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  • Commentaries
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10th Circuit Case Commentaries

Affirmation of Summary Judgment: Limited Scope of Retaliation Claims Under §1981 and FMLA Without Direct Evidence of Retaliatory Motive

Affirmation of Summary Judgment: Limited Scope of Retaliation Claims Under §1981 and FMLA Without Direct Evidence of Retaliatory Motive

Date: Oct 14, 2011
Affirmation of Summary Judgment: Limited Scope of Retaliation Claims Under §1981 and FMLA Without Direct Evidence of Retaliatory Motive Introduction The case of Denice Twigg v. Hawker Beechcraft...
Padilla v. Kentucky and Retroactivity in §2255 Motions: A Comprehensive Analysis of United States v. Chang Hong

Padilla v. Kentucky and Retroactivity in §2255 Motions: A Comprehensive Analysis of United States v. Chang Hong

Date: Oct 12, 2011
Padilla v. Kentucky and Retroactivity in §2255 Motions: A Comprehensive Analysis of United States v. Chang Hong Introduction In the case of United States of America v. Chang Hong, adjudicated by the...
Affirmation of Standards for Excessive Force and Racial Profiling Claims under 42 U.S.C. § 1983: Henry v. Storey and Fangio

Affirmation of Standards for Excessive Force and Racial Profiling Claims under 42 U.S.C. § 1983: Henry v. Storey and Fangio

Date: Oct 4, 2011
Affirmation of Standards for Excessive Force and Racial Profiling Claims under 42 U.S.C. § 1983: Henry v. Storey and Fangio Introduction The case Edward Henry v. Officer Jacob Storey; Officer Amy...
Affirmation of Faragher/Ellerth Defense in Sexual Harassment Claims: Helm v. State of Kansas

Affirmation of Faragher/Ellerth Defense in Sexual Harassment Claims: Helm v. State of Kansas

Date: Sep 8, 2011
Affirmation of Faragher/Ellerth Defense in Sexual Harassment Claims: Helm v. State of Kansas Introduction The case of Christie Helm v. State of Kansas addresses pivotal issues surrounding sexual...
Kansas Penn Gaming v. Cherokee County: Reinforcing Standards for Class-of-One Equal Protection Claims

Kansas Penn Gaming v. Cherokee County: Reinforcing Standards for Class-of-One Equal Protection Claims

Date: Sep 2, 2011
Kansas Penn Gaming v. Cherokee County: Reinforcing Standards for Class-of-One Equal Protection Claims Introduction The case of Kansas Penn Gaming, LLC v. Cherokee County addresses significant issues...
10th Circuit Reinforces Fourth Amendment Protections: Limits on Warrantless Entry in Misdemeanor Hot Pursuit

10th Circuit Reinforces Fourth Amendment Protections: Limits on Warrantless Entry in Misdemeanor Hot Pursuit

Date: Sep 1, 2011
10th Circuit Reinforces Fourth Amendment Protections: Limits on Warrantless Entry in Misdemeanor Hot Pursuit Introduction In the case of Christina Mascorro; Jose Mascorro v. Craig A. Billings, et...
Defining the AEDPA One-Year Limitation: Insights from Sigala v. Bravo

Defining the AEDPA One-Year Limitation: Insights from Sigala v. Bravo

Date: Aug 31, 2011
Defining the AEDPA One-Year Limitation: Insights from Sigala v. Bravo Introduction Sigala v. Bravo is a pivotal case decided by the United States Court of Appeals for the Tenth Circuit on August 30,...
Strict Adherence to Federal Evidence Rules: Tenth Circuit's Stance on Valuation Testimony

Strict Adherence to Federal Evidence Rules: Tenth Circuit's Stance on Valuation Testimony

Date: Aug 30, 2011
Strict Adherence to Federal Evidence Rules: Tenth Circuit's Stance on Valuation Testimony Introduction The case of James River Insurance Company v. Rapid Funding, LLC (658 F.3d 1207) adjudicated by...
Tenth Circuit Reinforces Claim-Splitting Doctrine and Clarifies Standing Under the Securities Act of 1933

Tenth Circuit Reinforces Claim-Splitting Doctrine and Clarifies Standing Under the Securities Act of 1933

Date: Aug 26, 2011
Tenth Circuit Reinforces Claim-Splitting Doctrine and Clarifies Standing Under the Securities Act of 1933 Introduction Jack P. Katz and Infinity Clark Street Operating, representing themselves and...
Circuit Affirms Validity of Warrants and Cumulative Impeachment in Financial Fraud Conviction

Circuit Affirms Validity of Warrants and Cumulative Impeachment in Financial Fraud Conviction

