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  • Commentaries
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10th Circuit Case Commentaries

Qualified Immunity and Due Process in §1983 Claims: Brown v. Montoya, 662 F.3d 1152 (10th Cir. 2011)

Qualified Immunity and Due Process in §1983 Claims: Brown v. Montoya, 662 F.3d 1152 (10th Cir. 2011)

Date: Nov 9, 2011
Qualified Immunity and Due Process in §1983 Claims: Brown v. Montoya, 662 F.3d 1152 (10th Cir. 2011) Introduction Brown v. Montoya, decided by the United States Court of Appeals for the Tenth Circuit...
Exhaustion of Administrative Remedies Under the PLRA When Faced with Retaliation Threats

Exhaustion of Administrative Remedies Under the PLRA When Faced with Retaliation Threats

Date: Nov 9, 2011
Exhaustion of Administrative Remedies Under the PLRA When Faced with Retaliation Threats Introduction In the landmark case of Mark Tuckel v. Major Grover; Steve Keys (660 F.3d 1249, 10th Cir. 2011),...
Establishing Boundaries of Qualified Immunity in §1983 False Arrest Claims: Koch v. City of Del City

Establishing Boundaries of Qualified Immunity in §1983 False Arrest Claims: Koch v. City of Del City

Date: Nov 3, 2011
Establishing Boundaries of Qualified Immunity in §1983 False Arrest Claims: Koch v. City of Del City Introduction The case of Vicki Koch v. City of Del City addresses critical issues surrounding the...
Expansion of "Occurrence" Definition in CGL Policies: Tenth Circuit's Decision in Greystone Construction v. National Fire Marine Insurance

Expansion of "Occurrence" Definition in CGL Policies: Tenth Circuit's Decision in Greystone Construction v. National Fire Marine Insurance

Date: Nov 2, 2011
Expansion of "Occurrence" Definition in CGL Policies: Tenth Circuit's Decision in Greystone Construction v. National Fire Marine Insurance Introduction In the landmark case of Greystone Construction,...
Pro Se Representation of Minor Children in SSI Appeals: Insights from LACAUNA ADAMS v. Astrue

Pro Se Representation of Minor Children in SSI Appeals: Insights from LACAUNA ADAMS v. Astrue

Date: Nov 2, 2011
Pro Se Representation of Minor Children in SSI Appeals: Insights from LACAUNA ADAMS v. Astrue Introduction LACAUNA ADAMS, on behalf of D.J.W., a minor child, filed a legal challenge against MICHAEL...
Affirming Self-Executing Dismissals under FRCP 41(a)(1)(A)(ii): A Comprehensive Analysis of De LEON v. MARCOS

Affirming Self-Executing Dismissals under FRCP 41(a)(1)(A)(ii): A Comprehensive Analysis of De LEON v. MARCOS

Date: Nov 1, 2011
Affirming Self-Executing Dismissals under FRCP 41(a)(1)(A)(ii): A Comprehensive Analysis of De LEON v. MARCOS Introduction In the case of Ferdinand De Leon, Plaintiff-Appellant v. Imelda R. Marcos;...
Enforcement of Personal Jurisdiction in Cross-Border Contractual Disputes: Marcus Food Company v. Robert DiPanfilo

Enforcement of Personal Jurisdiction in Cross-Border Contractual Disputes: Marcus Food Company v. Robert DiPanfilo

Date: Oct 28, 2011
Enforcement of Personal Jurisdiction in Cross-Border Contractual Disputes: Marcus Food Company v. Robert DiPanfilo Introduction The case of Marcus Food Company v. Robert DiPanfilo (671 F.3d 1159)...
Affirmation of Summary Judgment: Limited Scope of Retaliation Claims Under §1981 and FMLA Without Direct Evidence of Retaliatory Motive

Affirmation of Summary Judgment: Limited Scope of Retaliation Claims Under §1981 and FMLA Without Direct Evidence of Retaliatory Motive

Date: Oct 14, 2011
Affirmation of Summary Judgment: Limited Scope of Retaliation Claims Under §1981 and FMLA Without Direct Evidence of Retaliatory Motive Introduction The case of Denice Twigg v. Hawker Beechcraft...
Padilla v. Kentucky and Retroactivity in §2255 Motions: A Comprehensive Analysis of United States v. Chang Hong

Padilla v. Kentucky and Retroactivity in §2255 Motions: A Comprehensive Analysis of United States v. Chang Hong

Date: Oct 12, 2011
Padilla v. Kentucky and Retroactivity in §2255 Motions: A Comprehensive Analysis of United States v. Chang Hong Introduction In the case of United States of America v. Chang Hong, adjudicated by the...
Affirmation of Standards for Excessive Force and Racial Profiling Claims under 42 U.S.C. § 1983: Henry v. Storey and Fangio

