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10th Circuit Case Commentaries

Affirmation of Summary Judgment in FCA Suit Against Lawrence Memorial Hospital Highlights Strict Materiality Standard

Affirmation of Summary Judgment in FCA Suit Against Lawrence Memorial Hospital Highlights Strict Materiality Standard

Date: Feb 8, 2020
Affirmation of Summary Judgment in FCA Suit Against Lawrence Memorial Hospital Highlights Strict Materiality Standard Introduction In the case of United States of America, ex rel. Stacey L. Janssen...
Affirming Reasonable Workplace Safety Standards Under FELA: BNSF Railway Company v. Ezell

Affirming Reasonable Workplace Safety Standards Under FELA: BNSF Railway Company v. Ezell

Date: Feb 6, 2020
Affirming Reasonable Workplace Safety Standards Under FELA: BNSF Railway Company v. Ezell Introduction In the case of George M. Ezell v. BNSF Railway Company, decided by the United States Court of...
Integral and Indispensable Work Time under FLSA: Insights from Marisela Aguilar et al. v. Management & Training Corporation

Integral and Indispensable Work Time under FLSA: Insights from Marisela Aguilar et al. v. Management & Training Corporation

Date: Feb 5, 2020
Integral and Indispensable Work Time under FLSA: Insights from Marisela Aguilar et al. v. Management & Training Corporation Introduction In Marisela Aguilar; Miguel Blanco; Francisco J. Carranza; et...
Interpreting 'Extension' under the Clean Air Act: Tenth Circuit Establishes Precedence in EPA's Small Refinery Exemption Power

Interpreting 'Extension' under the Clean Air Act: Tenth Circuit Establishes Precedence in EPA's Small Refinery Exemption Power

Date: Jan 25, 2020
Interpreting 'Extension' under the Clean Air Act: Tenth Circuit Establishes Precedence in EPA's Small Refinery Exemption Power Introduction The case of Renewable Fuels Association et al. v....
Enhancing Prudential Standing in Federal Jurisdiction: Insights from Hill v. Warsewa et al.

Enhancing Prudential Standing in Federal Jurisdiction: Insights from Hill v. Warsewa et al.

Date: Jan 24, 2020
Enhancing Prudential Standing in Federal Jurisdiction: Insights from Hill v. Warsewa et al. Introduction In the landmark case Roger Hill v. Mark Everett Warsewa; Linda Joseph; The State of Colorado,...
Donahue v. Wihongi: Upholding Fourth Amendment Standards in Public Intoxication Arrests

Donahue v. Wihongi: Upholding Fourth Amendment Standards in Public Intoxication Arrests

Date: Jan 18, 2020
Donahue v. Wihongi: Upholding Fourth Amendment Standards in Public Intoxication Arrests Introduction The case of Kevin Leo Donahue versus Officer Shaun Wihongi, Salt Lake City Police Department...
Reaffirming Jurisdictional Authority in Cancellation of Removal Amid Prolonged Proceedings: Martinez-Perez v. Barr

Reaffirming Jurisdictional Authority in Cancellation of Removal Amid Prolonged Proceedings: Martinez-Perez v. Barr

Date: Jan 18, 2020
Reaffirming Jurisdictional Authority in Cancellation of Removal Amid Prolonged Proceedings: Martinez-Perez v. Barr Introduction The case of Alonso Martinez-Perez v. William Barr, adjudicated by the...
Interstate Detainers and Due Process: Insights from Maurer v. Idaho Department of Corrections

Interstate Detainers and Due Process: Insights from Maurer v. Idaho Department of Corrections

Date: Jan 16, 2020
Interstate Detainers and Due Process: Insights from Maurer v. Idaho Department of Corrections Introduction In the case of Steven Brent Maurer v. Idaho Department of Corrections, decided by the United...
Establishing Strict Qualifications for Qualified Immunity in Eighth Amendment Claims: Walker v. Mohiuddin

Establishing Strict Qualifications for Qualified Immunity in Eighth Amendment Claims: Walker v. Mohiuddin

Date: Jan 15, 2020
Establishing Strict Qualifications for Qualified Immunity in Eighth Amendment Claims: Walker v. Mohiuddin Introduction Walker v. Mohiuddin is a pivotal case adjudicated by the United States Court of...
No Redemption Rights under Federal Tax Liens: Arlin Geophysical Co. v. United States

No Redemption Rights under Federal Tax Liens: Arlin Geophysical Co. v. United States

Date: Jan 15, 2020
No Redemption Rights under Federal Tax Liens: Arlin Geophysical Co. v. United States Introduction In the case of Arlin Geophysical Company; Laura Olson v. United States of America, adjudicated by the...
Insufficient Personal Jurisdiction in Isolated Out-of-State Transactions: Dental Dynamics LLC v. Jolly Dental Group LLC

