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10th Circuit Case Commentaries

U.S. v. Ray: Clarifying Sentencing Enhancements for Child Pornography Distribution via Peer-to-Peer Networks

U.S. v. Ray: Clarifying Sentencing Enhancements for Child Pornography Distribution via Peer-to-Peer Networks

Date: Feb 2, 2013
U.S. v. Ray: Clarifying Sentencing Enhancements for Child Pornography Distribution via Peer-to-Peer Networks Introduction In United States of America v. Austin Alan Ray, decided by the United States...
Private Prison Operators Not Considered Public Entities Under ADA: Phillips v. CCA

Private Prison Operators Not Considered Public Entities Under ADA: Phillips v. CCA

Date: Jan 24, 2013
Private Prison Operators Not Considered Public Entities Under ADA: Phillips v. CCA Introduction In Jeffrey Allen Phillips v. Corrections Corporation of America (CCA), the United States Court of...
Hilti Inc. v. Tabor & Gray: Establishing Standards for Discrimination Claims under Title VII

Hilti Inc. v. Tabor & Gray: Establishing Standards for Discrimination Claims under Title VII

Date: Jan 16, 2013
Hilti Inc. v. Tabor & Gray: Establishing Standards for Discrimination Claims under Title VII Introduction In the landmark case of Ronica R. Tabor; Dacia S. Gray v. Hilti, Inc. (703 F.3d 1206, 10th...
Impact of Freeman Decision on Rule 11(c)(1)(C) Plea Agreements: United States v. Graham

Impact of Freeman Decision on Rule 11(c)(1)(C) Plea Agreements: United States v. Graham

Date: Jan 16, 2013
Impact of Freeman Decision on Rule 11(c)(1)(C) Plea Agreements: United States v. Graham Introduction In United States of America v. Gregory E. Graham, 704 F.3d 1275 (10th Cir. 2013), the United...
10th Circuit Establishes Enhanced Scrutiny for Ineffective Assistance of Counsel in Capital Sentencing

10th Circuit Establishes Enhanced Scrutiny for Ineffective Assistance of Counsel in Capital Sentencing

Date: Jan 8, 2013
10th Circuit Establishes Enhanced Scrutiny for Ineffective Assistance of Counsel in Capital Sentencing Introduction Emmanuel Littlejohn, a convicted murderer sentenced to death, initiated a federal...
Qualified Immunity Uphheld for Police in Conspiracy of Silence: 10th Circuit Sets Precedent on Court Access Claims

Qualified Immunity Uphheld for Police in Conspiracy of Silence: 10th Circuit Sets Precedent on Court Access Claims

Date: Jan 5, 2013
Qualified Immunity Upheld for Police in Conspiracy of Silence: 10th Circuit Sets Precedent on Court Access Claims Introduction The case of Nick Lynch v. Adam Barrett, adjudicated by the United States...
Retaliatory Discharge under Colorado Public Policy: Insights from Barlow v. C.R. England, Inc.

Retaliatory Discharge under Colorado Public Policy: Insights from Barlow v. C.R. England, Inc.

Date: Dec 27, 2012
Retaliatory Discharge under Colorado Public Policy: Insights from Barlow v. C.R. England, Inc. Introduction The case of Willie Barlow, Jr. v. C.R. England, Inc., 703 F.3d 497 (10th Cir. 2012), serves...
Affirmation of Qualified Immunity in Prisoners' Free Exercise Claims: Stewart v. Beach & Wilson

Affirmation of Qualified Immunity in Prisoners' Free Exercise Claims: Stewart v. Beach & Wilson

Date: Dec 19, 2012
Affirmation of Qualified Immunity in Prisoners' Free Exercise Claims: Stewart v. Beach & Wilson Introduction The case of Sturgeon STEWART v. (FNU) BEACH; (FNU) Wilson adjudicated by the United States...
Unambiguous Invocation of the Right to Counsel: Analysis of United States v. Santistevan

Unambiguous Invocation of the Right to Counsel: Analysis of United States v. Santistevan

Date: Dec 18, 2012
Unambiguous Invocation of the Right to Counsel: Analysis of United States v. Santistevan Introduction United States of America v. Manuel Santistevan, 701 F.3d 1289 (10th Cir. 2012), presents a...
Establishing the Boundaries of Timeliness in Discrimination Claims: Insights from Regina Daniels v. UPS

Establishing the Boundaries of Timeliness in Discrimination Claims: Insights from Regina Daniels v. UPS

Date: Dec 12, 2012
Establishing the Boundaries of Timeliness in Discrimination Claims: Insights from Regina Daniels v. UPS Introduction Regina Daniels v. United Parcel Service, Inc., 701 F.3d 620 (10th Cir. 2012),...
Enforcement of Clickwrap Agreements: Tenth Circuit Upholds Forum Selection and Arbitration Clauses in U-verse Terms of Service

