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  • Commentaries
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10th Circuit Case Commentaries

De Novo Review Applied to ERISA Denials Amid Administrative Delays and Policy Ambiguity

De Novo Review Applied to ERISA Denials Amid Administrative Delays and Policy Ambiguity

Date: Nov 3, 2009
De Novo Review Applied to ERISA Denials Amid Administrative Delays and Policy Ambiguity Introduction The case of Hans-Gerd Rasenack v. AIG Life Insurance Company adjudicated by the United States...
Riebesell v. Johnson: Non-Dischargeability of Attorney-Client Loans and Federal Post-Judgment Interest Rates

Riebesell v. Johnson: Non-Dischargeability of Attorney-Client Loans and Federal Post-Judgment Interest Rates

Date: Oct 29, 2009
Riebesell v. Johnson: Non-Dischargeability of Attorney-Client Loans and Federal Post-Judgment Interest Rates Introduction In the case In re Harold Frederick Riebesell, Jr., decided by the United...
Qualified Immunity and Use of Deadly Force: THOMSON v. SALT LAKE COUNTY

Qualified Immunity and Use of Deadly Force: THOMSON v. SALT LAKE COUNTY

Date: Oct 28, 2009
Qualified Immunity and Use of Deadly Force: THOMSON v. SALT LAKE COUNTY Introduction In Amy THOMSON, indi v. Salt Lake County, 584 F.3d 1304 (10th Cir. 2009), the United States Court of Appeals for...
Qualified Immunity and Fourth Amendment Protections: A Comprehensive Commentary on Bowling v. Rector

Qualified Immunity and Fourth Amendment Protections: A Comprehensive Commentary on Bowling v. Rector

Date: Oct 27, 2009
Qualified Immunity and Fourth Amendment Protections: A Comprehensive Commentary on Bowling v. Rector Introduction Bowling v. Rector, 584 F.3d 956 (10th Cir. 2009), presents a significant examination...
Implied Waiver of Attorney-Client Privilege in Ineffective Assistance Claims Under Section 2255

Implied Waiver of Attorney-Client Privilege in Ineffective Assistance Claims Under Section 2255

Date: Oct 27, 2009
Implied Waiver of Attorney-Client Privilege in Ineffective Assistance Claims Under Section 2255 Introduction In the case of United States of America v. Jeremy Pinson, 584 F.3d 972 (10th Cir. 2009),...
Affirmation of Reasonable Suspicion in Traffic Stops: United States v. White and Richardson

Affirmation of Reasonable Suspicion in Traffic Stops: United States v. White and Richardson

Date: Oct 23, 2009
Affirmation of Reasonable Suspicion in Traffic Stops: United States v. White and Richardson Introduction In the consolidated direct criminal appeals of United States of America v. Marlon A. White,...
Tenth Circuit Reinforces Exhaustion Requirement and Standards for Constructive Discharge in Employment Discrimination Cases

Tenth Circuit Reinforces Exhaustion Requirement and Standards for Constructive Discharge in Employment Discrimination Cases

Date: Oct 23, 2009
Tenth Circuit Reinforces Exhaustion Requirement and Standards for Constructive Discharge in Employment Discrimination Cases Introduction The appellate case of Felix Lara v. Unified School District...
State Action Requirement Affirmed in Hall v. Witteman: A Comprehensive Legal Commentary

State Action Requirement Affirmed in Hall v. Witteman: A Comprehensive Legal Commentary

Date: Oct 20, 2009
State Action Requirement Affirmed in Hall v. Witteman: A Comprehensive Legal Commentary Introduction The case of George Milam Hall v. Douglas P. Witteman (584 F.3d 859, Tenth Circuit, 2009) presents...
10th Circuit Defines Civilly Committed Individuals as Non-Prisoners under the Prison Litigation Reform Act

10th Circuit Defines Civilly Committed Individuals as Non-Prisoners under the Prison Litigation Reform Act

Date: Oct 20, 2009
10th Circuit Defines Civilly Committed Individuals as Non-Prisoners under the Prison Litigation Reform Act Introduction In the case of Dustin J. Merryfield v. Don Jordan et al., the United States...
10th Circuit Establishes Non-De Minimis Injury Threshold in Excessive Force Claims

10th Circuit Establishes Non-De Minimis Injury Threshold in Excessive Force Claims

Date: Oct 20, 2009
10th Circuit Establishes Non-De Minimis Injury Threshold in Excessive Force Claims Introduction In the landmark case of Robert Fisher and Mary Fisher v. The City of Las Cruces, the United States...
Denial of Certificate of Appealability in Cole v. Zavaris: A Comprehensive Legal Commentary

