10th Circuit Case Commentaries

Tenth Circuit Establishes Mandatory Standardized Criteria for Community-Caretaking Vehicle Impoundments

Date: Aug 8, 2015

Tenth Circuit Establishes Mandatory Standardized Criteria for Community-Caretaking Vehicle Impoundments Introduction In United States of America v. Sanders, 796 F.3d 1241 (10th Cir. 2015), the United...

Affirmation of Summary Judgments in NMSU Discrimination and Retaliation Cases

Date: Aug 7, 2015

Affirmation of Summary Judgments in NMSU Discrimination and Retaliation Cases Introduction In the appellate case Yelena Bird; Freedom Cheteni; John Moraros; Satya Rao, Plaintiffs - Appellants, and...

Affirmation of Lanham Act Protections: Burden-Shifting in False Advertising and Disgorgement of Profits

Date: Aug 1, 2015

Affirmation of Lanham Act Protections: Burden-Shifting in False Advertising and Disgorgement of Profits Introduction The case of General Steel Domestic Sales, LLC, d/b/a General Steel Corporation v....

Clarifying Rule 11 Sanctions and Jurisdictional Boundaries in Patent Litigation: Insights from Predator International, Inc. v. Gamo Outdoor USA, Inc.

Date: Jul 15, 2015

Clarifying Rule 11 Sanctions and Jurisdictional Boundaries in Patent Litigation: Insights from Predator International, Inc. v. Gamo Outdoor USA, Inc. Introduction In the landmark case Predator...

Affirmation of Summary Judgment in Bennett v. Windstream Communications: Implications for Employment Discrimination Claims

Date: Jul 10, 2015

Affirmation of Summary Judgment in Bennett v. Windstream Communications: Implications for Employment Discrimination Claims Introduction In the case of Susan G. Bennett v. Windstream Communications,...

10th Circuit Upholds USPS Firearms Ban on Postal Property: Implications for Second Amendment Rights

Date: Jun 27, 2015

10th Circuit Upholds USPS Firearms Ban on Postal Property: Implications for Second Amendment Rights Introduction The case of Tab Bonidy v. United States Postal Service addresses the intersection of...

Clarifying Restitution Calculations under MVRA: United States v. Alisuretove

Date: Jun 9, 2015

Clarifying Restitution Calculations under MVRA: United States v. Alisuretove Introduction United States v. Elvin Alisuretove is a pivotal case adjudicated by the United States Court of Appeals for...

Affirmation of Factual Findings and Judicial Impartiality in Negligence Litigation: Mathis v. Huff & Puff Trucking

Date: Jun 3, 2015

Affirmation of Factual Findings and Judicial Impartiality in Negligence Litigation: Mathis v. Huff & Puff Trucking Introduction The case of Melvin L. Mathis v. Huff & Puff Trucking, Inc. involved a...

Browder v. City of Albuquerque: Affirming Police Liability for Substantive Due Process Violations under §1983

Date: Jun 3, 2015

Browder v. City of Albuquerque: Affirming Police Liability for Substantive Due Process Violations under §1983 Introduction In the landmark case of Browder v. City of Albuquerque, the United States...

Affirmation of Receiver's Authority Under UFTA in Ponzi Scheme Recovery

Date: May 28, 2015

Affirmation of Receiver's Authority Under UFTA in Ponzi Scheme Recovery Introduction In the appellate case R. Wayne KLEIN, the Court–Appointed Receiver of U.S. Ventures LC, Winsome Investment Trust,...

Prejudicial Spillover in Conspiracy Charges: Analysis of United States v. Dejuan Leshae Hill

Date: May 23, 2015

Prejudicial Spillover in Conspiracy Charges: Analysis of United States v. Dejuan Leshae Hill Introduction United States v. Dejuan Leshae Hill, 786 F.3d 1254 (10th Cir. 2015), addresses significant...

Application of Garcetti/Pickering Framework in First Amendment Retaliation Claims: Nixon v. City and County of Denver

Date: May 1, 2015

Application of Garcetti/Pickering Framework in First Amendment Retaliation Claims: Nixon v. City and County of Denver Introduction In the case of Ricky Nixon, Plaintiff–Appellant, v. City and County...

Affirmation of Procedural Deference in Ineffective Assistance of Counsel Claims: Fairchild v. Trammell

Date: Apr 24, 2015

Affirmation of Procedural Deference in Ineffective Assistance of Counsel Claims: Fairchild v. Trammell Introduction The case of Richard Fairchild v. Anita Trammell, adjudicated by the United States...

FIRREA Preempts Shareholder Derivative Claims in Bank Failure Cases: Barnes v. Harris

Date: Apr 22, 2015

FIRREA Preempts Shareholder Derivative Claims in Bank Failure Cases: Barnes v. Harris 1. Introduction In the landmark case of J. Canute Barnes; W. King Barnes; Robert V. Jones, derivatively on behalf...

Affirmation of Heck Doctrine in Excessive Force Claims: Havens v. Johnson

Date: Apr 16, 2015

Affirmation of Heck Doctrine in Excessive Force Claims: Havens v. Johnson Introduction The case of Darrell L. Havens v. William Johnson, adjudicated by the United States Court of Appeals for the...

Williams v. Trammell: Upholding Intent Requirements in Aiding and Abetting Malice Murder

Date: Apr 11, 2015

Williams v. Trammell: Upholding Intent Requirements in Aiding and Abetting Malice Murder Introduction In the case of Jeremy Alan Williams v. Anita Trammell, Warden, Oklahoma State Penitentiary,...

Citizenship Determination of LLCs for Diversity Jurisdiction: Insights from Siloam Springs Hotel, L.L.C. v. Century Surety Company

Date: Apr 1, 2015

Citizenship Determination of LLCs for Diversity Jurisdiction: Insights from Siloam Springs Hotel, L.L.C. v. Century Surety Company Introduction The case of Siloam Springs Hotel, L.L.C.,...

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