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  • Commentaries
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10th Circuit Case Commentaries

Three-Strikes Rule for Discovery Violations Affirmed in Lee v. Max International

Three-Strikes Rule for Discovery Violations Affirmed in Lee v. Max International

Date: May 4, 2011
Three-Strikes Rule for Discovery Violations Affirmed in Lee v. Max International Introduction In the case of Markyl Lee, a/k/a Markyl Angel Lee; Promises to Keep, LLC vs. Max International, LLC, the...
Retroactive Death Penalty Application Validated: Comprehensive Analysis of Selsor v. Oklahoma

Retroactive Death Penalty Application Validated: Comprehensive Analysis of Selsor v. Oklahoma

Date: May 3, 2011
Retroactive Death Penalty Application Validated: Comprehensive Analysis of Selsor v. Oklahoma Introduction The case of Michael Bascum Selsor v. Randall G. Workman, Warden, Oklahoma State...
Defining "Prevailing Party" in Eminent Domain Proceedings: Insights from United States v. Harrell

Defining "Prevailing Party" in Eminent Domain Proceedings: Insights from United States v. Harrell

Date: Apr 30, 2011
Defining "Prevailing Party" in Eminent Domain Proceedings: Insights from United States v. Harrell Introduction The case of United States v. Melissa Leigh Harrell et al. represents a pivotal decision...
Strict Standards for Certificates of Appealability in Habeas Corpus Petitions: Insights from Harris v. Dinwiddie

Strict Standards for Certificates of Appealability in Habeas Corpus Petitions: Insights from Harris v. Dinwiddie

Date: Apr 29, 2011
Strict Standards for Certificates of Appealability in Habeas Corpus Petitions: Insights from Harris v. Dinwiddie Introduction Chad Nathan Harris v. Walter Dinwiddie, 642 F.3d 902 (10th Cir. 2011),...
Application of Filed Rate Doctrine and Noerr-Pennington Immunity in Title Insurance Regulation: Coll v. First American Title Insurance Company

Application of Filed Rate Doctrine and Noerr-Pennington Immunity in Title Insurance Regulation: Coll v. First American Title Insurance Company

Date: Apr 27, 2011
Application of Filed Rate Doctrine and Noerr-Pennington Immunity in Title Insurance Regulation: Coll v. First American Title Insurance Company Introduction In the case of Max W. Coll, II, et al. v....
Ensuring Comprehensive Evaluation of Medical Evidence in Social Security Disability Appeals

Ensuring Comprehensive Evaluation of Medical Evidence in Social Security Disability Appeals

Date: Apr 27, 2011
Ensuring Comprehensive Evaluation of Medical Evidence in Social Security Disability Appeals Introduction In the case of James MARTINEZ, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner, Social...
Crowe v. ADT Security Services: Affirmation of Employer's Non-Discriminatory Termination Practices

Crowe v. ADT Security Services: Affirmation of Employer's Non-Discriminatory Termination Practices

Date: Apr 26, 2011
Crowe v. ADT Security Services: Affirmation of Employer's Non-Discriminatory Termination Practices Introduction In Wythe S. Crowe v. ADT Security Services, Inc., the Plaintiff-Appellant, Wythe S....
Probable Cause Affirmed through Certified Drug Dog Alerts in Tenth Circuit: United States v. Ludwig

Probable Cause Affirmed through Certified Drug Dog Alerts in Tenth Circuit: United States v. Ludwig

Date: Apr 23, 2011
Probable Cause Affirmed through Certified Drug Dog Alerts in Tenth Circuit: United States v. Ludwig Introduction In United States v. Sergei Paul Ludwig (641 F.3d 1243, 10th Cir. 2011), the United...
Understanding ERISA Preemption and Standing: Insights from Hansen v. Harper Excavating

Understanding ERISA Preemption and Standing: Insights from Hansen v. Harper Excavating

Date: Apr 14, 2011
Understanding ERISA Preemption and Standing: Insights from Hansen v. Harper Excavating Introduction The case of Jeffrey Hansen v. Harper Excavating, Inc. (641 F.3d 1216) decided by the United States...
Strict Interpretation of Embezzlement Under 18 U.S.C. §664 and Venue Requirements for False Statements Under §1001(a)(2): Insights from United States v. Paul L. Smith

Strict Interpretation of Embezzlement Under 18 U.S.C. §664 and Venue Requirements for False Statements Under §1001(a)(2): Insights from United States v. Paul L. Smith

Date: Apr 13, 2011
Strict Interpretation of Embezzlement Under 18 U.S.C. §664 and Venue Requirements for False Statements Under §1001(a)(2): Insights from United States v. Paul L. Smith Introduction United States v....
Affirmation of Reasonable Suspicion Standards in Investigatory Detentions Based on Third-Party Reports

