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  • Commentaries
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10th Circuit Case Commentaries

Clarification on Victim Impact Statements and Procedural Safeguards in Capital Sentencing: WELCH v. WORKMAN

Clarification on Victim Impact Statements and Procedural Safeguards in Capital Sentencing: WELCH v. WORKMAN

Date: Feb 11, 2011
Clarification on Victim Impact Statements and Procedural Safeguards in Capital Sentencing: WELCH v. WORKMAN Introduction WELCH v. WORKMAN is a pivotal case adjudicated by the United States Court of...
Establishing Vested Property Rights in Colorado Land Use Law: Insights from Jordan-Arapahoe v. Board of County Commissioners

Establishing Vested Property Rights in Colorado Land Use Law: Insights from Jordan-Arapahoe v. Board of County Commissioners

Date: Feb 9, 2011
Establishing Vested Property Rights in Colorado Land Use Law: Insights from Jordan-Arapahoe, LLP v. Board of County Commissioners of Arapahoe County Introduction The case of Jordan-Arapahoe, LLP and...
Clarifying 'Strikes' Under the Prison Litigation Reform Act: Shaaban Hafed v. Federal Bureau of Prisons

Clarifying 'Strikes' Under the Prison Litigation Reform Act: Shaaban Hafed v. Federal Bureau of Prisons

Date: Feb 5, 2011
Clarifying 'Strikes' Under the Prison Litigation Reform Act: Shaaban Hafed v. Federal Bureau of Prisons Introduction In Shaaban Shaaban Hafed v. Federal Bureau of Prisons et al., the United States...
Broker-Dealer Exemption Clarified under the Investment Advisers Act: THOMAS v. METROPOLITAN LIFE INSURANCE COMPANY

Broker-Dealer Exemption Clarified under the Investment Advisers Act: THOMAS v. METROPOLITAN LIFE INSURANCE COMPANY

Date: Feb 3, 2011
Broker-Dealer Exemption Clarified under the Investment Advisers Act: THOMAS v. METROPOLITAN LIFE INSURANCE COMPANY Introduction In Robert L. Thomas and Amanda Thomas, individually and on behalf of...
Elevated Scienter Pleading Standards for Auditors under PSLRA: Grant Thornton v. Dson

Elevated Scienter Pleading Standards for Auditors under PSLRA: Grant Thornton v. Dson

Date: Jan 21, 2011
Elevated Scienter Pleading Standards for Auditors under PSLRA: Grant Thornton v. Dson Introduction Grant Thornton v. Dson is a pivotal case decided by the United States Court of Appeals for the Tenth...
Yeley-Davis v. United States: Affirmation of Business Records under Confrontation Clause and Upholding Mandatory Life Sentences

Yeley-Davis v. United States: Affirmation of Business Records under Confrontation Clause and Upholding Mandatory Life Sentences

Date: Jan 21, 2011
Yeley-Davis v. United States: Affirmation of Business Records under Confrontation Clause and Upholding Mandatory Life Sentences Introduction The case United States of America v. Cynthia Lynn...
Enforceability of Appeal Waivers in Plea Agreements: Insights from United States v. Polly

Enforceability of Appeal Waivers in Plea Agreements: Insights from United States v. Polly

Date: Jan 19, 2011
Enforceability of Appeal Waivers in Plea Agreements: Insights from United States v. Polly Introduction United States v. Polly, 630 F.3d 991 (10th Cir. 2011), is a significant case that explores the...
Application of Twombly and Iqbal Pleading Standards to Affirmative Defenses: Lane v. D.E. Shaw Group

Application of Twombly and Iqbal Pleading Standards to Affirmative Defenses: Lane v. D.E. Shaw Group

Date: Jan 15, 2011
Application of Twombly and Iqbal Pleading Standards to Affirmative Defenses: Lane v. D.E. Shaw Group Introduction In the case of Lawrence Lane v. Barbara Page et al., decided on January 14, 2011, the...
Affirmation of Summary Judgment in Faragalla v. Douglas County School District: Establishing Boundaries for Retaliation and Hostile Work Environment Claims

Affirmation of Summary Judgment in Faragalla v. Douglas County School District: Establishing Boundaries for Retaliation and Hostile Work Environment Claims

Date: Jan 13, 2011
Affirmation of Summary Judgment in Faragalla v. Douglas County School District: Establishing Boundaries for Retaliation and Hostile Work Environment Claims Introduction In the case of Abeer Faragalla...
Prudential Standing and Third-Party Claims: Insights from *The Wilderness Society v. Kane County*

Prudential Standing and Third-Party Claims: Insights from *The Wilderness Society v. Kane County*

