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  • Commentaries
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10th Circuit Case Commentaries

Affirmation of Prosecutorial and Governmental Immunity in §1983 Claims: Nielander v. Board of County Commissioners of Republic County

Affirmation of Prosecutorial and Governmental Immunity in §1983 Claims: Nielander v. Board of County Commissioners of Republic County

Date: Sep 1, 2009
Affirmation of Prosecutorial and Governmental Immunity in §1983 Claims: Nielander v. Board of County Commissioners of Republic County Introduction The case of Frank J. Nielander v. The Board of...
Stay-and-Abeyance Procedure Upholds Exhaustion Requirements for Ineffective Assistance Claims under AEDPA in the Tenth Circuit

Stay-and-Abeyance Procedure Upholds Exhaustion Requirements for Ineffective Assistance Claims under AEDPA in the Tenth Circuit

Date: Sep 1, 2009
Stay-and-Abeyance Procedure Upholds Exhaustion Requirements for Ineffective Assistance Claims under AEDPA in the Tenth Circuit Introduction Richard Fairchild, the petitioner-appellant, currently on...
Non-Record Evidence and AEDPA Deference: Insights from Wilson v. Workman and Wackerly II

Non-Record Evidence and AEDPA Deference: Insights from Wilson v. Workman and Wackerly II

Date: Aug 28, 2009
Non-Record Evidence and AEDPA Deference: Insights from Wilson v. Workman and Wackerly II Introduction The cases of Michael Lee Wilson and Donald Wackerly II represent pivotal moments in the...
Mays v. Dinwiddie: Clarifying Habeas Corpus Custody Requirements for Concurrent and Expired Sentences

Mays v. Dinwiddie: Clarifying Habeas Corpus Custody Requirements for Concurrent and Expired Sentences

Date: Aug 27, 2009
Mays v. Dinwiddie: Clarifying Habeas Corpus Custody Requirements for Concurrent and Expired Sentences Introduction In the case of Jerry Lee Mays v. Walter N. Dinwiddie, decided by the United States...
Probable Cause Established by Canine Alert Without Final Indication: Insights from Parada v. United States

Probable Cause Established by Canine Alert Without Final Indication: Insights from Parada v. United States

Date: Aug 26, 2009
Probable Cause Established by Canine Alert Without Final Indication: Insights from Parada v. United States Introduction The case of United States of America v. Norman A. Parada (577 F.3d 1275)...
NORTH AMERICAN SPECIALTY INSURANCE CO. v. BRITT PAULK INSURANCE AGENCY: Establishing Liability for Duplicative Claims in Insurance Settlements

NORTH AMERICAN SPECIALTY INSURANCE CO. v. BRITT PAULK INSURANCE AGENCY: Establishing Liability for Duplicative Claims in Insurance Settlements

Date: Aug 26, 2009
NORTH AMERICAN SPECIALTY INSURANCE CO. v. BRITT PAULK INSURANCE AGENCY: Establishing Liability for Duplicative Claims in Insurance Settlements Introduction The case of North American Specialty...
Affirmed Immunity: GRDA and Federal Entities Shielded in Tenth Circuit’s Decision on Water Rights Litigation

Affirmed Immunity: GRDA and Federal Entities Shielded in Tenth Circuit’s Decision on Water Rights Litigation

Date: Aug 25, 2009
Affirmed Immunity: GRDA and Federal Entities Shielded in Tenth Circuit’s Decision on Water Rights Litigation Introduction In Wagoner County Rural Water District No. 2 et al. v. Grand River Dam...
Affirmation of Severance Denial and Hearsay Exception in Conspiracy Retaliation Case: United States v. Pursley Jr.

Affirmation of Severance Denial and Hearsay Exception in Conspiracy Retaliation Case: United States v. Pursley Jr.

Date: Aug 22, 2009
Affirmation of Severance Denial and Hearsay Exception in Conspiracy Retaliation Case: United States v. Pursley Jr. Introduction In the case of United States of America v. Carl W. Pursley, Jr. (577...
AEDPA Deference Upheld: Comprehensive Analysis of Matthews v. Workman

AEDPA Deference Upheld: Comprehensive Analysis of Matthews v. Workman

Date: Aug 18, 2009
AEDPA Deference Upheld: Comprehensive Analysis of Matthews v. Workman Introduction The case of Jeffrey Matthews v. Randall G. Workman (577 F.3d 1175) presents a critical examination of the...
Reevaluation of Summary Judgment Standards: Law Co. v. Mohawk Construction

Reevaluation of Summary Judgment Standards: Law Co. v. Mohawk Construction

Date: Aug 18, 2009
Reevaluation of Summary Judgment Standards: Law Co. v. Mohawk Construction Introduction In the landmark case The Law Company, Inc. v. Mohawk Construction and Supply Company, Inc., 577 F.3d 1164 (10th...
Clarifying the Calculability Standard for Prejudgment Interest: AE, INC. v. GOODYEAR TIRE Rubber Company