Date: Aug 16, 2011
Affirmation of Validity of Warrants and Cumulative Impeachment in Financial Fraud Conviction Introduction In the appellate case United States of America v. Michael Craig Cooper, the United States...
Standifer v. Ledezma: Upholding BOP's 12-Month Drug Use Window for RDAP Eligibility

Standifer v. Ledezma: Upholding BOP's 12-Month Drug Use Window for RDAP Eligibility

Date: Aug 11, 2011
Standifer v. Ledezma: Upholding BOP's 12-Month Drug Use Window for RDAP Eligibility Introduction In Standifer v. Ledezma, the United States Court of Appeals for the Tenth Circuit addressed a pivotal...
Enhancing Sentencing in Firearm Possession Cases: Insights from United States v. Kitchell

Enhancing Sentencing in Firearm Possession Cases: Insights from United States v. Kitchell

Date: Aug 10, 2011
Enhancing Sentencing in Firearm Possession Cases: Insights from United States v. Kitchell Introduction United States v. Kitchell is a pivotal case adjudicated by the United States Court of Appeals...
Affirmation of Witness Tampering Conviction in United States v. Washington

Affirmation of Witness Tampering Conviction in United States v. Washington

Date: Aug 10, 2011
Affirmation of Witness Tampering Conviction in United States v. Washington Introduction United States v. Deandre Laron Washington, 653 F.3d 1251 (10th Cir. 2011), is a significant case in federal...
ClearOne Communications, Inc. v. Biamp Systems, Inc.: Tenth Circuit's Comprehensive Analysis of Trade Secret Misappropriation under UUTSA

ClearOne Communications, Inc. v. Biamp Systems, Inc.: Tenth Circuit's Comprehensive Analysis of Trade Secret Misappropriation under UUTSA

Date: Aug 9, 2011
ClearOne Communications, Inc. v. Biamp Systems, Inc.: Tenth Circuit's Comprehensive Analysis of Trade Secret Misappropriation under UUTSA Introduction In the landmark case of ClearOne Communications,...
Reconsideration of Interlocutory Daubert Rulings in Wrongful Death Claims: Rimbert v. Eli Lilly Co.

Reconsideration of Interlocutory Daubert Rulings in Wrongful Death Claims: Rimbert v. Eli Lilly Co.

Date: Aug 4, 2011
Reconsideration of Interlocutory Daubert Rulings in Wrongful Death Claims: Rimbert v. Eli Lilly Co. Introduction In the case of Mark Gilbert Rimbert, individually and as Personal Representative of...
Affirmation of Summary Judgment in ADEA Age Discrimination Case: Boston v. Blue Cross and Blue Shield of Kansas

Affirmation of Summary Judgment in ADEA Age Discrimination Case: Boston v. Blue Cross and Blue Shield of Kansas

Date: Jul 30, 2011
Affirmation of Summary Judgment in ADEA Age Discrimination Case: Boston v. Blue Cross and Blue Shield of Kansas Introduction The case of Fred W. Boston v. Blue Cross and Blue Shield of Kansas, Inc....
Expanding Due Process Protections in Property Encumbrance: Analysis of Pater v. City of Casper

Expanding Due Process Protections in Property Encumbrance: Analysis of Pater v. City of Casper

Date: Jul 26, 2011
Expanding Due Process Protections in Property Encumbrance: Analysis of Pater v. City of Casper Introduction Pater v. City of Casper, 646 F.3d 1290 (10th Cir. 2011), represents a significant appellate...
Public-Concern Requirement in Retaliation Claims: Insights from Merrifield v. Board of County Commissioners

Public-Concern Requirement in Retaliation Claims: Insights from Merrifield v. Board of County Commissioners

Date: Jul 26, 2011
Public-Concern Requirement in Retaliation Claims: Insights from Merrifield v. Board of County Commissioners Introduction In the landmark case of Billy A. Merrifield v. Board of County Commissioners...
Mootness in Prisoner Litigation: Tenth Circuit Rules in Mark Jordan v. BOP Officials

Mootness in Prisoner Litigation: Tenth Circuit Rules in Mark Jordan v. BOP Officials

Date: Jul 21, 2011
Mootness in Prisoner Litigation: Tenth Circuit Rules in Mark Jordan v. BOP Officials Introduction In Mark Jordan v. Mary H. Sosa et al., the United States Court of Appeals for the Tenth Circuit...
Affirmation of Summary Judgment in McCarty v. Gilchrist: Probable Cause and Statute of Limitations in § 1983 Malicious Prosecution Claims

Affirmation of Summary Judgment in McCarty v. Gilchrist: Probable Cause and Statute of Limitations in § 1983 Malicious Prosecution Claims

Date: Jul 15, 2011
Affirmation of Summary Judgment in McCarty v. Gilchrist: Probable Cause and Statute of Limitations in § 1983 Malicious Prosecution Claims Introduction The case of Curtis Edward McCARTY v. Joyce A....
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