10th Circuit Case Commentaries

U.S. v. Killblane: Tenth Circuit Upholds Inevitable Discovery in Inventory Searches Despite Procedural Lapses

Date: Oct 14, 2016

U.S. v. Killblane: Tenth Circuit Upholds Inevitable Discovery in Inventory Searches Despite Procedural Lapses Introduction In the case of United States of America v. Joshua John Killblane (662 F....

Reconciliation of Vocational Expert Testimony with DOT Job Descriptions: Insights from Japeth Paulek v. Carolyn W. Colvin

Date: Oct 4, 2016

Reconciliation of Vocational Expert Testimony with DOT Job Descriptions: Insights from Japeth Paulek v. Carolyn W. Colvin Introduction In the case of Japeth Paulek v. Carolyn W. Colvin (662 F. App'x...

Inherent Distinctiveness and Secondary Meaning in Trade Dress: Insights from Forney Industries v. Daco of Missouri

Date: Aug 30, 2016

Inherent Distinctiveness and Secondary Meaning in Trade Dress: Insights from Forney Industries v. Daco of Missouri Introduction The case of Forney Industries, Inc. v. Daco of Missouri, Inc. (835 F.3d...

Reversing Summary Judgment on FOIA Redactions: Enhanced Scrutiny of Exemptions 4 and 6

Date: Aug 30, 2016

Reversing Summary Judgment on FOIA Redactions: Enhanced Scrutiny of Exemptions 4 and 6 Introduction The case of BlaKE Brown et al. v. Thomas E. Perez, Secretary of Labor examines the boundaries of...

10th Circuit Affirms Class-Action Settlement for Landowners Against Telecommunications Companies: Adequate Notice and Fairness Confirmed

Date: Aug 30, 2016

10th Circuit Affirms Class-Action Settlement for Landowners Against Telecommunications Companies: Adequate Notice and Fairness Confirmed Introduction The case of Dale FAGER, Jr.; Michele D. Fager;...

Tenth Circuit Establishes Association-in-Fact Enterprise Standard in RICO Claims Against Financial Institutions

Date: Aug 16, 2016

Tenth Circuit Establishes Association-in-Fact Enterprise Standard in RICO Claims Against Financial Institutions Introduction In the landmark case of Richard George et al. v. Urban Settlement...

Enhancing First Amendment Retaliation Remedies in Public Employment: Insights from Bird v. West Valley City

Date: Aug 9, 2016

Enhancing First Amendment Retaliation Remedies in Public Employment: Insights from Bird v. West Valley City Introduction Bird v. West Valley City, 832 F.3d 1188 (10th Cir. 2016), is a significant...

Establishing NCMEC as a Governmental Entity: Fourth Amendment Implications

Date: Aug 6, 2016

Establishing NCMEC as a Governmental Entity: Fourth Amendment Implications Introduction The case of United States of America v. Walter E. Ackerman (831 F.3d 1292) addresses critical constitutional...

Protection of Accommodation Requests in ADA Retaliation Claims: Comprehensive Analysis of Foster v. Mountain Coal Company

Date: Jul 27, 2016

Protection of Accommodation Requests in ADA Retaliation Claims: Comprehensive Analysis of Foster v. Mountain Coal Company Introduction Parties Involved: Eugene Foster and Robert Fisk...

Qualified Immunity Affirmed in A.M. v. Holmes et al.: Implications for School-Related Arrests of Minors

Date: Jul 26, 2016

Qualified Immunity Affirmed in A.M. v. Holmes et al.: Implications for School-Related Arrests of Minors Introduction In the case of A.M., on behalf of her minor child, F.M., Plaintiff–Appellant v....

Colorado Unfair Claims Settlement Practices Act: Dual Recovery for Breach of Contract and Unreasonable Denial Confirmed

Date: Jul 20, 2016

Colorado Unfair Claims Settlement Practices Act: Dual Recovery for Breach of Contract and Unreasonable Denial Confirmed Introduction In the case of Donald L. Etherton v. Owners Insurance Company,...

Favorable Termination in §1983 Malicious Prosecution: Tenth Circuit's Ruling in M.G.; L.J.; F.C.; M.C. v. Da

Date: Jun 22, 2016

Favorable Termination in §1983 Malicious Prosecution: Tenth Circuit's Ruling in M.G.; L.J.; F.C.; M.C. v. Da Introduction In the case of M.G.; L.J.; F.C.; M.C., Plaintiffs–Appellants, v. Da, the...

Protecting Pet Ownership: Fourth Amendment Rights Affirmed in Mayfield v. Bethards

Date: Jun 21, 2016

Protecting Pet Ownership: Fourth Amendment Rights Affirmed in Mayfield v. Bethards Introduction In Kent Mayfield and Tonya Mayfield v. Jim Bethards, the United States Court of Appeals for the Tenth...

Reaffirming AEDPA Standards: Tenth Circuit Upholds Denial of Habeas Relief in Smith v. Ke

Date: Jun 7, 2016

Reaffirming AEDPA Standards: Tenth Circuit Upholds Denial of Habeas Relief in Smith v. Ke Introduction Smith v. Ke, 824 F.3d 1233 (10th Cir. 2016), is a pivotal case that reinforces the Application...

Standing of Individual Legislators in Constitutional Challenges: The Impact of Andy Kerr v. John Hickenlooper

Date: Jun 4, 2016

Standing of Individual Legislators in Constitutional Challenges: The Impact of Andy Kerr v. John Hickenlooper 1. Introduction The case of Andy Kerr, et al. v. John Hickenlooper, et al., decided by...

Clarifying Regulatory Compliance in Medicare: Insights from Caring Hearts v. Burwell

Date: Jun 1, 2016

Clarifying Regulatory Compliance in Medicare: Insights from Caring Hearts Personal Home Services, Inc. v. Burwell Introduction The case of Caring Hearts Personal Home Services, Inc. v. Sylvia Mathews...

Adair v. City of Muskogee: Affirming ADAAA Standards in Disability Discrimination and Retaliation Claims

Date: May 27, 2016

Adair v. City of Muskogee: Affirming ADAAA Standards in Disability Discrimination and Retaliation Claims Introduction In the case of Robert E. Adair v. City of Muskogee, Oklahoma, the United States...

Mootness Doctrine in Constitutional Challenges to Bigamy Statutes: Brown v. Buhman

Date: May 14, 2016

Mootness Doctrine in Constitutional Challenges to Bigamy Statutes: Brown v. Buhman Introduction In Brown v. Buhman, the United States Court of Appeals for the Tenth Circuit addressed a constitutional...

Affirmation of De Novo Review Standards in Disability Claims: Smith v. Colvin

Date: May 10, 2016

Affirmation of De Novo Review Standards in Disability Claims: Smith v. Colvin Introduction Smith v. Colvin, 821 F.3d 1264 (10th Cir. 2016), is a pivotal case addressing the standards of review in...

Extension of Time for Discovery in Inmate Litigation: Rachel v. Troutt

Date: Apr 27, 2016

Extension of Time for Discovery in Inmate Litigation: Rachel v. Troutt Introduction Rachel v. Troutt is a pivotal case decided by the United States Court of Appeals for the Tenth Circuit on April 26,...

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