Affirmation of Standards for Excessive Force and Racial Profiling Claims under 42 U.S.C. § 1983: Henry v. Storey and Fangio

Date: Oct 4, 2011
Affirmation of Standards for Excessive Force and Racial Profiling Claims under 42 U.S.C. § 1983: Henry v. Storey and Fangio Introduction The case Edward Henry v. Officer Jacob Storey; Officer Amy...
Affirmation of Faragher/Ellerth Defense in Sexual Harassment Claims: Helm v. State of Kansas

Affirmation of Faragher/Ellerth Defense in Sexual Harassment Claims: Helm v. State of Kansas

Date: Sep 8, 2011
Affirmation of Faragher/Ellerth Defense in Sexual Harassment Claims: Helm v. State of Kansas Introduction The case of Christie Helm v. State of Kansas addresses pivotal issues surrounding sexual...
Kansas Penn Gaming v. Cherokee County: Reinforcing Standards for Class-of-One Equal Protection Claims

Kansas Penn Gaming v. Cherokee County: Reinforcing Standards for Class-of-One Equal Protection Claims

Date: Sep 2, 2011
Kansas Penn Gaming v. Cherokee County: Reinforcing Standards for Class-of-One Equal Protection Claims Introduction The case of Kansas Penn Gaming, LLC v. Cherokee County addresses significant issues...
10th Circuit Reinforces Fourth Amendment Protections: Limits on Warrantless Entry in Misdemeanor Hot Pursuit

10th Circuit Reinforces Fourth Amendment Protections: Limits on Warrantless Entry in Misdemeanor Hot Pursuit

Date: Sep 1, 2011
10th Circuit Reinforces Fourth Amendment Protections: Limits on Warrantless Entry in Misdemeanor Hot Pursuit Introduction In the case of Christina Mascorro; Jose Mascorro v. Craig A. Billings, et...
Defining the AEDPA One-Year Limitation: Insights from Sigala v. Bravo

Defining the AEDPA One-Year Limitation: Insights from Sigala v. Bravo

Date: Aug 31, 2011
Defining the AEDPA One-Year Limitation: Insights from Sigala v. Bravo Introduction Sigala v. Bravo is a pivotal case decided by the United States Court of Appeals for the Tenth Circuit on August 30,...
Strict Adherence to Federal Evidence Rules: Tenth Circuit's Stance on Valuation Testimony

Strict Adherence to Federal Evidence Rules: Tenth Circuit's Stance on Valuation Testimony

Date: Aug 30, 2011
Strict Adherence to Federal Evidence Rules: Tenth Circuit's Stance on Valuation Testimony Introduction The case of James River Insurance Company v. Rapid Funding, LLC (658 F.3d 1207) adjudicated by...
Tenth Circuit Reinforces Claim-Splitting Doctrine and Clarifies Standing Under the Securities Act of 1933

Tenth Circuit Reinforces Claim-Splitting Doctrine and Clarifies Standing Under the Securities Act of 1933

Date: Aug 26, 2011
Tenth Circuit Reinforces Claim-Splitting Doctrine and Clarifies Standing Under the Securities Act of 1933 Introduction Jack P. Katz and Infinity Clark Street Operating, representing themselves and...
Circuit Affirms Validity of Warrants and Cumulative Impeachment in Financial Fraud Conviction

Circuit Affirms Validity of Warrants and Cumulative Impeachment in Financial Fraud Conviction

Date: Aug 16, 2011
Affirmation of Validity of Warrants and Cumulative Impeachment in Financial Fraud Conviction Introduction In the appellate case United States of America v. Michael Craig Cooper, the United States...
Standifer v. Ledezma: Upholding BOP's 12-Month Drug Use Window for RDAP Eligibility

Standifer v. Ledezma: Upholding BOP's 12-Month Drug Use Window for RDAP Eligibility

Date: Aug 11, 2011
Standifer v. Ledezma: Upholding BOP's 12-Month Drug Use Window for RDAP Eligibility Introduction In Standifer v. Ledezma, the United States Court of Appeals for the Tenth Circuit addressed a pivotal...
Enhancing Sentencing in Firearm Possession Cases: Insights from United States v. Kitchell

Enhancing Sentencing in Firearm Possession Cases: Insights from United States v. Kitchell

Date: Aug 10, 2011
Enhancing Sentencing in Firearm Possession Cases: Insights from United States v. Kitchell Introduction United States v. Kitchell is a pivotal case adjudicated by the United States Court of Appeals...
Affirmation of Witness Tampering Conviction in United States v. Washington

Affirmation of Witness Tampering Conviction in United States v. Washington

Date: Aug 10, 2011
Affirmation of Witness Tampering Conviction in United States v. Washington Introduction United States v. Deandre Laron Washington, 653 F.3d 1251 (10th Cir. 2011), is a significant case in federal...
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