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  • Commentaries
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10th Circuit Case Commentaries

Affirmation of ATF's Classification of Bump Stocks as Machine Guns Under the NFA: Comprehensive Commentary

Affirmation of ATF's Classification of Bump Stocks as Machine Guns Under the NFA: Comprehensive Commentary

Date: May 8, 2020
Affirmation of ATF's Classification of Bump Stocks as Machine Guns Under the NFA: Comprehensive Commentary Introduction The case of W. Clark Aposhian v. William Barr, Attorney General of the United...
Federal Rules Supersede State Law on Costs Awards in Diversity Jurisdiction Cases

Federal Rules Supersede State Law on Costs Awards in Diversity Jurisdiction Cases

Date: May 5, 2020
Federal Rules Supersede State Law on Costs Awards in Diversity Jurisdiction Cases Introduction In Steven A. Stender; Infinity Clark Street Operating, LLC, on behalf of themselves and all others...
Tenth Circuit Limits Community Caretaking Exception in Fourth Amendment Searches

Tenth Circuit Limits Community Caretaking Exception in Fourth Amendment Searches

Date: May 2, 2020
Tenth Circuit Limits Community Caretaking Exception in Fourth Amendment Searches Introduction In the case of United States of America v. Jack Dewayne Neugin (958 F.3d 924), the United States Court of...
Kansas' DPOC Voter Registration Requirement Declared Unconstitutional and Preempted by NVRA

Kansas' DPOC Voter Registration Requirement Declared Unconstitutional and Preempted by NVRA

Date: Apr 30, 2020
Kansas' DPOC Voter Registration Requirement Declared Unconstitutional and Preempted by NVRA Introduction In the case of Fish et al. v. Schwab et al., multiple plaintiffs challenged a Kansas state law...
Affirmation of Attorneys' Fees Awards in Multi-Claim Federal-State Litigation

Affirmation of Attorneys' Fees Awards in Multi-Claim Federal-State Litigation

Date: Apr 23, 2020
Affirmation of Attorneys' Fees Awards in Multi-Claim Federal-State Litigation Introduction In the case of Snyder et al. v. Acord Corporation et al., the United States Court of Appeals for the Tenth...
Application and Implications of the Oklahoma Citizens Participation Act in Federal Court: Barnett v. Hall et al.

Application and Implications of the Oklahoma Citizens Participation Act in Federal Court: Barnett v. Hall et al.

Date: Apr 21, 2020
Application and Implications of the Oklahoma Citizens Participation Act in Federal Court: Barnett v. Hall et al. Introduction The case of Christopher Barnett v. Hall, Estill, Hardwick, Gable, Golden...
Tenth Circuit Upholds ACCA Violent Felony Classification for New Mexico Robbery Conviction Post-Garcia and Stokeling

Tenth Circuit Upholds ACCA Violent Felony Classification for New Mexico Robbery Conviction Post-Garcia and Stokeling

Date: Apr 18, 2020
Tenth Circuit Upholds ACCA Violent Felony Classification for New Mexico Robbery Conviction Post-Garcia and Stokeling Introduction In the case of United States of America v. Archie Manzanares, 956...
Jurisdictional Bar on Compassionate Release: United States v. Read-Forbes

Jurisdictional Bar on Compassionate Release: United States v. Read-Forbes

Date: Apr 17, 2020
Jurisdictional Bar on Compassionate Release: United States v. Read-Forbes Introduction United States v. Mendy Read-Forbes, 454 F. Supp. 3d 1113 (D. Kan. 2020), addresses the critical issue of...
10th Circuit Affirms Face-of-the-Award Limitation for Modifying Arbitration Awards under 9 U.S.C. § 11(a)

10th Circuit Affirms Face-of-the-Award Limitation for Modifying Arbitration Awards under 9 U.S.C. § 11(a)

Date: Apr 15, 2020
10th Circuit Affirms Face-of-the-Award Limitation for Modifying Arbitration Awards under 9 U.S.C. § 11(a) Introduction In the case of Mid Atlantic Capital Corporation v. Beverly Bien; David H....
Personal Jurisdiction in Digital Marketing: Insights from XMission v. Fluent

Personal Jurisdiction in Digital Marketing: Insights from XMission v. Fluent

Date: Apr 10, 2020
Personal Jurisdiction in Digital Marketing: Insights from XMission v. Fluent Introduction The case of XMission, L.C. v. Fluent LLC (955 F.3d 833) adjudicated by the United States Court of Appeals for...
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...
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