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  • Commentaries
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10th Circuit Case Commentaries

Establishing Pretext in Pregnancy Discrimination Claims: Fassbender v. Correct Care Solutions

Establishing Pretext in Pregnancy Discrimination Claims: Fassbender v. Correct Care Solutions

Date: May 16, 2018
Establishing Pretext in Pregnancy Discrimination Claims: Fassbender v. Correct Care Solutions Introduction In Alena Fassbender v. Correct Care Solutions, LLC, 890 F.3d 875 (10th Cir. 2018), the...
No Duty to Disclose Preliminary Merger Discussions Absent Materiality Under Rule 10b-5: A Tenth Circuit Perspective

No Duty to Disclose Preliminary Merger Discussions Absent Materiality Under Rule 10b-5: A Tenth Circuit Perspective

Date: May 12, 2018
No Duty to Disclose Preliminary Merger Discussions Absent Materiality Under Rule 10b-5: A Tenth Circuit Perspective Introduction In the landmark case Employees' Retirement System of the State of...
10th Circuit Rules 18 U.S.C. §924(c)(3)(B) Unconstitutionally Vague in Salas Case

10th Circuit Rules 18 U.S.C. §924(c)(3)(B) Unconstitutionally Vague in Salas Case

Date: May 5, 2018
10th Circuit Rules 18 U.S.C. §924(c)(3)(B) Unconstitutionally Vague in Salas Case Introduction In the case of United States of America v. Clifford Raymond Salas, 889 F.3d 681 (10th Cir. 2018),...
Clarifying Limits on Police Use of Force After Subduing Suspect – McCoy v. Meyers

Clarifying Limits on Police Use of Force After Subduing Suspect – McCoy v. Meyers

Date: Apr 11, 2018
Clarifying Limits on Police Use of Force After Subduing Suspect – McCoy v. Meyers Introduction In McCoy v. Meyers, the United States Court of Appeals for the Tenth Circuit addressed critical issues...
Affirmation of Economic Loss Doctrine and Restrictions on Covenants Running with Land in Oil and Gas Agreements: Spring Creek v. Hess Bakken, 887 F.3d 1003

Affirmation of Economic Loss Doctrine and Restrictions on Covenants Running with Land in Oil and Gas Agreements: Spring Creek v. Hess Bakken, 887 F.3d 1003

Date: Apr 11, 2018
Affirmation of Economic Loss Doctrine and Restrictions on Covenants Running with Land in Oil and Gas Agreements Introduction In the case of Spring Creek Exploration & Production Company, LLC; Gold...
Affirmation of Sanctions for Non-Disclosure and Biased Appraisal in Insurance Disputes

Affirmation of Sanctions for Non-Disclosure and Biased Appraisal in Insurance Disputes

Date: Mar 31, 2018
Affirmation of Sanctions for Non-Disclosure and Biased Appraisal in Insurance Disputes Introduction The case of AUTO-OWNERS INSURANCE COMPANY v. SUMMIT PARK TOWNHOME ASSOCIATION revolves around a...
Grant v. Royal: Upholding AEDPA's Exhaustion and Deference in Habeas Review

Grant v. Royal: Upholding AEDPA's Exhaustion and Deference in Habeas Review

Date: Mar 31, 2018
Grant v. Royal: Upholding AEDPA's Exhaustion and Deference in Habeas Review Introduction In the case of Donald Anthony Grant v. Terry Royal, Warden, Oklahoma State Penitentiary, the United States...
Gonzalez–Alarcon v. Immigration and Customs Enforcement: Jurisdictional Boundaries and Citizenship Claims

Gonzalez–Alarcon v. Immigration and Customs Enforcement: Jurisdictional Boundaries and Citizenship Claims

Date: Mar 20, 2018
Gonzalez–Alarcon v. Immigration and Customs Enforcement: Jurisdictional Boundaries and Citizenship Claims Introduction Gonzalez–Alarcon v. Immigration and Customs Enforcement (884 F.3d 1266, 10th...
Enhancing Standards for Certificates of Appealability: Insights from United States v. Park

Enhancing Standards for Certificates of Appealability: Insights from United States v. Park

Date: Mar 16, 2018
Enhancing Standards for Certificates of Appealability: Insights from United States v. Park Introduction The case of United States of America v. Peter Park, adjudicated by the United States Court of...
Affirmation of Digital Evidence Seizure in Parolee Context: United States v. Pacheco

Affirmation of Digital Evidence Seizure in Parolee Context: United States v. Pacheco

Date: Mar 8, 2018
Affirmation of Digital Evidence Seizure in Parolee Context: United States v. Pacheco Introduction The case of United States of America v. Joseph P. Pacheco (884 F.3d 1031, 2018) presents significant...
Affirmation of Summary Judgment Standards in Title VII Discrimination Claims: Sidlo v. MillerCoors

Affirmation of Summary Judgment Standards in Title VII Discrimination Claims: Sidlo v. MillerCoors

Date: Mar 8, 2018
Affirmation of Summary Judgment Standards in Title VII Discrimination Claims: Sidlo v. MillerCoors Introduction Jan Sidlo v. MillerCoors, LLC (718 F. App'x 718), adjudicated by the United States...
Strengthening the Deliberate Indifference Standard in Inmate §1983 Claims: A Comprehensive Analysis of Gray v. GEO Group, Inc.

