10th Circuit Case Commentaries

Parratt Abstention and §1983 Substantive Due Process: The Bledsoe Decision

Date: Nov 16, 2022

Parratt Abstention and §1983 Substantive Due Process: The Bledsoe Decision Introduction In Floyd S. Bledsoe v. Board of County Commissioners for the County of Jefferson, 53 F.4th 589 (10th Cir....

10th Circuit Clarifies Qualified Immunity in Excessive Force Claims Involving Minimal Resistance and Misdemeanor Offenses

Date: Nov 10, 2022

10th Circuit Clarifies Qualified Immunity in Excessive Force Claims Involving Minimal Resistance and Misdemeanor Offenses Introduction The case of Michaella Lynn Surat v. Randall Klamser dealt with...

Burden of Proof in Arm-of-the-State Analysis Confirmed by Tenth Circuit in Hennessey v. UKHA

Date: Nov 10, 2022

Burden of Proof in Arm-of-the-State Analysis Confirmed by Tenth Circuit in Hennessey v. UKHA Introduction The case of Tamatha Hennessey v. University of Kansas Hospital Authority (UKHA) delves into...

Comprehensive Commentary on Menzies v. Powell: Upholding State Remedies on Ineffective Counsel and Sentencing Procedures

Date: Nov 8, 2022

Comprehensive Commentary on Menzies v. Powell: Upholding State Remedies on Ineffective Counsel and Sentencing Procedures 1. Introduction Menzies v. Powell is a pivotal case heard by the United States...

Affirmation of Sovereign Immunity in Garnishment of CARES Act Economic Impact Payments

Date: Nov 4, 2022

Affirmation of Sovereign Immunity in Garnishment of CARES Act Economic Impact Payments Introduction In the case of Maikijah A. Hakeem v. Kansas Department of Human Services, Child Support Enforcement...

Scope of Protected Activities Under Title VII in Retaliation Claims Affirmed

Date: Nov 2, 2022

Scope of Protected Activities Under Title VII in Retaliation Claims Affirmed Introduction In the case of Mark Christopher Tracy, Plaintiff-Appellant v. Vail Resorts, Inc., the United States Court of...

Nielsen v. Commissioner: Establishing Robust Standards for Evaluating Medical Opinions in SSI Claims

Date: Oct 29, 2022

Nielsen v. Commissioner: Establishing Robust Standards for Evaluating Medical Opinions in SSI Claims Introduction Nielsen v. Commissioner is a pivotal case adjudicated by the United States Court of...

Reaffirmation of Evidentiary Standards and Procedural Rules in United States v. Herrera et al.

Date: Oct 28, 2022

Reaffirmation of Evidentiary Standards and Procedural Rules in United States v. Herrera et al. Introduction In the landmark case United States of America v. Carlos Herrera, a/k/a Lazy, et al.,...

Affirmation of Expert Testimony and Evidentiary Discretion under Rule 26 and Rule 403: Tenth Circuit's Analysis in Vincent v. Nelson

Date: Oct 28, 2022

Affirmation of Expert Testimony and Evidentiary Discretion under Rule 26 and Rule 403: Tenth Circuit's Analysis in Vincent v. Nelson Introduction In the case of Wesley Dale Vincent v. Ava Nelson,...

Enforcement of Appeal Waivers in Plea Agreements Post-Law Changes: United States v. Joseph Keegan Haas

Date: Oct 28, 2022

Enforcement of Appeal Waivers in Plea Agreements Post-Law Changes: United States v. Joseph Keegan Haas Introduction The case of United States of America v. Joseph Keegan Haas addresses critical...

Hobbs Act Robbery Affirmed as a Crime of Violence under 18 U.S.C. §924(c)(3)(A)

Date: Sep 27, 2022

Hobbs Act Robbery Affirmed as a Crime of Violence under 18 U.S.C. §924(c)(3)(A) Introduction In the case of United States of America v. Abasi S. Baker, 49 F.4th 1348, the United States Court of...

Independent Decisionmaking Blocks Causal Link in FMLA Retaliation Claims: Parker v. United Airlines

Date: Sep 27, 2022

Independent Decisionmaking Blocks Causal Link in FMLA Retaliation Claims: Parker v. United Airlines Introduction In the case of Jeannie Parker v. United Airlines, Inc., adjudicated by the United...

Jurisdictional Limitations and the Actual Innocence Exception in Habeas Corpus: Analyzing Pacheco v. El Habti

Date: Sep 16, 2022

Jurisdictional Limitations and the Actual Innocence Exception in Habeas Corpus: Analyzing Pacheco v. El Habti Introduction Pacheco v. El Habti, 48 F.4th 1179 (10th Cir. 2022), is a pivotal case...

Affirmation of Deliberate Indifference in Custodial Medical Care: Paugh v. Uintah County

Date: Sep 8, 2022

Affirmation of Deliberate Indifference in Custodial Medical Care: Paugh v. Uintah County Introduction The case of Noleen Paugh and Donald Paugh, as heirs of Coby Lee Paugh, versus Uintah County and...

10th Circuit Reverses Summary Judgment on Retaliation and Hostile Work Environment Claims in Employment Discrimination Case

Date: Aug 24, 2022

10th Circuit Reverses Summary Judgment on Retaliation and Hostile Work Environment Claims in Employment Discrimination Case Introduction La'Tonya Ford, an African-American business development...

Reversal of Summary Judgment in Fraudulent Transfer Case under Utah's UFTA

Date: Aug 23, 2022

Reversal of Summary Judgment in Fraudulent Transfer Case under Utah's UFTA Introduction The case of Tammy B. Georgelas et al. v. Desert Hill Ventures, Inc. et al. (45 F.4th 1193) revolves around the...

Strengthening Fourth Amendment Rights: The Foregone Conclusion Standard in United States v. Johnson

Date: Aug 10, 2022

Strengthening Fourth Amendment Rights: The Foregone Conclusion Standard in United States v. Johnson Introduction In the landmark case United States of America v. Nathaniel Donald Johnson, the United...

10th Circuit Strikes Down Colorado's Section 307(4) as a First Amendment Violation

Date: Aug 10, 2022

10th Circuit Strikes Down Colorado's Section 307(4) as a First Amendment Violation Introduction In the landmark case of Jessica Peck v. Beth McCann, the United States Court of Appeals for the Tenth...

Affirmation of Arbitration Award in ADEA Case Reinforces FAA's Favoring of Arbitration and Interpretation of But-For Causation

Date: Aug 4, 2022

Affirmation of Arbitration Award in ADEA Case Reinforces FAA's Favoring of Arbitration and Interpretation of But-For Causation Introduction The case of Mary Jane Cox v. Dex Media, Inc. adjudicated by...

Tenth Circuit Expands Admissibility of Party-Opponent Admissions by Independent Contractors in Discrimination Claims

Date: Aug 4, 2022

Tenth Circuit Expands Admissibility of Party-Opponent Admissions by Independent Contractors in Discrimination Claims Introduction The case of Michael Cruz v. Farmers Insurance Exchange et al....