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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Enhancing the Treatment of Medical Opinions in Social Security Disability Evaluations: Insights from Winnick v. Colvin

Enhancing the Treatment of Medical Opinions in Social Security Disability Evaluations: Insights from Winnick v. Colvin

Date: Jan 5, 2017
Enhancing the Treatment of Medical Opinions in Social Security Disability Evaluations: Insights from Winnick v. Colvin Introduction Winnick v. Colvin is a pivotal case adjudicated by the United...
Voluntary Payment of Non-binding Appraisal Award Constitutes Settlement under Oklahoma Insurance Appraisal Law

Voluntary Payment of Non-binding Appraisal Award Constitutes Settlement under Oklahoma Insurance Appraisal Law

Date: Jan 5, 2017
Voluntary Payment of Non-binding Appraisal Award Constitutes Settlement under Oklahoma Insurance Appraisal Law Introduction The case of In re: Appointment of Umpire for HAYES FAMILY TRUST versus...
Affirmation of Qualified Immunity in Use of Force and Warrantless Entry: Gutierrez v. Luna County Sheriff

Affirmation of Qualified Immunity in Use of Force and Warrantless Entry: Gutierrez v. Luna County Sheriff

Date: Nov 16, 2016
Affirmation of Qualified Immunity in Use of Force and Warrantless Entry: Gutierrez v. Luna County Sheriff Introduction In the appellate case of Anna Gutierrez and Patsy Flores v. Luna County Sheriff...
Affirmation of Denial of Preliminary Injunction in Diné Citizens v. BLM: Implications for NEPA Litigation and Oil & Gas Regulation

Affirmation of Denial of Preliminary Injunction in Diné Citizens v. BLM: Implications for NEPA Litigation and Oil & Gas Regulation

Date: Oct 28, 2016
Affirmation of Denial of Preliminary Injunction in Diné Citizens v. BLM: Implications for NEPA Litigation and Oil & Gas Regulation Introduction The case of Diné Citizens Against Ruining Our...
Preemption Under the National Voter Registration Act: Tenth Circuit Affirmation in Fish v. Kobach

Preemption Under the National Voter Registration Act: Tenth Circuit Affirmation in Fish v. Kobach

Date: Oct 20, 2016
Preemption Under the National Voter Registration Act: Tenth Circuit Affirmation in Fish v. Kobach Introduction In Steven Wayne Fish et al. v. Kris W. Kobach et al. (840 F.3d 710, 10th Cir. 2016), the...
U.S. v. Killblane: Tenth Circuit Upholds Inevitable Discovery in Inventory Searches Despite Procedural Lapses

U.S. v. Killblane: Tenth Circuit Upholds Inevitable Discovery in Inventory Searches Despite Procedural Lapses

Date: Oct 14, 2016
U.S. v. Killblane: Tenth Circuit Upholds Inevitable Discovery in Inventory Searches Despite Procedural Lapses Introduction In the case of United States of America v. Joshua John Killblane (662 F....
Reconciliation of Vocational Expert Testimony with DOT Job Descriptions: Insights from Japeth Paulek v. Carolyn W. Colvin

Reconciliation of Vocational Expert Testimony with DOT Job Descriptions: Insights from Japeth Paulek v. Carolyn W. Colvin

Date: Oct 4, 2016
Reconciliation of Vocational Expert Testimony with DOT Job Descriptions: Insights from Japeth Paulek v. Carolyn W. Colvin Introduction In the case of Japeth Paulek v. Carolyn W. Colvin (662 F. App'x...
Inherent Distinctiveness and Secondary Meaning in Trade Dress: Insights from Forney Industries v. Daco of Missouri

Inherent Distinctiveness and Secondary Meaning in Trade Dress: Insights from Forney Industries v. Daco of Missouri

Date: Aug 30, 2016
Inherent Distinctiveness and Secondary Meaning in Trade Dress: Insights from Forney Industries v. Daco of Missouri Introduction The case of Forney Industries, Inc. v. Daco of Missouri, Inc. (835 F.3d...
Reversing Summary Judgment on FOIA Redactions: Enhanced Scrutiny of Exemptions 4 and 6

Reversing Summary Judgment on FOIA Redactions: Enhanced Scrutiny of Exemptions 4 and 6

Date: Aug 30, 2016
Reversing Summary Judgment on FOIA Redactions: Enhanced Scrutiny of Exemptions 4 and 6 Introduction The case of BlaKE Brown et al. v. Thomas E. Perez, Secretary of Labor examines the boundaries of...
10th Circuit Affirms Class-Action Settlement for Landowners Against Telecommunications Companies: Adequate Notice and Fairness Confirmed

10th Circuit Affirms Class-Action Settlement for Landowners Against Telecommunications Companies: Adequate Notice and Fairness Confirmed

