10th Circuit Case Commentaries

10th Circuit Affirms Injunction Against Oklahoma’s Anti-Sharia Constitutional Amendment Under Establishment Clause

Date: Jan 11, 2012

10th Circuit Affirms Injunction Against Oklahoma’s Anti-Sharia Constitutional Amendment Under Establishment Clause Introduction In the landmark case of Muneer Awad v. Paul Ziriax, decided on January...

Affirmation of Trustee's Authority to Foreclose Despite Securitization: Commonwealth Property Advocates v. MERS

Date: Dec 24, 2011

Affirmation of Trustee's Authority to Foreclose Despite Securitization: Commonwealth Property Advocates v. MERS 1. Introduction The case of Commonwealth Property Advocates, LLC v. Mortgage Electronic...

Qualified Immunity and Exigent Circumstances in Police Searches: Kerns v. Albuquerque Police Department

Date: Dec 21, 2011

Qualified Immunity and Exigent Circumstances in Police Searches: Kerns v. Albuquerque Police Department Introduction Kerns v. Albuquerque Police Department (663 F.3d 1173) is a landmark case decided...

Tenth Circuit Expands Protective Frisk Authority under the Fourth Amendment

Date: Dec 14, 2011

Tenth Circuit Expands Protective Frisk Authority under the Fourth Amendment Introduction In the landmark case of United States of America v. Ivan Rochin (662 F.3d 1272, 10th Cir. 2011), the United...

Establishing Probable Cause: The Case of Mitchell Garcia v. Monica Casuas and the City of Rio Rancho

Date: Dec 9, 2011

Establishing Probable Cause: The Case of Mitchell Garcia v. Monica Casuas and the City of Rio Rancho Introduction In Mitchell Garcia v. Monica Casuas and the City of Rio Rancho, the United States...

Enhanced Guidelines for Sentence Modification: Randall v. United States

Date: Dec 3, 2011

Enhanced Guidelines for Sentence Modification: Randall v. United States Introduction United States of America v. Chester Randall, Jr., 666 F.3d 1238, decided by the United States Court of Appeals for...

Anita Luster v. Vilsack: Establishing Standards for Title VII Discrimination Claims

Date: Dec 2, 2011

Anita Luster v. Vilsack: Establishing Standards for Title VII Discrimination Claims Introduction Anita Luster v. Tom Vilsack, Secretary of the United States Department of Agriculture, 667 F.3d 1089...

Defining Substantial Steps in Attempted Witness Tampering under 18 U.S.C. § 1512(a)(1)(A): United States v. Irving

Date: Nov 30, 2011

Defining Substantial Steps in Attempted Witness Tampering under 18 U.S.C. § 1512(a)(1)(A): United States v. Irving Introduction United States of America v. Ronald Keith Irving was adjudicated by the...

Affirmation of Probable Cause Sufficiency in 42 U.S.C. § 1983 Claims: Larson v. Agos, et al.

Date: Nov 30, 2011

Affirmation of Probable Cause Sufficiency in 42 U.S.C. § 1983 Claims: Larson v. Agos, et al. Introduction In the case of Daniel Lee Larson v. Michael Agos et al., adjudicated by the United States...

Klen v. City of Loveland: Defining First Amendment Retaliation and Immunity Standards

Date: Nov 16, 2011

Klen v. City of Loveland: Defining First Amendment Retaliation and Immunity Standards Introduction In Klen v. City of Loveland, decided by the United States Court of Appeals for the Tenth Circuit on...

Affirmation of Arbitrary and Capricious Standard in ERISA Benefit Denials with Delegated Administrators

Date: Nov 16, 2011

Affirmation of Arbitrary and Capricious Standard in ERISA Benefit Denials with Delegated Administrators Introduction The case of Eugene S. v. Horizon Blue Cross Blue Shield of New Jersey explores the...

Thornburg MBS Litigation: Limited CRARA Preemption, No First Amendment Shield for Offering-Document Ratings, and American Pipe Tolling Despite Standing Defects

Date: Nov 13, 2011

Thornburg MBS Litigation: Limited CRARA Preemption, No First Amendment Shield for Offering-Document Ratings, and American Pipe Tolling Despite Standing Defects Introduction This class action arises...

Affirmation of Mandatory Savings Accounts for Inmates: Tenth Circuit Upholds KDOC Policies

Date: Nov 11, 2011

Affirmation of Mandatory Savings Accounts for Inmates: Tenth Circuit Upholds KDOC Policies Introduction In the landmark case of Plaintiffs-Appellants v. Roger Werholtz, the United States Court of...

Qualified Immunity and Due Process in §1983 Claims: Brown v. Montoya, 662 F.3d 1152 (10th Cir. 2011)

Date: Nov 9, 2011

Qualified Immunity and Due Process in §1983 Claims: Brown v. Montoya, 662 F.3d 1152 (10th Cir. 2011) Introduction Brown v. Montoya, decided by the United States Court of Appeals for the Tenth Circuit...

Exhaustion of Administrative Remedies Under the PLRA When Faced with Retaliation Threats

Date: Nov 9, 2011

Exhaustion of Administrative Remedies Under the PLRA When Faced with Retaliation Threats Introduction In the landmark case of Mark Tuckel v. Major Grover; Steve Keys (660 F.3d 1249, 10th Cir. 2011),...

Establishing Boundaries of Qualified Immunity in §1983 False Arrest Claims: Koch v. City of Del City

Date: Nov 3, 2011

Establishing Boundaries of Qualified Immunity in §1983 False Arrest Claims: Koch v. City of Del City Introduction The case of Vicki Koch v. City of Del City addresses critical issues surrounding the...

Expansion of "Occurrence" Definition in CGL Policies: Tenth Circuit's Decision in Greystone Construction v. National Fire Marine Insurance

Date: Nov 2, 2011

Expansion of "Occurrence" Definition in CGL Policies: Tenth Circuit's Decision in Greystone Construction v. National Fire Marine Insurance Introduction In the landmark case of Greystone Construction,...

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