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  • Commentaries
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10th Circuit Case Commentaries

Preponderance of Evidence Standard for CAFA Removals: Frederick v. Hartford Underwriters Insurance Company

Preponderance of Evidence Standard for CAFA Removals: Frederick v. Hartford Underwriters Insurance Company

Date: Jun 29, 2012
Preponderance of Evidence Standard for CAFA Removals: Frederick v. Hartford Underwriters Insurance Company Introduction In the landmark case of Frederick v. Hartford Underwriters Insurance Company,...
10th Circuit Reverses Summary Judgment on Hostile Work Environment and Constructive Discharge Claims under Title VII

10th Circuit Reverses Summary Judgment on Hostile Work Environment and Constructive Discharge Claims under Title VII

Date: Jun 27, 2012
10th Circuit Reverses Summary Judgment on Hostile Work Environment and Constructive Discharge Claims under Title VII Introduction In Teresa Hernandez v. Valley View Hospital Association, the United...
Tenth Circuit Establishes Proper Handling of Unopposed Mental RFC Opinions in SSA Disability Claims

Tenth Circuit Establishes Proper Handling of Unopposed Mental RFC Opinions in SSA Disability Claims

Date: Jun 27, 2012
Tenth Circuit Establishes Proper Handling of Unopposed Mental RFC Opinions in SSA Disability Claims Introduction In the case of Lisa R. Chapo v. Michael J. Astrue, Commissioner of the Social Security...
Rooker–Feldman Doctrine Reinforced: Campbell v. City of Spencer and Town of Forest Park

Rooker–Feldman Doctrine Reinforced: Campbell v. City of Spencer and Town of Forest Park

Date: Jun 23, 2012
Rooker–Feldman Doctrine Reinforced: Campbell v. City of Spencer and Town of Forest Park Introduction Ann Elaine Campbell v. City of Spencer and Town of Forest Park is a pivotal case decided by the...
AEDPA Deference and Procedural Bar Challenges in Capital Cases: Black v. Workman

AEDPA Deference and Procedural Bar Challenges in Capital Cases: Black v. Workman

Date: Jun 15, 2012
AEDPA Deference and Procedural Bar Challenges in Capital Cases: Black v. Workman Introduction Johnny Dale Black was convicted of first-degree murder and battery with a dangerous weapon by a jury in...
Affirmation of Non-Discriminatory Termination in Jaramillo v. Adams County School District 14

Affirmation of Non-Discriminatory Termination in Jaramillo v. Adams County School District 14

Date: Jun 13, 2012
Affirmation of Non-Discriminatory Termination in Jaramillo v. Adams County School District 14 Introduction Judy Jaramillo v. Adams County School District 14, 680 F.3d 1267 (10th Cir. 2012), is a...
Establishing Receiver Standing under Utah's UFTA in Ponzi Scheme Litigation

Establishing Receiver Standing under Utah's UFTA in Ponzi Scheme Litigation

Date: Jun 7, 2012
Establishing Receiver Standing under Utah's UFTA in Ponzi Scheme Litigation Introduction The case of Robert G. Wing, as Receiver for Vescor Capital Corp. v. Dockstader Family Trust addresses critical...
Finality of Remand Orders in ERISA Disability Claims: The Spradley v. Owens–Illinois Decision

Finality of Remand Orders in ERISA Disability Claims: The Spradley v. Owens–Illinois Decision

Date: Jun 2, 2012
Finality of Remand Orders in ERISA Disability Claims: The Spradley v. Owens–Illinois Decision Introduction The case of Tommy E. Spradley v. The Owens–Illinois Hourly Employees Welfare Benefit Plan...
Sentencing Variances in Federal Firearm Brandishing Cases: United States v. Deshane Gantt

Sentencing Variances in Federal Firearm Brandishing Cases: United States v. Deshane Gantt

Date: May 31, 2012
Sentencing Variances in Federal Firearm Brandishing Cases: United States v. Deshane Gantt Introduction The case of United States of America v. Deshane Gantt (679 F.3d 1240) adjudicated by the United...
Application of Ameliorative Amendments to Sentencing Guidelines: United States v. Osborn

Application of Ameliorative Amendments to Sentencing Guidelines: United States v. Osborn

Date: May 26, 2012
Application of Ameliorative Amendments to Sentencing Guidelines: United States v. Osborn Introduction United States v. Rayne Alisa Osborn (679 F.3d 1193, 10th Cir. 2012) addresses the critical issue...
Mounts v. Astrue: Weighting Non-Medical Opinions in Social Security Disability Determinations

Mounts v. Astrue: Weighting Non-Medical Opinions in Social Security Disability Determinations