Strengthening the Deliberate Indifference Standard in Inmate §1983 Claims: A Comprehensive Analysis of Gray v. GEO Group, Inc.

Date: Mar 7, 2018
Strengthening the Deliberate Indifference Standard in Inmate §1983 Claims: A Comprehensive Analysis of Gray v. GEO Group, Inc. Introduction Gray v. GEO Group, Inc. is a significant case adjudicated...
Tenth Circuit Reverses Dismissal of FLSA Claims by Affirming Adequate Pleading of Willfulness

Tenth Circuit Reverses Dismissal of FLSA Claims by Affirming Adequate Pleading of Willfulness

Date: Mar 3, 2018
Tenth Circuit Reverses Dismissal of FLSA Claims by Affirming Adequate Pleading of Willfulness Introduction In the case of Maria Fernandez, Laura Chacon, and Rubi Jazmin Ortega Aguilar v. Clean House,...
Enforcing the Two-Year Limitation Period in §1983 Eighth Amendment Claims: Tenth Circuit Affirms in Vasquez v. Davis

Enforcing the Two-Year Limitation Period in §1983 Eighth Amendment Claims: Tenth Circuit Affirms in Vasquez v. Davis

Date: Feb 24, 2018
Enforcing the Two-Year Limitation Period in §1983 Eighth Amendment Claims: Tenth Circuit Affirms in Vasquez v. Davis Introduction The case of Jimmy Joseph Vasquez v. Jeanne Davis et al. (882 F.3d...
Affirmation of Qualified Immunity in Eighth Amendment Claims: Redmond v. Crowther

Affirmation of Qualified Immunity in Eighth Amendment Claims: Redmond v. Crowther

Date: Feb 10, 2018
Affirmation of Qualified Immunity in Eighth Amendment Claims: Redmond v. Crowther Introduction The case of Timothy Redmond et al. v. Scott Crowther, adjudicated by the United States Court of Appeals...
Clarifying Qualified Immunity and Placement Exemption in Foster Care Litigation: Gutteridge v. State of Oklahoma

Clarifying Qualified Immunity and Placement Exemption in Foster Care Litigation: Gutteridge v. State of Oklahoma

Date: Jan 4, 2018
Clarifying Qualified Immunity and Placement Exemption in Foster Care Litigation: Gutteridge v. State of Oklahoma Introduction In the landmark case Donald Joe GUTTERIDGE, Jr., as limited guardian of...
Clarifying Fourth Amendment Seizure Standards in Fleeing Vehicle Incidents: Farrell v. Montoya

Clarifying Fourth Amendment Seizure Standards in Fleeing Vehicle Incidents: Farrell v. Montoya

Date: Dec 28, 2017
Clarifying Fourth Amendment Seizure Standards in Fleeing Vehicle Incidents: Farrell v. Montoya Introduction In the landmark case of Kana Farrell; Oriana Lee Farrell, as an individual and O.B.O her...
Limits of Specific Personal Jurisdiction in Internet-Based Contacts: Old Republic v. Continental Motors

Limits of Specific Personal Jurisdiction in Internet-Based Contacts: Old Republic v. Continental Motors

Date: Dec 16, 2017
Limits of Specific Personal Jurisdiction in Internet-Based Contacts: Old Republic Ins. Co. v. Continental Motors, Inc. Introduction The case of Old Republic Insurance Company v. Continental Motors,...
Establishing Pretext in Disparate Treatment Employment Claims: Sotunde v. Safeway, 10th Cir. 2017

Establishing Pretext in Disparate Treatment Employment Claims: Sotunde v. Safeway, 10th Cir. 2017

Date: Nov 25, 2017
Establishing Pretext in Disparate Treatment Employment Claims: Sotunde v. Safeway, 10th Cir. 2017 Introduction In the landmark case of Abiodun Sotunde, Plaintiff - Appellant, v. Safeway, Inc.,...
Federal IFP Eligibility for Removed State Court Prisoners Under §1915(g)

Federal IFP Eligibility for Removed State Court Prisoners Under §1915(g)

Date: Nov 21, 2017
Federal IFP Eligibility for Removed State Court Prisoners Under §1915(g) Introduction In the landmark case of Marcus D. Woodson v. Tracy McCollum et al., the United States Court of Appeals for the...
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