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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Religious Freedom Restoration Act Affirms Rights of For-Profit Corporations: Analysis of Hobby Lobby v. Sebelius

Religious Freedom Restoration Act Affirms Rights of For-Profit Corporations: Analysis of Hobby Lobby v. Sebelius

Date: Jun 28, 2013
Religious Freedom Restoration Act Affirms Rights of For-Profit Corporations: Analysis of Hobby Lobby v. Sebelius Introduction The case of Hobby Lobby Stores, Inc.; Mardel, Inc.; David Green; Barbara...
Affirmation of FEC's Disclosure Requirements Under Exacting Scrutiny

Affirmation of FEC's Disclosure Requirements Under Exacting Scrutiny

Date: Jun 26, 2013
Affirmation of FEC's Disclosure Requirements Under Exacting Scrutiny Introduction The case of Free Speech v. Federal Election Commission (FEC) adjudicated by the United States Court of Appeals for...
Defining State Action: Tenth Circuit Rules Private Hospital and Staff Not State Actors for §1983 Claims

Defining State Action: Tenth Circuit Rules Private Hospital and Staff Not State Actors for §1983 Claims

Date: Jun 25, 2013
Defining State Action: Tenth Circuit Rules Private Hospital and Staff Not State Actors for §1983 Claims Introduction The case of George Wittner et al. v. Banner Health et al. examines the boundaries...
Affirmation of Conspirator Liability: Tenth Circuit Upholds Richard Clark's Conviction in Securities Fraud Scheme

Affirmation of Conspirator Liability: Tenth Circuit Upholds Richard Clark's Conviction in Securities Fraud Scheme

Date: Jun 19, 2013
Affirmation of Conspirator Liability: Tenth Circuit Upholds Richard Clark's Conviction in Securities Fraud Scheme Introduction In the case of United States of America v. Richard Clark, the United...
Affirmation of Inventory Search Validity under the Inevitable Discovery Doctrine in United States v. Sitlington

Affirmation of Inventory Search Validity under the Inevitable Discovery Doctrine in United States v. Sitlington

Date: Jun 14, 2013
Affirmation of Inventory Search Validity under the Inevitable Discovery Doctrine in United States v. Sitlington Introduction In the landmark case of United States of America v. Cody Allen Sitlington,...
Medical Improvement Standard in Social Security Disability Cessation: New Precedent in Newbold v. Colvin

Medical Improvement Standard in Social Security Disability Cessation: New Precedent in Newbold v. Colvin

Date: Jun 14, 2013
Medical Improvement Standard in Social Security Disability Cessation: New Precedent in Newbold v. Colvin Introduction In Tyla M. Newbold v. Carolyn W. Colvin, 718 F.3d 1257 (10th Cir. 2013), the...
Affirming Reasonableness of Law Enforcement Delays and Proper Application of the Assimilative Crimes Act in United States v. Christie

Affirming Reasonableness of Law Enforcement Delays and Proper Application of the Assimilative Crimes Act in United States v. Christie

Date: Jun 12, 2013
Affirming Reasonableness of Law Enforcement Delays and Proper Application of the Assimilative Crimes Act in United States v. Christie Introduction In the case of United States of America v. Rebecca...
Reaffirming Rigorous Standards for Supervisory and Municipal Liability under 42 U.S.C. § 1983: Schneider v. City of Grand Junction Police Department

Reaffirming Rigorous Standards for Supervisory and Municipal Liability under 42 U.S.C. § 1983: Schneider v. City of Grand Junction Police Department

Date: Jun 6, 2013
Reaffirming Rigorous Standards for Supervisory and Municipal Liability under 42 U.S.C. § 1983: Schneider v. City of Grand Junction Police Department Introduction In the case of Misti Lee Schneider v....
Qualified Immunity in Viewpoint Discrimination: Analysis of Jeanne Pahls et al. v. Banuelos et al.

Qualified Immunity in Viewpoint Discrimination: Analysis of Jeanne Pahls et al. v. Banuelos et al.