Date: May 10, 2012
Mounts v. Astrue: Weighting Non-Medical Opinions in Social Security Disability Determinations Introduction Mounts v. Astrue is a pivotal case adjudicated by the United States Court of Appeals for the...
Jurisdictional Boundaries in Habeas Corpus: Tenth Circuit's Ruling in Palma-Salazar v. Davis

Jurisdictional Boundaries in Habeas Corpus: Tenth Circuit's Ruling in Palma-Salazar v. Davis

Date: May 2, 2012
Jurisdictional Boundaries in Habeas Corpus: Tenth Circuit's Ruling in Palma-Salazar v. Davis Introduction In the case of Jesus Hector Palma-Salazar v. Blake Davis, adjudicated by the United States...
Tenth Circuit Affirms No Liberty Interest in Avoiding Transfer to Administrative Maximum: Rezaq v. Nalley et al.

Tenth Circuit Affirms No Liberty Interest in Avoiding Transfer to Administrative Maximum: Rezaq v. Nalley et al.

Date: Apr 21, 2012
Tenth Circuit Affirms No Liberty Interest in Avoiding Transfer to Administrative Maximum: Rezaq v. Nalley et al. Introduction In Omar Rezaq v. Michael Nalley et al., the plaintiffs—Omar Rezaq,...
Establishing Due Process Standards for Periodic Reviews in Stratified Prison Incentive Programs: 10th Circuit's TOEVS v. REID Decision

Establishing Due Process Standards for Periodic Reviews in Stratified Prison Incentive Programs: 10th Circuit's TOEVS v. REID Decision

Date: Apr 3, 2012
Establishing Due Process Standards for Periodic Reviews in Stratified Prison Incentive Programs: 10th Circuit's TOEVS v. REID Decision Introduction The case of Janos Toevs v. Larry Reid; Susan Jones...
Double Jeopardy Protections in § 2255 Petitions: Analysis of United States v. Torres-Laranega

Double Jeopardy Protections in § 2255 Petitions: Analysis of United States v. Torres-Laranega

Date: Apr 3, 2012
Double Jeopardy Protections in § 2255 Petitions: Analysis of United States v. Torres-Laranega Introduction The case of United States of America v. Jorge Torres-Laranega (473 F. App'x 839) serves as a...
Effective Waiver of Collateral Appeals in Federal Plea Agreements: United States v. Viera Analysis

Effective Waiver of Collateral Appeals in Federal Plea Agreements: United States v. Viera Analysis

Date: Mar 29, 2012
Effective Waiver of Collateral Appeals in Federal Plea Agreements: United States v. Viera Analysis Introduction United States of America v. Jose Viera, 674 F.3d 1214 (10th Cir. 2012), is a pivotal...
14-Day Limitation Under Rule 35(a) Constitutes Jurisdictional Barrier: Insights from McGaughy v. United States

14-Day Limitation Under Rule 35(a) Constitutes Jurisdictional Barrier: Insights from McGaughy v. United States

Date: Mar 1, 2012
14-Day Limitation Under Rule 35(a) Constitutes Jurisdictional Barrier: Insights from McGaughy v. United States Introduction McGaughy v. United States, 670 F.3d 1149 (10th Cir. 2012), presents a...
Muscogee (Creek) Nation v. Oklahoma Tax Commission: Affirmation of State Tax Authority in Indian Country

Muscogee (Creek) Nation v. Oklahoma Tax Commission: Affirmation of State Tax Authority in Indian Country

Date: Feb 29, 2012
Muscogee (Creek) Nation v. Oklahoma Tax Commission: Affirmation of State Tax Authority in Indian Country Introduction The case of Muscogee (Creek) Nation v. Oklahoma Tax Commission (669 F.3d 1159)...
Tenth Circuit Clarifies Qualified Immunity Standards in Unlawful Arrest and Excessive Force Claims: Morris v. Noe

Tenth Circuit Clarifies Qualified Immunity Standards in Unlawful Arrest and Excessive Force Claims: Morris v. Noe

Date: Feb 28, 2012
Tenth Circuit Clarifies Qualified Immunity Standards in Unlawful Arrest and Excessive Force Claims: Morris v. Noe Introduction In Morris v. Noe, 672 F.3d 1185 (10th Cir. 2012), the United States...
Waiver of Acceptance of Responsibility in Sentencing: Insights from United States v. McGehee

Waiver of Acceptance of Responsibility in Sentencing: Insights from United States v. McGehee

Date: Feb 23, 2012
Waiver of Acceptance of Responsibility in Sentencing: Insights from United States v. McGehee Introduction United States v. Jonathan M. McGehee, 672 F.3d 860 (10th Cir. 2012), is a pivotal case that...
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