Date: Jan 12, 2011
Prudential Standing and Third-Party Claims: Insights from The Wilderness Society v. Kane County Introduction In the landmark case The Wilderness Society; Southern Utah Wilderness Alliance v. Kane...
Firm-Waiver Rule and Sanctions for Failure to Prosecute: Analyzing Riviera Drilling v. Gunnison Energy

Firm-Waiver Rule and Sanctions for Failure to Prosecute: Analyzing Riviera Drilling v. Gunnison Energy

Date: Jan 6, 2011
Firm-Waiver Rule and Sanctions for Failure to Prosecute: Analyzing Riviera Drilling v. Gunnison Energy Introduction The case of Riviera Drilling Exploration Company, a Texas corporation, versus...
Extension of Tribal Sovereign Immunity to Subordinate Economic Entities: Breakthrough Management Group, Inc. v. Chukchansi Gold Casino and Resort

Extension of Tribal Sovereign Immunity to Subordinate Economic Entities: Breakthrough Management Group, Inc. v. Chukchansi Gold Casino and Resort

Date: Dec 28, 2010
Extension of Tribal Sovereign Immunity to Subordinate Economic Entities: Breakthrough Management Group, Inc. v. Chukchansi Gold Casino and Resort Introduction The case of Breakthrough Management...
Strict Adherence to State Pleading Requirements in Federal Diversity Jurisdiction: Insights from Garman v. Campbell County School District

Strict Adherence to State Pleading Requirements in Federal Diversity Jurisdiction: Insights from Garman v. Campbell County School District

Date: Dec 24, 2010
Strict Adherence to State Pleading Requirements in Federal Diversity Jurisdiction: Insights from Garman v. Campbell County School District Introduction The case of Ellen Garman, guardian and next...
Tenth Circuit Clarifies Speedy Trial Act Compliance in United States v. Larson

Tenth Circuit Clarifies Speedy Trial Act Compliance in United States v. Larson

Date: Dec 21, 2010
Tenth Circuit Clarifies Speedy Trial Act Compliance in United States v. Larson Introduction In the landmark case of United States v. Larson, 627 F.3d 1198 (10th Cir. 2010), the United States Court of...
Affirmation of 18 U.S.C. § 922(g)(8): Upholding Second Amendment Considerations in Domestic Protection Orders

Affirmation of 18 U.S.C. § 922(g)(8): Upholding Second Amendment Considerations in Domestic Protection Orders

Date: Dec 11, 2010
Affirmation of 18 U.S.C. § 922(g)(8): Upholding Second Amendment Considerations in Domestic Protection Orders Introduction In the case of United States of America v. James Oliver Reese, 627 F.3d 792...
Proper Service of Process on Government Officials Under Federal Rules Affirmed in Constien v. United States

Proper Service of Process on Government Officials Under Federal Rules Affirmed in Constien v. United States

Date: Dec 10, 2010
Proper Service of Process on Government Officials Under Federal Rules Affirmed in Constien v. United States Introduction Constien v. United States is a significant case adjudicated by the United...
Equitable Tolling for Actual Innocence Claims: Lopez v. Travis Tram

Equitable Tolling for Actual Innocence Claims: Lopez v. Travis Tram

Date: Dec 7, 2010
Equitable Tolling for Actual Innocence Claims: Lopez v. Travis Tram Introduction In Victor Lopez v. Travis Tram, the United States Court of Appeals for the Tenth Circuit addressed significant issues...
Municipal Liability Under §1983: Insights from Da v. d Johns BRYSON

Municipal Liability Under §1983: Insights from Da v. d Johns BRYSON

Date: Dec 7, 2010
Municipal Liability Under §1983: Insights from Da v. d Johns BRYSON Introduction The case of Da v. d Johns BRYSON serves as a pivotal examination of municipal liability under Section 1983. David...
Established Qualified Immunity Standards in Prisoners' Procedural Due Process Claims

Established Qualified Immunity Standards in Prisoners' Procedural Due Process Claims

Date: Nov 23, 2010
Established Qualified Immunity Standards in Prisoners' Procedural Due Process Claims Introduction The case of Herman T. Clark v. Leon Wilson (625 F.3d 686) adjudicated by the United States Court of...
Due Process Standard for Excessive Force Claims by Federal Immigration Detainees Established in Yero Porro v. Barnes

Due Process Standard for Excessive Force Claims by Federal Immigration Detainees Established in Yero Porro v. Barnes

Date: Nov 10, 2010
Due Process Standard for Excessive Force Claims by Federal Immigration Detainees Established in Yero Porro v. Barnes Introduction Alfredo Yero Porro v. Stanley Barnes; and Michael Bryant is a pivotal...
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