10th Circuit Case Commentaries

Williams v. Trammell: Upholding Intent Requirements in Aiding and Abetting Malice Murder

Date: Apr 11, 2015

Williams v. Trammell: Upholding Intent Requirements in Aiding and Abetting Malice Murder Introduction In the case of Jeremy Alan Williams v. Anita Trammell, Warden, Oklahoma State Penitentiary,...

Citizenship Determination of LLCs for Diversity Jurisdiction: Insights from Siloam Springs Hotel, L.L.C. v. Century Surety Company

Date: Apr 1, 2015

Citizenship Determination of LLCs for Diversity Jurisdiction: Insights from Siloam Springs Hotel, L.L.C. v. Century Surety Company Introduction The case of Siloam Springs Hotel, L.L.C.,...

Qualified Immunity Affirmed in Puller v. Baca: Implications for Police Conduct and Probable Cause Standards

Date: Mar 21, 2015

Qualified Immunity Affirmed in Puller v. Baca: Implications for Police Conduct and Probable Cause Standards Introduction In Aaron Joel Puller v. Paul C. Baca, 781 F.3d 1190 (10th Cir. 2015), the...

Qualified Immunity in Larceny Sting Operations: Insights from Quinn; La v. Gonzalez

Date: Mar 14, 2015

Qualified Immunity in Larceny Sting Operations: Insights from Quinn; La v. Gonzalez Introduction The case of John Michase Quinn; La v. Lemon Gonzalez adjudicated by the United States Court of Appeals...

Riser v. QEP Energy: Tenth Circuit Defines 'Substantially Equal' Work in Equal Pay Act Claims

Date: Jan 28, 2015

Riser v. QEP Energy: Tenth Circuit Defines 'Substantially Equal' Work in Equal Pay Act Claims Introduction The case of Kathy A. Riser v. QEP Energy Company was adjudicated by the United States Court...

Affirming Selective Enforcement Requirements and the Inevitable Discovery Doctrine under the Fourth Amendment – Alabi v. United States

Date: Jan 21, 2015

Affirming Selective Enforcement Requirements and the Inevitable Discovery Doctrine under the Fourth Amendment – Alabi v. United States Introduction In United States of America v. Oladipo Alabi, 597...

Affirmation of ALJ's Residual Functional Capacity Findings under SSA's POMS Guidelines: Carver v. Colvin

Date: Jan 21, 2015

Affirmation of ALJ's Residual Functional Capacity Findings under SSA's POMS Guidelines: Carver v. Colvin Introduction The case of Jimmy Dale Carver v. Carolyn W. Colvin is a significant appellate...

Affirmation of Dismissal in Gold Resource Corporation Securities Litigation: Reinforcing the PSLRA's Scienter Standard

Date: Jan 17, 2015

Affirmation of Dismissal in Gold Resource Corporation Securities Litigation: Reinforcing the PSLRA's Scienter Standard Introduction The case of In re Gold Resource Corporation Securities Litigation,...

Affirmation of Summary Judgment in Estate of Carlos Bassatt v. School District No. 1: Establishing Pretext in Title VII Retaliation Claims

Date: Jan 1, 2015

Affirmation of Summary Judgment in Estate of Carlos Bassatt v. School District No. 1: Establishing Pretext in Title VII Retaliation Claims Introduction The case of Estate of Carlos Bassatt v. School...

Collateral Estoppel in IP Ownership: Stan Lee Media v. Disney

Date: Dec 24, 2014

Collateral Estoppel in Intellectual Property Ownership Disputes: Stan Lee Media v. Disney Introduction The case of Stan Lee Media, Inc. v. The Walt Disney Company, adjudicated by the United States...

Mandating Correct Sentencing Procedures and Guideline Application: United States v. Sabillon-Umana

Date: Dec 9, 2014

Mandating Correct Sentencing Procedures and Guideline Application: United States v. Sabillon-Umana Introduction The case of United States of America v. Elder Geovany Sabillon-Umana (772 F.3d 1328)...

Affirmation of Judicial and Quasi-Judicial Immunity in Custody Litigation: Fuller v. Davis (10th Cir. 2014)

Date: Dec 4, 2014

Affirmation of Judicial and Quasi-Judicial Immunity in Custody Litigation: Fuller v. Davis (10th Cir. 2014) Introduction In Fuller v. Davis, the United States Court of Appeals for the Tenth Circuit...

Affirmation of Rule 41(b) Dismissal Without Prejudice for Noncompliance in In Forma Pauperis Litigation

Date: Nov 21, 2014

Affirmation of Rule 41(b) Dismissal Without Prejudice for Noncompliance in In Forma Pauperis Litigation Introduction In the case of Craig Robledo-Valdez, Plaintiff - Appellant, v. Dick Smelser et...

Regular Rate Under FLSA Defined as Actually Paid: Tenth Circuit Upholds Dismissal in Albers v. Jefferson County Sheriff's Office

Date: Nov 14, 2014

Regular Rate Under FLSA Defined as Actually Paid: Tenth Circuit Upholds Dismissal in Albers v. Jefferson County Sheriff's Office Introduction In Albers v. Jefferson County Sheriff's Office, multiple...

Niemi v. Lasshofer: Tenth Circuit Clarifies Personal Jurisdiction and Fugitive Disentitlement Doctrine in International Fraud Context

Date: Nov 5, 2014

Niemi v. Lasshofer: Tenth Circuit Clarifies Personal Jurisdiction and Fugitive Disentitlement Doctrine in International Fraud Context Introduction In the case of John Niemi; Robert Naegele, III;...

Affirming Convictions in United States v. Watson: Analysis of Counsel Effectiveness, Speedy Trial Act Compliance, and Rule 404(b) Evidence Admissibility

Date: Sep 12, 2014

Affirming Convictions in United States v. Watson: Analysis of Counsel Effectiveness, Speedy Trial Act Compliance, and Rule 404(b) Evidence Admissibility Introduction United States v. Watson is a...

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