Affirmation of Reasonable Suspicion Standards in Investigatory Detentions Based on Third-Party Reports

Date: Apr 5, 2011
Affirmation of Reasonable Suspicion Standards in Investigatory Detentions Based on Third-Party Reports Introduction The case of United States of America v. Kenneth Frank McHugh (639 F.3d 1250)...
Rule 68 Offers Do Not Moot Class Actions: Tenth Circuit Establishes Precedent

Rule 68 Offers Do Not Moot Class Actions: Tenth Circuit Establishes Precedent

Date: Apr 1, 2011
Rule 68 Offers Do Not Moot Class Actions: Tenth Circuit Establishes Precedent Introduction In the landmark case Richard Lucero v. Bureau of Collection Recovery, Inc., decided on March 31, 2011, the...
Strengthening Firearms Trafficking Convictions: Expert Testimony and Sentencing Enhancements in United States v. Erika Denise Garcia

Strengthening Firearms Trafficking Convictions: Expert Testimony and Sentencing Enhancements in United States v. Erika Denise Garcia

Date: Mar 29, 2011
Strengthening Firearms Trafficking Convictions: Expert Testimony and Sentencing Enhancements in United States v. Erika Denise Garcia Introduction The case of United States of America v. Erika Denise...
Affirming Limitations and the Forfeiture of Unraised Legal Theories in Civil Litigation: Insights from Richison v. Ernest Group, Inc.

Affirming Limitations and the Forfeiture of Unraised Legal Theories in Civil Litigation: Insights from Richison v. Ernest Group, Inc.

Date: Mar 15, 2011
Affirming Limitations and the Forfeiture of Unraised Legal Theories in Civil Litigation: Insights from Richison v. Ernest Group, Inc. Introduction In the case of David K. Richison v. Ernest Group,...
Application of the 'Three Strikes' Rule under the Prison Litigation Reform Act: Smith v. Veterans Administration

Application of the 'Three Strikes' Rule under the Prison Litigation Reform Act: Smith v. Veterans Administration

Date: Mar 2, 2011
Application of the 'Three Strikes' Rule under the Prison Litigation Reform Act: Smith v. Veterans Administration Introduction In Dana Lydell Smith v. Veterans Administration et al., the United States...
Establishing Personal Jurisdiction in Internet-Based Defamation: Insights from Shrader v. Biddinger

Establishing Personal Jurisdiction in Internet-Based Defamation: Insights from Shrader v. Biddinger

Date: Mar 1, 2011
Establishing Personal Jurisdiction in Internet-Based Defamation: Insights from Shrader v. Biddinger Introduction In the landmark case of Greg Shrader v. Al Biddinger et al. (633 F.3d 1235, 10th Cir....
Enhancement of Sentencing Based on Prior Convictions and Admission of Subsequent Arrests: Insights from United States v. Andre Davis

Enhancement of Sentencing Based on Prior Convictions and Admission of Subsequent Arrests: Insights from United States v. Andre Davis

Date: Feb 26, 2011
Enhancement of Sentencing Based on Prior Convictions and Admission of Subsequent Arrests: Insights from United States v. Andre Davis Introduction United States v. Andre Davis is a significant case...
Upholding Finality in Collateral Habeas Corpus: Tenth Circuit Rules Against Prost's Statutory Interpretation Challenge

Upholding Finality in Collateral Habeas Corpus: Tenth Circuit Rules Against Prost's Statutory Interpretation Challenge

Date: Feb 23, 2011
Upholding Finality in Collateral Habeas Corpus: Tenth Circuit Rules Against Prost's Statutory Interpretation Challenge Introduction In Keith Prost v. Carl Anderson, 636 F.3d 578 (10th Cir. 2011), the...
Limits on Delegation of Discretion and Clarity in Supervised Release Conditions: US v. Mike, 10th Cir. 2011

Limits on Delegation of Discretion and Clarity in Supervised Release Conditions: US v. Mike, 10th Cir. 2011

Date: Feb 18, 2011
Limits on Delegation of Discretion and Clarity in Supervised Release Conditions: US v. Mike, 632 F.3d 686 (10th Cir. 2011) Introduction The case of UNITED STATES of America v. Adrian Mike, 632 F.3d...
Presumption of Reasonableness in Sentencing Revocations Confirmed: The McBride v. United States Decision

Presumption of Reasonableness in Sentencing Revocations Confirmed: The McBride v. United States Decision

Date: Feb 15, 2011
Presumption of Reasonableness in Sentencing Revocations Confirmed: The McBride v. United States Decision Introduction The case of United States of America v. Osibisa McBride (633 F.3d 1229) addressed...
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