: United States v. Maumau

Date: Feb 19, 2020
Expansion of Compassionate Release Under the First Step Act: United States v. Maumau Introduction United States of America v. Kepa Maumau is a pivotal case adjudicated by the United States District...
Claim Preclusion and Rule 60(b) Relief in Civil Rights Litigation: Insights from Johnson v. Spencer

Claim Preclusion and Rule 60(b) Relief in Civil Rights Litigation: Insights from Johnson v. Spencer

Date: Feb 14, 2020
Claim Preclusion and Rule 60(b) Relief in Civil Rights Litigation: Insights from Johnson v. Spencer 1. Introduction Johnson v. Spencer is a pivotal judgment from the United States Court of Appeals...
Affirmation of Eighth Amendment Protections Against Sexual Abuse in Corrections Facilities

Affirmation of Eighth Amendment Protections Against Sexual Abuse in Corrections Facilities

Date: Feb 11, 2020
Affirmation of Eighth Amendment Protections Against Sexual Abuse in Corrections Facilities Introduction In the landmark case of Susan Ullery v. Bruce Bradley (949 F.3d 1282, 10th Cir., 2020), the...
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