Enforcement of Clickwrap Agreements: Tenth Circuit Upholds Forum Selection and Arbitration Clauses in U-verse Terms of Service

Date: Dec 12, 2012
Enforcement of Clickwrap Agreements: Tenth Circuit Upholds Forum Selection and Arbitration Clauses in U-verse Terms of Service Introduction In the case Gayen Hancock; Da v. d Cross; Montez Mutzig;...
Substantial Certainty and Personal Jurisdiction: 10th Circuit Affirms Summary Judgment in Monge v. RG Petro

Substantial Certainty and Personal Jurisdiction: 10th Circuit Affirms Summary Judgment in Monge v. RG Petro

Date: Dec 8, 2012
Substantial Certainty and Personal Jurisdiction: 10th Circuit Affirms Summary Judgment in Monge v. RG Petro Introduction The case of Joel Monge v. RG Petro–Machinery (Group) Co. Ltd. addresses...
Establishing Municipal Liability under 42 U.S.C. §1983: Insights from Coffey v. McKinley County

Establishing Municipal Liability under 42 U.S.C. §1983: Insights from Coffey v. McKinley County

Date: Dec 5, 2012
Establishing Municipal Liability under 42 U.S.C. §1983: Insights from Coffey v. McKinley County Introduction The case of DIANA COFFEY, on behalf of her minor grandchildren I-VII, and the Estate of...
Affiliates and Arbitration: Clarifying Third-Party Beneficiary Status in Arbitration Agreements

Affiliates and Arbitration: Clarifying Third-Party Beneficiary Status in Arbitration Agreements

Date: Dec 4, 2012
Affiliates and Arbitration: Clarifying Third-Party Beneficiary Status in Arbitration Agreements Introduction The enforcement of arbitration agreements has become a pivotal issue in contract law,...
Qualified Immunity and Procedural Due Process in Foster Care: A Comprehensive Analysis of Elwell v. Byers

Qualified Immunity and Procedural Due Process in Foster Care: A Comprehensive Analysis of Elwell v. Byers

Date: Nov 15, 2012
Qualified Immunity and Procedural Due Process in Foster Care: A Comprehensive Analysis of Elwell v. Byers Introduction The case of Ann Elwell and Greg Elwell v. Bob Byers and Lynnea Kaufman, 699 F.3d...
Exhaustion of State Remedies and AEDPA's Statute of Limitations: Insights from Prendergast v. Clements

Exhaustion of State Remedies and AEDPA's Statute of Limitations: Insights from Prendergast v. Clements

Date: Nov 7, 2012
Exhaustion of State Remedies and AEDPA's Statute of Limitations: Insights from Prendergast v. Clements Introduction In the case of Brian Victor Prendergast v. Tom Clements, adjudicated by the United...
Silence Does Not Constitute Obstruction: Kaufman v. Higgs and the Fourth Amendment

Silence Does Not Constitute Obstruction: Kaufman v. Higgs and the Fourth Amendment

Date: Oct 24, 2012
Silence Does Not Constitute Obstruction: Kaufman v. Higgs and the Fourth Amendment Introduction Richard Kaufman v. Jonathan Higgs, Richard P. Milner, and Scott Liska is a landmark case adjudicated by...
Tenth Circuit Affirms Lack of Third-Party Beneficiary Standing for Foster Children in Insurance Claims

Tenth Circuit Affirms Lack of Third-Party Beneficiary Standing for Foster Children in Insurance Claims

Date: Oct 18, 2012
Tenth Circuit Affirms Lack of Third-Party Beneficiary Standing for Foster Children in Insurance Claims Introduction The case of Colony Insurance Company v. Robbie Burke addressed critical issues...
Extending Liability in Fourth Amendment Seizures: Martinez v. Carson & Mangin

Extending Liability in Fourth Amendment Seizures: Martinez v. Carson & Mangin

Date: Oct 18, 2012
Extending Liability in Fourth Amendment Seizures: Martinez v. Carson & Mangin Introduction The case of Phillip Martinez and Ricardo Sarmiento v. Gary Carson and Don Mangin (697 F.3d 1252, 10th Cir....
Well-Pleaded Complaint Rule Reinforced: 10th Circuit Reaffirms State-Law Supremacy in Federal Courts

Well-Pleaded Complaint Rule Reinforced: 10th Circuit Reaffirms State-Law Supremacy in Federal Courts

Date: Oct 10, 2012
Well-Pleaded Complaint Rule Reinforced: 10th Circuit Reaffirms State-Law Supremacy in Federal Courts Introduction In the case of Arthur Firstenberg v. City of Santa Fe, New Mexico; AT&T Mobility...
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