10th Circuit Case Commentaries

Enhancing Religious Rights of Incarcerated Individuals under RLUIPA: Insights from Williams v. Wilkinson

Date: Apr 15, 2016

Enhancing Religious Rights of Incarcerated Individuals under RLUIPA: Insights from Williams v. Wilkinson Introduction Williams v. Wilkinson, 645 F. App'x 692 (10th Cir. 2016), marks a significant...

Amendment 782's Non-Applicability to Career Offender Sentencing Under U.S.S.G. § 4B1.1

Date: Apr 8, 2016

Amendment 782's Non-Applicability to Career Offender Sentencing Under U.S.S.G. § 4B1.1 Introduction The case of United States of America v. Matthew S. Izenberg (645 F. App'x 614) adjudicated by the...

Excessive Force and Taser Usage: Perea v. City of Albuquerque Establishes New Precedent

Date: Apr 5, 2016

Excessive Force and Taser Usage: Perea v. City of Albuquerque Establishes New Precedent Introduction In the landmark case of Merlinda Perea; Francine Puentes v. Officers Baca and Jaramillo, the...

Affirmation of Summary Judgment in Nebeker v. National Auto Plaza: Standards for Wrongful Termination and FMLA/ADA Claims under Utah Law

Date: Apr 2, 2016

Affirmation of Summary Judgment in Nebeker v. National Auto Plaza: Standards for Wrongful Termination and FMLA/ADA Claims under Utah Law Introduction In the case of Shauna Nebeker v. National Auto...

Limitation on Federal Sentence Reductions Under 18 U.S.C. § 3582(c)(2): Insights from United States v. William Kurtz

Date: Mar 30, 2016

Limitation on Federal Sentence Reductions Under 18 U.S.C. § 3582(c)(2): Insights from United States v. William Kurtz Introduction The landmark case United States of America v. William Kurtz,...

Statute of Limitations Applied to Clean Air Act Citizen Suits: Insights from Sierra Club v. Oklahoma Gas & Electric Company

Date: Mar 9, 2016

Statute of Limitations Applied to Clean Air Act Citizen Suits: Insights from Sierra Club v. Oklahoma Gas & Electric Company Introduction In the landmark case of Sierra Club, Plaintiff–Appellant, v....

Affirmation of Qualified Immunity and Malicious Prosecution Standards in Cordova v. City of Albuquerque

Date: Mar 9, 2016

Affirmation of Qualified Immunity and Malicious Prosecution Standards in Cordova v. City of Albuquerque Introduction Cordova v. City of Albuquerque is a significant case adjudicated by the United...

Defining State Action: 10th Circuit Clarifies Limits for Parking Enforcement Officers in §1983 Claims

Date: Mar 3, 2016

Defining State Action: 10th Circuit Clarifies Limits for Parking Enforcement Officers in §1983 Claims Introduction The case of Diana Sue Schaffer v. Salt Lake City Corporation et al. examines the...

Affirmation of ALJ’s Discretion in Residual Functional Capacity Assessment: Allman v. Colvin

Date: Feb 24, 2016

Affirmation of ALJ’s Discretion in Residual Functional Capacity Assessment: Allman v. Colvin Introduction Michael Allman, the Plaintiff–Appellant, sought Social Security disability benefits,...

Establishing Jurisdiction for Interlocutory Appeals in Water Rights Cases: Insights from State of New Mexico v. Trujillo

Date: Feb 20, 2016

Establishing Jurisdiction for Interlocutory Appeals in Water Rights Cases: Insights from State of New Mexico v. Trujillo Introduction State of New Mexico ex rel. State Engineer, Pueblo de San...

ADA Discrimination Claims Require 'By Reason Of' Proof: Tenth Circuit Affirms Summary Judgment

Date: Feb 20, 2016

ADA Discrimination Claims Require 'By Reason Of' Proof: Tenth Circuit Affirms Summary Judgment Introduction In the case of J.V. and M. Q., on behalf of their minor child C. v. Albuquerque Public...

Affirmation of Dismissal Under 28 U.S.C. §1915(e)(2)(B)(ii): Upholding Strict Pleading Standards in Section 1983 Claims

Date: Feb 20, 2016

Affirmation of Dismissal Under 28 U.S.C. §1915(e)(2)(B)(ii): Upholding Strict Pleading Standards in Section 1983 Claims Introduction In the case of Richard C. Olson v. James Carmack et al., the...

Strict Timeliness for Rule 60(b) Relief in ERISA Preemption Cases

Date: Feb 20, 2016

Strict Timeliness for Rule 60(b) Relief in ERISA Preemption Cases Introduction In the case of Trent LEBAHN, Plaintiff–Appellant, v. Eloise OWENS, adjudicated by the United States Court of Appeals for...

Expressive Marketing Statements Classified as Puffery Not Actionable under the Lanham Act: Tenth Circuit Affirms

Date: Feb 10, 2016

Expressive Marketing Statements Classified as Puffery Not Actionable under the Lanham Act: Tenth Circuit Affirms Introduction The case of The Intermountain Stroke Center, Inc. and Nancy Futrell v....

Substantial Justification Under EAJA Affirmed in Supplemental Security Income Appeals

Date: Jan 30, 2016

Substantial Justification Under EAJA Affirmed in Supplemental Security Income Appeals Introduction The case of Teva M. Evans v. Carolyn W. Colvin adjudicated by the United States Court of Appeals for...

Non-Dischargeability of Default Judgments Under Securities Law Violations: Tripodi v. Welch

Date: Jan 14, 2016

Non-Dischargeability of Default Judgments Under Securities Law Violations: Tripodi v. Welch Introduction In Robert C. Tripodi, Jr. v. Nathan Welch et al., decided by the United States Court of...

Expansion of §1983 Malicious Prosecution under the Fourth Amendment: Insights from Sanchez v. Hartley

Date: Jan 12, 2016

Expansion of §1983 Malicious Prosecution under the Fourth Amendment: Insights from Sanchez v. Hartley 1. Introduction In Sanchez v. Hartley, the United States Court of Appeals for the Tenth Circuit...

Protectability of Standard Elements in Architectural Copyright: Tenth Circuit Affirms Summary Judgment

Date: Jan 5, 2016

Protectability of Standard Elements in Architectural Copyright: Tenth Circuit Affirms Summary Judgment Introduction The case of Savant Homes, Inc. v. Douglas W. Collins et al. addresses critical...

Affirming Qualified Immunity and Denying §1983 Claims under Ute Treaty in Police Pursuit Fatality

Date: Dec 30, 2015

Affirming Qualified Immunity and Denying §1983 Claims under Ute Treaty in Police Pursuit Fatality Introduction The case of Debra Jones and Arden C. Post v. Various Defendants revolves around the...

Defect-at-Sale Doctrine Affirmed in Birch v. Polaris Industries

Date: Dec 24, 2015

Defect-at-Sale Doctrine Affirmed in Birch v. Polaris Industries Introduction In Justin Harrison Birch, Individually and as Personal Representative v. Polaris Industries, Inc., 812 F.3d 1238 (10th...

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