10th Circuit Case Commentaries

Strict Appellate Notice Requirements in Motion Denials: Husky Ventures v. B55 Investments Establishes Firm Jurisdictional Standards

Date: Dec 19, 2018

Strict Appellate Notice Requirements in Motion Denials: Husky Ventures v. B55 Investments Establishes Firm Jurisdictional Standards Introduction The case of Husky Ventures, Inc. v. B55 Investments,...

Reining in Concurrent Federal Litigation: Tenth Circuit's Ruling on the First-to-File Rule and Arbitrability

Date: Dec 11, 2018

Reining in Concurrent Federal Litigation: Tenth Circuit's Ruling on the First-to-File Rule and Arbitrability Introduction In the appellate case Wakaya Perfection, LLC v. Youngevity International,...

Affirmation of Habeas Denial in Tremeane Wood v. Mike Carpenter: Upholding AEDPA Standards and Strickland Framework

Date: Nov 2, 2018

Affirmation of Habeas Denial in Tremeane Wood v. Mike Carpenter: Upholding AEDPA Standards and Strickland Framework Introduction The case of Tremeane Wood vs. Mike Carpenter, Interim Warden of the...

CNSP Inc. v. City of Santa Fe: Upholding the Colorado River Doctrine in Federal Court Stay

Date: Oct 18, 2018

CNSP Inc. v. City of Santa Fe: Upholding the Colorado River Doctrine in Federal Court Stay Introduction The case of CNSP, Inc., d/b/a NMSURF, Plaintiff - Appellant, and Albert Catanach, Plaintiff, v....

Implied Waiver of Right to Counsel: Precedent Established in Delmart E.J.M. Vreeland II

Date: Oct 10, 2018

Implied Waiver of Right to Counsel: Precedent Established in Delmart E.J.M. Vreeland II Introduction The case of Delmart E.J.M. Vreeland II v. David Zupan; The Attorney General of the State of...

Payan v. UPS: Affirming Summary Judgment on Discrimination and Retaliation Claims

Date: Oct 5, 2018

Payan v. UPS: Affirming Summary Judgment on Discrimination and Retaliation Claims Introduction In the case of Charles Payan v. United Parcel Service (UPS); Charles Martinez, the United States Court...

Exhaustion of Administrative Remedies Under Title VII: Insights from Diane Smith v. Pointe Frontier

Date: Sep 26, 2018

Exhaustion of Administrative Remedies Under Title VII: Insights from Diane Smith v. Pointe Frontier Introduction In the case of Diane Smith v. Cheyenne Retirement Investors L.P., d/b/a Pointe...

Enforcing AEDPA Standards on Juror Misconduct Claims: Smith v. Aldridge

Date: Sep 18, 2018

Enforcing AEDPA Standards on Juror Misconduct Claims: Smith v. Aldridge Introduction Raye Dawn Smith v. Debbie Aldridge, Warden (904 F.3d 874) is a significant case decided by the United States Court...

Affirmation of Qualified Immunity in Prolonged Solitary Confinement: An Analysis of Grissom v. Roberts

Date: Aug 30, 2018

Affirmation of Qualified Immunity in Prolonged Solitary Confinement: An Analysis of Grissom v. Roberts 1. Introduction In the landmark case Richard Grissom, Plaintiff-Appellant v. Raymond Roberts,...

Tenth Circuit Refines Qualified Immunity Standards in Fourth and Fourteenth Amendment Child Seizure Cases

Date: Aug 28, 2018

Tenth Circuit Refines Qualified Immunity Standards in Fourth and Fourteenth Amendment Child Seizure Cases Introduction In the case of FRANK HALLEY, as next friend of J.H., a minor child, Plaintiff -...

Tenth Circuit Overrules Precedent: EEOC Charge No Longer a Jurisdictional Prerequisite Under ADA

Date: Aug 18, 2018

Tenth Circuit Overrules Precedent: EEOC Charge No Longer a Jurisdictional Prerequisite Under ADA Introduction In the landmark case of Lincoln & Mosbrucker v. BNSF Railway Company (No. 17-3120),...

United States v. Austin Ray: Affirming Convictions and Clarifying Legal Standards

Date: Aug 7, 2018

United States v. Austin Ray: Affirming Convictions and Clarifying Legal Standards Introduction In the case of United States of America v. Austin Ray, the United States Court of Appeals for the Tenth...

Due Process Requires Direct Notice of Adverse Blight Determinations under Colorado’s Urban Renewal Statute

Date: Aug 1, 2018

Due Process Requires Direct Notice of Adverse Blight Determinations under Colorado’s Urban Renewal Statute Introduction The case of M.A.K. Investment Group, LLC v. City of Glendale addresses critical...

Tenth Circuit Clarifies Qualified Immunity Standards in §1983 Claims Against Correctional Officers

Date: Aug 1, 2018

Tenth Circuit Clarifies Qualified Immunity Standards in §1983 Claims Against Correctional Officers Introduction In the landmark case of Hazhar A. Sayed v. Lt. Page Virginia et al., the United States...

Underwood v. Royal: Affirmation of Capital Sentencing Standards under AEDPA

Date: Jul 3, 2018

Underwood v. Royal: Affirmation of Capital Sentencing Standards under AEDPA 1. Introduction In Kevin Ray Underwood v. Terry Royal, Warden, Oklahoma State Penitentiary, 894 F.3d 1154 (10th Cir. 2018),...

Establishing Precedent in Eighth Amendment Protections: Reversing Dismissal in Requena v. Roberts

Date: Jun 23, 2018

Establishing Precedent in Eighth Amendment Protections: Reversing Dismissal in Requena v. Roberts Introduction Requena v. Roberts, 893 F.3d 1195 (10th Cir. 2018), addresses significant issues...

Requena v. Roberts: Enhanced Scrutiny of Pro Se Litigation in Prisoners' § 1983 Claims

Date: Jun 23, 2018

Requena v. Roberts: Enhanced Scrutiny of Pro Se Litigation in Prisoners' § 1983 Claims Introduction Adrian M. Requena, an inmate incarcerated by the Kansas Department of Corrections (KDOC), filed a...

Establishing Qualified Immunity Standards in Supervisory Liability: Perry v. Durborow

Date: Jun 13, 2018

Establishing Qualified Immunity Standards in Supervisory Liability: Perry v. Durborow Introduction In the landmark case of Taunya Perry v. Terry Durborow, 892 F.3d 1116 (10th Cir. 2018), the United...

§924(j) Recognized as a Discrete Crime: Analysis of Melgar-Cabrera v. United States

Date: Jun 9, 2018

§924(j) Recognized as a Discrete Crime: Analysis of Melgar-Cabrera v. United States Introduction The case United States of America v. Francisco Melgar-Cabrera, 892 F.3d 1053 (10th Cir. 2018),...

Waiver of Arbitration Rights: Tenth Circuit Upholds District Court’s Denial to Compel Arbitration

Date: May 17, 2018

Waiver of Arbitration Rights: Tenth Circuit Upholds District Court’s Denial to Compel Arbitration Introduction The case of D. Ray Strong, as Liquidating Trustee... v. William H. Davidson et al.,...

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