Clarifying the Calculability Standard for Prejudgment Interest: AE, INC. v. GOODYEAR TIRE Rubber Company

Date: Aug 12, 2009
Clarifying the Calculability Standard for Prejudgment Interest: AE, INC. v. GOODYEAR TIRE Rubber Company Introduction The case of AE, Inc. v. The Goodyear Tire Rubber Company, decided on August 11,...
Establishing the 'Combination of Factors' Standard in ERISA Disability Cases: Holcomb v. Unum

Establishing the 'Combination of Factors' Standard in ERISA Disability Cases: Holcomb v. Unum

Date: Aug 12, 2009
Establishing the 'Combination of Factors' Standard in ERISA Disability Cases: Holcomb v. Unum Introduction Holcomb v. Unum Life Insurance Company of America is a pivotal case that underscores the...
Trade Secret Misappropriation Standards Enhanced in Hertz v. Luzenac Group

Trade Secret Misappropriation Standards Enhanced in Hertz v. Luzenac Group

Date: Aug 12, 2009
Trade Secret Misappropriation Standards Enhanced in Hertz v. Luzenac Group Introduction The case of Sanford Lee Hertz v. The Luzenac Group represents a pivotal moment in the jurisprudence surrounding...
Scope of Automobile Exception in Fourth Amendment Searches: Insights from United States v. Burgess

Scope of Automobile Exception in Fourth Amendment Searches: Insights from United States v. Burgess

Date: Aug 12, 2009
Scope of Automobile Exception in Fourth Amendment Searches: Insights from United States v. Burgess Introduction United States v. Burgess (576 F.3d 1078) is a pivotal case decided by the United States...
Gross Negligence in Recreational Racing: Milne v. Dual Establishes Federal Standards Over State Law

Gross Negligence in Recreational Racing: Milne v. Dual Establishes Federal Standards Over State Law

Date: Aug 11, 2009
Gross Negligence in Recreational Racing: Milne v. Dual Establishes Federal Standards Over State Law Introduction In the landmark case of Milne v. Dual, decided by the United States Court of Appeals...
Qualified Immunity in High-Speed Police Pursuits: Insights from Green v. Pueblo County Sheriff's Department

Qualified Immunity in High-Speed Police Pursuits: Insights from Green v. Pueblo County Sheriff's Department

Date: Aug 8, 2009
Qualified Immunity in High-Speed Police Pursuits: Insights from Green v. Pueblo County Sheriff's Department Introduction Green v. Pueblo County Sheriff's Department is a pivotal case adjudicated by...
Tenth Circuit Affirms Ongoing Jurisdiction of Bankruptcy Courts over § 362(k)(1) Proceedings Post Chapter 13 Dismissal

Tenth Circuit Affirms Ongoing Jurisdiction of Bankruptcy Courts over § 362(k)(1) Proceedings Post Chapter 13 Dismissal

Date: Aug 6, 2009
Tenth Circuit Affirms Ongoing Jurisdiction of Bankruptcy Courts over § 362(k)(1) Proceedings Post Chapter 13 Dismissal Introduction The case of In re Tommy Dean Johnson; Candice Ann Johnson, Debtors...
Mario L. Toombs v. United States: Reinforcing the Standards for Ends-of-Justice Continuances under the Speedy Trial Act

Mario L. Toombs v. United States: Reinforcing the Standards for Ends-of-Justice Continuances under the Speedy Trial Act

Date: Aug 4, 2009
Mario L. Toombs v. United States: Reinforcing the Standards for Ends-of-Justice Continuances under the Speedy Trial Act Introduction The case of United States of America v. Mario L. Toombs,...
Application of Good-Faith Exception Post-ARIZONA v. GANT: United States v. McCane Analysis

Application of Good-Faith Exception Post-ARIZONA v. GANT: United States v. McCane Analysis

Date: Jul 29, 2009
Application of Good-Faith Exception Post-ARIZONA v. GANT: United States v. McCane Analysis Introduction The case of United States of America v. Markice La centers on the admissibility of a firearm...
Redefining 'Enterprise' in RICO Cases: Comprehensive Analysis of United States v. Hutchinson et al.

Redefining 'Enterprise' in RICO Cases: Comprehensive Analysis of United States v. Hutchinson et al.

Date: Jul 28, 2009
Redefining 'Enterprise' in RICO Cases: Comprehensive Analysis of United States v. Hutchinson et al. Introduction The case United States of America v. Alvin Hutchinson, et al., 573 F.3d 1011 (10th...
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