10th Circuit Case Commentaries

ClearOne Communications, Inc. v. Biamp Systems, Inc.: Tenth Circuit's Comprehensive Analysis of Trade Secret Misappropriation under UUTSA

Date: Aug 9, 2011

ClearOne Communications, Inc. v. Biamp Systems, Inc.: Tenth Circuit's Comprehensive Analysis of Trade Secret Misappropriation under UUTSA Introduction In the landmark case of ClearOne Communications,...

Reconsideration of Interlocutory Daubert Rulings in Wrongful Death Claims: Rimbert v. Eli Lilly Co.

Date: Aug 4, 2011

Reconsideration of Interlocutory Daubert Rulings in Wrongful Death Claims: Rimbert v. Eli Lilly Co. Introduction In the case of Mark Gilbert Rimbert, individually and as Personal Representative of...

Affirmation of Summary Judgment in ADEA Age Discrimination Case: Boston v. Blue Cross and Blue Shield of Kansas

Date: Jul 30, 2011

Affirmation of Summary Judgment in ADEA Age Discrimination Case: Boston v. Blue Cross and Blue Shield of Kansas Introduction The case of Fred W. Boston v. Blue Cross and Blue Shield of Kansas, Inc....

Expanding Due Process Protections in Property Encumbrance: Analysis of Pater v. City of Casper

Date: Jul 26, 2011

Expanding Due Process Protections in Property Encumbrance: Analysis of Pater v. City of Casper Introduction Pater v. City of Casper, 646 F.3d 1290 (10th Cir. 2011), represents a significant appellate...

Public-Concern Requirement in Retaliation Claims: Insights from Merrifield v. Board of County Commissioners

Date: Jul 26, 2011

Public-Concern Requirement in Retaliation Claims: Insights from Merrifield v. Board of County Commissioners Introduction In the landmark case of Billy A. Merrifield v. Board of County Commissioners...

Mootness in Prisoner Litigation: Tenth Circuit Rules in Mark Jordan v. BOP Officials

Date: Jul 21, 2011

Mootness in Prisoner Litigation: Tenth Circuit Rules in Mark Jordan v. BOP Officials Introduction In Mark Jordan v. Mary H. Sosa et al., the United States Court of Appeals for the Tenth Circuit...

Affirmation of Summary Judgment in McCarty v. Gilchrist: Probable Cause and Statute of Limitations in § 1983 Malicious Prosecution Claims

Date: Jul 15, 2011

Affirmation of Summary Judgment in McCarty v. Gilchrist: Probable Cause and Statute of Limitations in § 1983 Malicious Prosecution Claims Introduction The case of Curtis Edward McCARTY v. Joyce A....

Reaffirmation of Strict Standards for Ineffective Assistance of Counsel in STA Violations: United States v. Rushin

Date: Jun 29, 2011

Reaffirmation of Strict Standards for Ineffective Assistance of Counsel in STA Violations: United States v. Rushin Introduction United States v. Samuel R. Rushin, 642 F.3d 1299 (10th Cir. 2011),...

Enforcement of Trade Secret Protections and Injunctive Relief in CLEARONE v. BOWERS et al.: A Comprehensive Analysis

Date: Jun 28, 2011

Enforcement of Trade Secret Protections and Injunctive Relief in CLEARONE v. BOWERS et al.: A Comprehensive Analysis Introduction The case of CLEARONE COMMUNICATIONS, INC. v. Lonny Bowers; Jun Yang;...

Declaratory Judgment Jurisdiction in Insurance Policies: Columbian Financial Corp. v. BancInsure, Inc.

Date: Jun 22, 2011

Declaratory Judgment Jurisdiction in Insurance Policies: Columbian Financial Corp. v. BancInsure, Inc. Introduction The case of Columbian Financial Corporation and Carl McCaffree versus BancInsure,...

Clarifying First Amendment Protections for Public Employees Outside Official Duties: Trant v. State of Oklahoma

Date: Jun 16, 2011

Clarifying First Amendment Protections for Public Employees Outside Official Duties: Trant v. State of Oklahoma Introduction Case: Collie M. Trant, Plaintiff-Appellant, v. State of Oklahoma; Board of...

Tenth Circuit Affirms Employer's Right to Amend ERISA Plan Despite Minimum Benefit Provisions

Date: Jun 3, 2011

Tenth Circuit Affirms Employer's Right to Amend ERISA Plan Despite Minimum Benefit Provisions Introduction In the landmark decision of Edward J. Kerber et al. v. Qwest Group Life Insurance Plan, the...

Affirmation of Summary Judgment in Age Discrimination Case: Sykes Enterprises v. Simmons

Date: Jun 3, 2011

Affirmation of Summary Judgment in Age Discrimination Case: Sykes Enterprises v. Simmons Introduction The case of Patricia F. Simmons v. Sykes Enterprises, Incorporated (647 F.3d 943) presents a...

Affirmation of Ineffective Assistance of Counsel Claims Under Strickland and AEDPA: Byrd v. Workman

Date: May 28, 2011

Affirmation of Ineffective Assistance of Counsel Claims Under Strickland and AEDPA: Byrd v. Workman Introduction In Byrd v. Workman (645 F.3d 1159, 10th Cir. 2011), the United States Court of Appeals...

Reaffirming Tribal Sovereign Immunity and EX PARTE YOUNG Doctrine in Crowe Dunlevy, P.C. v. Stidham

Date: May 28, 2011

Reaffirming Tribal Sovereign Immunity and EX PARTE YOUNG Doctrine in Crowe Dunlevy, P.C. v. Stidham Introduction The case of Crowe Dunlevy, P.C. v. Gregory R. Stidham, 640 F.3d 1140 (2011),...

10th Circuit Establishes Proper Venue Requirements for Criminal Attempt Charges in Drug Conspiracy Cases

Date: May 24, 2011

10th Circuit Establishes Proper Venue Requirements for Criminal Attempt Charges in Drug Conspiracy Cases Introduction The case of UNITED STATES of America v. Shevel M. Foy, 641 F.3d 455 (10th Cir....

Arbitration and Judicial Remedies: Insights from Mathews v. Denver Newspaper Agency LLP

Date: May 17, 2011

Arbitration and Judicial Remedies: Insights from Mathews v. Denver Newspaper Agency LLP Introduction In the case of John Mathews v. Denver Newspaper Agency LLP, the United States Court of Appeals for...

Krauser v. Astrue: Reinforcing the Evaluation Framework for Social Security Disability Claims

Date: May 7, 2011

Krauser v. Astrue: Reinforcing the Evaluation Framework for Social Security Disability Claims Introduction Krauser v. Astrue is a pivotal case adjudicated by the United States Court of Appeals for...

Affirmation of the Public-Concern Test in Public Employee Free Speech Retaliation Claims: Leverington v. City of Colorado Springs

Date: May 6, 2011

Affirmation of the Public-Concern Test in Public Employee Free Speech Retaliation Claims: Leverington v. City of Colorado Springs Introduction Miriam Leverington, a cardiac nurse employed by Memorial...

Affirmation of Summary Judgment in EEOC v. C.R. England, Inc.: Implications for ADA Protections

Date: May 4, 2011

Affirmation of Summary Judgment in EEOC v. C.R. England, Inc.: Implications for ADA Protections Introduction The case of Equal Employment Opportunity Commission (EEOC) v. C.R. England, Inc. revolved...

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