Insufficient Personal Jurisdiction in Isolated Out-of-State Transactions: Dental Dynamics LLC v. Jolly Dental Group LLC

Date: Jan 10, 2020
Insufficient Personal Jurisdiction in Isolated Out-of-State Transactions: Dental Dynamics LLC v. Jolly Dental Group LLC Introduction Dental Dynamics, LLC v. Jolly Dental Group, LLC is a pivotal case...
Comprehensive Legal Commentary on UNITED STATES OF AMERICA v. JASON DAVON GARCIA (946 F.3d 1191)

Comprehensive Legal Commentary on UNITED STATES OF AMERICA v. JASON DAVON GARCIA (946 F.3d 1191)

Date: Jan 8, 2020
Affirmation of Felon-in-Possession Sentence: Analyzing the United States of America v. Jason Davon Garcia Decision Introduction The case of United States of America v. Jason Davon Garcia (946 F.3d...
Affirmation of Preponderance of Evidence Standard in Sentencing: Analysis of United States v. Robertson

Affirmation of Preponderance of Evidence Standard in Sentencing: Analysis of United States v. Robertson

Date: Jan 7, 2020
Affirmation of Preponderance of Evidence Standard in Sentencing: Analysis of United States v. Robertson (10th Cir. 2020) Introduction United States v. Jeremias Robertson, 946 F.3d 1168 (10th Cir....
Affirming Limits on Qualified Immunity: Excessive Force and Medical Negligence under the Fourth and Fourteenth Amendments

Affirming Limits on Qualified Immunity: Excessive Force and Medical Negligence under the Fourth and Fourteenth Amendments

Date: Dec 28, 2019
Affirming Limits on Qualified Immunity: Excessive Force and Medical Negligence under the Fourth and Fourteenth Amendments 1. Introduction In the case of Warren McCowan v. Mark Moralez and The City of...
Enhanced Guidelines for Controlled Substance Offenses: Faulkner v. United States

Enhanced Guidelines for Controlled Substance Offenses: Faulkner v. United States

Date: Dec 25, 2019
Enhanced Guidelines for Controlled Substance Offenses: Faulkner v. United States Introduction In Faulkner v. United States, 950 F.3d 670 (10th Cir. 2019), the United States Court of Appeals for the...
Younger Abstention Affirmed in Denial of Jury Trial Relief

Younger Abstention Affirmed in Denial of Jury Trial Relief

Date: Dec 24, 2019
Younger Abstention Affirmed in Denial of Jury Trial Relief Introduction In the case of Douglas Ray Winn v. Max Cook, adjudicated on December 23, 2019, the United States Court of Appeals for the Tenth...
Waiver of Insufficient-Evidence Claims and Plain-Error Standards in Criminal Appeals: Insights from United States v. Leffler

Waiver of Insufficient-Evidence Claims and Plain-Error Standards in Criminal Appeals: Insights from United States v. Leffler

Date: Nov 20, 2019
Waiver of Insufficient-Evidence Claims and Plain-Error Standards in Criminal Appeals: Insights from United States v. Leffler Introduction The case of United States of America v. Kevin Dewayne Leffler...
Expert Medical Evidence Not Universally Required to Establish ADA Disability: Tenth Circuit Reverses Summary Judgment

Expert Medical Evidence Not Universally Required to Establish ADA Disability: Tenth Circuit Reverses Summary Judgment

Date: Nov 9, 2019
Expert Medical Evidence Not Universally Required to Establish ADA Disability: Tenth Circuit Reverses Summary Judgment Introduction In the case of Jonella Tesone v. Empire Marketing Strategies, the...
Expanded Duty of Defense Counsel in Pursuing Pretrial Intellectual Disability Hearings in Capital Cases

Expanded Duty of Defense Counsel in Pursuing Pretrial Intellectual Disability Hearings in Capital Cases

Date: Oct 29, 2019
Expanded Duty of Defense Counsel in Pursuing Pretrial Intellectual Disability Hearings in Capital Cases Introduction In the landmark case of Jimmy Dean Harris v. Tommy Sharp, adjudicated by the...
Reversing Summary Judgment in ADA and Title VII Claims: Mestas v. Town of Evansville

Reversing Summary Judgment in ADA and Title VII Claims: Mestas v. Town of Evansville

Date: Sep 7, 2019
Reversing Summary Judgment in ADA and Title VII Claims: Mestas v. Town of Evansville Introduction In the case of Roy Mestas, Plaintiff-Appellant v. Town of Evansville, Wyoming, Defendant-Appellee,...
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