Date: Jun 5, 2013
Qualified Immunity in Viewpoint Discrimination: Analysis of Jeanne Pahls et al. v. Banuelos et al. Introduction The case of Jeanne Pahls; Rebecca Wilson; Alma Rosa Silva Banuelos; Carter Bundy; Jason...
VesCor Capital Receivership: Establishing Liability for Fraudulent Transfers in Ponzi Schemes

VesCor Capital Receivership: Establishing Liability for Fraudulent Transfers in Ponzi Schemes

Date: May 22, 2013
VesCor Capital Receivership: Establishing Liability for Fraudulent Transfers in Ponzi Schemes Introduction The case of Robert G. Wing, Receiver for VesCor Capital Corporation, Plaintiff-Appellee, v....
Affirmation of Summary Judgment in ADA Employment Termination: Ke v. Koesel

Affirmation of Summary Judgment in ADA Employment Termination: Ke v. Koesel

Date: May 15, 2013
Affirmation of Summary Judgment in ADA Employment Termination: Ke v. Koesel Introduction In the case of Kevin L. Koesel v. Sublette County Sheriff's Department, decided by the United States Court of...
Enhanced Jurisdictional Scrutiny in Successive §2255 Motions: Insights from United States v. James E. Baker

Enhanced Jurisdictional Scrutiny in Successive §2255 Motions: Insights from United States v. James E. Baker

Date: May 7, 2013
Enhanced Jurisdictional Scrutiny in Successive §2255 Motions: Insights from United States v. James E. Baker Introduction In United States of America v. James E. Baker, 718 F.3d 1204 (10th Cir. 2013),...
Establishing Supervisory Liability in §1983 Claims: Analysis of Wilson v. Montano

Establishing Supervisory Liability in §1983 Claims: Analysis of Wilson v. Montano

Date: May 4, 2013
Establishing Supervisory Liability in §1983 Claims: Analysis of Wilson v. Montano Introduction In the landmark case of Wilson v. Montano, the United States Court of Appeals for the Tenth Circuit...
Application of PLRA's 'Three Strikes' Provision in Childs v. Defendants: Implications for Prison Litigation

Application of PLRA's 'Three Strikes' Provision in Childs v. Defendants: Implications for Prison Litigation

Date: Apr 24, 2013
Application of PLRA's 'Three Strikes' Provision in Childs v. Defendants: Implications for Prison Litigation Introduction The case of Terry Lee Childs v. Defendants, adjudicated by the United States...
IDEA Exhaustion and Constitutional Standards in School Discipline: Muskrat v. Deer Creek Public Schools

IDEA Exhaustion and Constitutional Standards in School Discipline: Muskrat v. Deer Creek Public Schools

Date: Apr 24, 2013
IDEA Exhaustion and Constitutional Standards in School Discipline: Muskrat v. Deer Creek Public Schools Introduction Muskrat v. Deer Creek Public Schools is a pivotal case adjudicated by the United...
Tenth Circuit Upholds Stringent 'Clear and Convincing Evidence' Standard for Successive Habeas Corpus Claims under AEDPA in Carl CASE v. HATCH

Tenth Circuit Upholds Stringent 'Clear and Convincing Evidence' Standard for Successive Habeas Corpus Claims under AEDPA in Carl CASE v. HATCH

Date: Apr 13, 2013
Tenth Circuit Upholds Stringent 'Clear and Convincing Evidence' Standard for Successive Habeas Corpus Claims under AEDPA in Carl CASE v. HATCH Introduction The case of Carl Case v. Tim Hatch...
Assessing Residual Functional Capacity: Insights from Beasley v. Colvin

Assessing Residual Functional Capacity: Insights from Beasley v. Colvin

Date: Apr 11, 2013
Assessing Residual Functional Capacity: Insights from Beasley v. Colvin Introduction Beasley v. Colvin, 520 F. App'x 748 (10th Cir. 2013), is a pivotal case adjudicated by the United States Court of...
Tenth Circuit Upholds Denial of Attorney’s Fees in §1782 Judicial Assistance Applications

Tenth Circuit Upholds Denial of Attorney’s Fees in §1782 Judicial Assistance Applications

Date: Apr 10, 2013
Tenth Circuit Upholds Denial of Attorney’s Fees in §1782 Judicial Assistance Applications Introduction The case of In re Application of Michael Wilson & Partners, Limited revolves around the...
Affirmation of Statutory Jurisdiction Limitation in Habeas Corpus Petitions under 28 U.S.C. § 2241

Affirmation of Statutory Jurisdiction Limitation in Habeas Corpus Petitions under 28 U.S.C. § 2241

Date: Apr 9, 2013
Affirmation of Statutory Jurisdiction Limitation in Habeas Corpus Petitions under 28 U.S.C. § 2241 Introduction In the case of Gary Abernathy v. Warden Julie Wandes (713 F.3d 538), the United States...
Tenth Circuit Upholds School Preapproval Policies under Tinker Standard

Tenth Circuit Upholds School Preapproval Policies under Tinker Standard

Date: Apr 9, 2013
Tenth Circuit Upholds School Preapproval Policies under Tinker Standard: Taylor et al. v. Roswell Independent School District Introduction In the case of Seth Taylor; Jacob Cobos; Lacy Corman;...
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