Date: Aug 30, 2016
10th Circuit Affirms Class-Action Settlement for Landowners Against Telecommunications Companies: Adequate Notice and Fairness Confirmed Introduction The case of Dale FAGER, Jr.; Michele D. Fager;...
Tenth Circuit Establishes Association-in-Fact Enterprise Standard in RICO Claims Against Financial Institutions

Tenth Circuit Establishes Association-in-Fact Enterprise Standard in RICO Claims Against Financial Institutions

Date: Aug 16, 2016
Tenth Circuit Establishes Association-in-Fact Enterprise Standard in RICO Claims Against Financial Institutions Introduction In the landmark case of Richard George et al. v. Urban Settlement...
Enhancing First Amendment Retaliation Remedies in Public Employment: Insights from Bird v. West Valley City

Enhancing First Amendment Retaliation Remedies in Public Employment: Insights from Bird v. West Valley City

Date: Aug 9, 2016
Enhancing First Amendment Retaliation Remedies in Public Employment: Insights from Bird v. West Valley City Introduction Bird v. West Valley City, 832 F.3d 1188 (10th Cir. 2016), is a significant...
Establishing NCMEC as a Governmental Entity: Fourth Amendment Implications

Establishing NCMEC as a Governmental Entity: Fourth Amendment Implications

Date: Aug 6, 2016
Establishing NCMEC as a Governmental Entity: Fourth Amendment Implications Introduction The case of United States of America v. Walter E. Ackerman (831 F.3d 1292) addresses critical constitutional...
Protection of Accommodation Requests in ADA Retaliation Claims: Comprehensive Analysis of Foster v. Mountain Coal Company

Protection of Accommodation Requests in ADA Retaliation Claims: Comprehensive Analysis of Foster v. Mountain Coal Company

Date: Jul 27, 2016
Protection of Accommodation Requests in ADA Retaliation Claims: Comprehensive Analysis of Foster v. Mountain Coal Company Introduction Parties Involved: Eugene Foster and Robert Fisk...
Qualified Immunity Affirmed in A.M. v. Holmes et al.: Implications for School-Related Arrests of Minors

Qualified Immunity Affirmed in A.M. v. Holmes et al.: Implications for School-Related Arrests of Minors

Date: Jul 26, 2016
Qualified Immunity Affirmed in A.M. v. Holmes et al.: Implications for School-Related Arrests of Minors Introduction In the case of A.M., on behalf of her minor child, F.M., Plaintiff–Appellant v....
Colorado Unfair Claims Settlement Practices Act: Dual Recovery for Breach of Contract and Unreasonable Denial Confirmed

Colorado Unfair Claims Settlement Practices Act: Dual Recovery for Breach of Contract and Unreasonable Denial Confirmed

Date: Jul 20, 2016
Colorado Unfair Claims Settlement Practices Act: Dual Recovery for Breach of Contract and Unreasonable Denial Confirmed Introduction In the case of Donald L. Etherton v. Owners Insurance Company,...
Favorable Termination in §1983 Malicious Prosecution: Tenth Circuit's Ruling in M.G.; L.J.; F.C.; M.C. v. Da

Favorable Termination in §1983 Malicious Prosecution: Tenth Circuit's Ruling in M.G.; L.J.; F.C.; M.C. v. Da

Date: Jun 22, 2016
Favorable Termination in §1983 Malicious Prosecution: Tenth Circuit's Ruling in M.G.; L.J.; F.C.; M.C. v. Da Introduction In the case of M.G.; L.J.; F.C.; M.C., Plaintiffs–Appellants, v. Da, the...
Protecting Pet Ownership: Fourth Amendment Rights Affirmed in Mayfield v. Bethards

Protecting Pet Ownership: Fourth Amendment Rights Affirmed in Mayfield v. Bethards

Date: Jun 21, 2016
Protecting Pet Ownership: Fourth Amendment Rights Affirmed in Mayfield v. Bethards Introduction In Kent Mayfield and Tonya Mayfield v. Jim Bethards, the United States Court of Appeals for the Tenth...
Reaffirming AEDPA Standards: Tenth Circuit Upholds Denial of Habeas Relief in Smith v. Ke

Reaffirming AEDPA Standards: Tenth Circuit Upholds Denial of Habeas Relief in Smith v. Ke

Date: Jun 7, 2016
Reaffirming AEDPA Standards: Tenth Circuit Upholds Denial of Habeas Relief in Smith v. Ke Introduction Smith v. Ke, 824 F.3d 1233 (10th Cir. 2016), is a pivotal case that reinforces the Application...
Standing of Individual Legislators in Constitutional Challenges: The Impact of Andy Kerr v. John Hickenlooper

Standing of Individual Legislators in Constitutional Challenges: The Impact of Andy Kerr v. John Hickenlooper

Date: Jun 4, 2016
Standing of Individual Legislators in Constitutional Challenges: The Impact of Andy Kerr v. John Hickenlooper 1. Introduction The case of Andy Kerr, et al. v. John Hickenlooper, et al., decided by...
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