Denial of Certificate of Appealability in Cole v. Zavaris: A Comprehensive Legal Commentary

Date: Oct 17, 2009
Denial of Certificate of Appealability in Cole v. Zavaris: A Comprehensive Legal Commentary Introduction Cole v. Zavaris (349 F. App'x 328) is a pivotal case adjudicated by the United States Court of...
United States v. Woods, III: Reinforcing Fourth Amendment Standards in Traffic-Related Searches

United States v. Woods, III: Reinforcing Fourth Amendment Standards in Traffic-Related Searches

Date: Oct 14, 2009
United States v. Woods, III: Reinforcing Fourth Amendment Standards in Traffic-Related Searches Introduction In the landmark case United States v. Isaac Woods, III, the United States Court of Appeals...
Affirming the Discretionary Nature of Indeterminate Sentencing: Straley v. Utah Board of Pardons

Affirming the Discretionary Nature of Indeterminate Sentencing: Straley v. Utah Board of Pardons

Date: Sep 29, 2009
Affirming the Discretionary Nature of Indeterminate Sentencing: Straley v. Utah Board of Pardons Introduction In the landmark case of Robert Dale Straley v. Utah Board of Pardons, adjudicated by the...
Affirmation of Conspiracy and Retaliation Convictions; Upholding Security Measures and Trial Practices in United States v. Wardell

Affirmation of Conspiracy and Retaliation Convictions; Upholding Security Measures and Trial Practices in United States v. Wardell

Date: Sep 23, 2009
Affirmation of Conspiracy and Retaliation Convictions; Upholding Security Measures and Trial Practices in United States v. Wardell Introduction In United States v. Wendel R. Wardell, Jr., the United...
Good Faith Exception Sustained Despite Insufficient Probable Cause in United States v. Roach

Good Faith Exception Sustained Despite Insufficient Probable Cause in United States v. Roach

Date: Sep 22, 2009
Good Faith Exception Sustained Despite Insufficient Probable Cause in United States v. Roach Introduction United States of America v. Manuel A. Roach is a seminal case adjudicated by the United...
Enforcement of Noncompetition Agreements and Trade Secret Limitations in SOUTHWEST STAINLESS v. Sappington & Emmer

Enforcement of Noncompetition Agreements and Trade Secret Limitations in SOUTHWEST STAINLESS v. Sappington & Emmer

Date: Sep 22, 2009
Enforcement of Noncompetition Agreements and Trade Secret Limitations in SOUTHWEST STAINLESS, LP v. Sappington & Emmer Introduction The case of SOUTHWEST STAINLESS, LP v. John R. Sappington; William...
Wackerly v. Workman: Affirmation of Death Sentence and Ineffective Assistance of Counsel Analysis

Wackerly v. Workman: Affirmation of Death Sentence and Ineffective Assistance of Counsel Analysis

Date: Sep 16, 2009
Wackerly v. Workman: Affirmation of Death Sentence and Ineffective Assistance of Counsel Analysis Introduction Donald Ray Wackerly, II, the petitioner-appellant, was convicted of first-degree murder...
Limits of Incentive Awards for Pro Se Objectors in Securities Fraud Class Actions: An Analysis of Schonbrun v. UFCW Local 880

Limits of Incentive Awards for Pro Se Objectors in Securities Fraud Class Actions: An Analysis of Schonbrun v. UFCW Local 880

Date: Sep 12, 2009
Limits of Incentive Awards for Pro Se Objectors in Securities Fraud Class Actions: An Analysis of Schonbrun v. UFCW Local 880 Introduction In the appellate case Schoenbrun v. UFCW Local 880-Retail...
Affirmation of Defamation Defense and Strict Implied Contract Standards in Cory v. Allstate Insurance

Affirmation of Defamation Defense and Strict Implied Contract Standards in Cory v. Allstate Insurance

Date: Sep 10, 2009
Affirmation of Defamation Defense and Strict Implied Contract Standards in Cory v. Allstate Insurance Introduction In the case of R. Greg Cory v. Allstate Insurance, heard by the United States Court...
Tenth Circuit Affirms Remand of Class Action Under CAFA's Local Controversy Exception

Tenth Circuit Affirms Remand of Class Action Under CAFA's Local Controversy Exception

Date: Sep 5, 2009
Tenth Circuit Affirms Remand of Class Action Under CAFA's Local Controversy Exception Introduction In the case of Bob Coffey et al. v. Freeport McMoRan Copper Gold et al., the United States Court of...
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