10th Circuit Case Commentaries

Reaffirmation of Strict Standards for Ineffective Assistance of Counsel in STA Violations: United States v. Rushin

Date: Jun 29, 2011

Reaffirmation of Strict Standards for Ineffective Assistance of Counsel in STA Violations: United States v. Rushin Introduction United States v. Samuel R. Rushin, 642 F.3d 1299 (10th Cir. 2011),...

Enforcement of Trade Secret Protections and Injunctive Relief in CLEARONE v. BOWERS et al.: A Comprehensive Analysis

Date: Jun 28, 2011

Enforcement of Trade Secret Protections and Injunctive Relief in CLEARONE v. BOWERS et al.: A Comprehensive Analysis Introduction The case of CLEARONE COMMUNICATIONS, INC. v. Lonny Bowers; Jun Yang;...

Declaratory Judgment Jurisdiction in Insurance Policies: Columbian Financial Corp. v. BancInsure, Inc.

Date: Jun 22, 2011

Declaratory Judgment Jurisdiction in Insurance Policies: Columbian Financial Corp. v. BancInsure, Inc. Introduction The case of Columbian Financial Corporation and Carl McCaffree versus BancInsure,...

Clarifying First Amendment Protections for Public Employees Outside Official Duties: Trant v. State of Oklahoma

Date: Jun 16, 2011

Clarifying First Amendment Protections for Public Employees Outside Official Duties: Trant v. State of Oklahoma Introduction Case: Collie M. Trant, Plaintiff-Appellant, v. State of Oklahoma; Board of...

Tenth Circuit Affirms Employer's Right to Amend ERISA Plan Despite Minimum Benefit Provisions

Date: Jun 3, 2011

Tenth Circuit Affirms Employer's Right to Amend ERISA Plan Despite Minimum Benefit Provisions Introduction In the landmark decision of Edward J. Kerber et al. v. Qwest Group Life Insurance Plan, the...

Affirmation of Summary Judgment in Age Discrimination Case: Sykes Enterprises v. Simmons

Date: Jun 3, 2011

Affirmation of Summary Judgment in Age Discrimination Case: Sykes Enterprises v. Simmons Introduction The case of Patricia F. Simmons v. Sykes Enterprises, Incorporated (647 F.3d 943) presents a...

Affirmation of Ineffective Assistance of Counsel Claims Under Strickland and AEDPA: Byrd v. Workman

Date: May 28, 2011

Affirmation of Ineffective Assistance of Counsel Claims Under Strickland and AEDPA: Byrd v. Workman Introduction In Byrd v. Workman (645 F.3d 1159, 10th Cir. 2011), the United States Court of Appeals...

Reaffirming Tribal Sovereign Immunity and EX PARTE YOUNG Doctrine in Crowe Dunlevy, P.C. v. Stidham

Date: May 28, 2011

Reaffirming Tribal Sovereign Immunity and EX PARTE YOUNG Doctrine in Crowe Dunlevy, P.C. v. Stidham Introduction The case of Crowe Dunlevy, P.C. v. Gregory R. Stidham, 640 F.3d 1140 (2011),...

10th Circuit Establishes Proper Venue Requirements for Criminal Attempt Charges in Drug Conspiracy Cases

Date: May 24, 2011

10th Circuit Establishes Proper Venue Requirements for Criminal Attempt Charges in Drug Conspiracy Cases Introduction The case of UNITED STATES of America v. Shevel M. Foy, 641 F.3d 455 (10th Cir....

Arbitration and Judicial Remedies: Insights from Mathews v. Denver Newspaper Agency LLP

Date: May 17, 2011

Arbitration and Judicial Remedies: Insights from Mathews v. Denver Newspaper Agency LLP Introduction In the case of John Mathews v. Denver Newspaper Agency LLP, the United States Court of Appeals for...

Krauser v. Astrue: Reinforcing the Evaluation Framework for Social Security Disability Claims

Date: May 7, 2011

Krauser v. Astrue: Reinforcing the Evaluation Framework for Social Security Disability Claims Introduction Krauser v. Astrue is a pivotal case adjudicated by the United States Court of Appeals for...

Affirmation of the Public-Concern Test in Public Employee Free Speech Retaliation Claims: Leverington v. City of Colorado Springs

Date: May 6, 2011

Affirmation of the Public-Concern Test in Public Employee Free Speech Retaliation Claims: Leverington v. City of Colorado Springs Introduction Miriam Leverington, a cardiac nurse employed by Memorial...

Affirmation of Summary Judgment in EEOC v. C.R. England, Inc.: Implications for ADA Protections

Date: May 4, 2011

Affirmation of Summary Judgment in EEOC v. C.R. England, Inc.: Implications for ADA Protections Introduction The case of Equal Employment Opportunity Commission (EEOC) v. C.R. England, Inc. revolved...

Three-Strikes Rule for Discovery Violations Affirmed in Lee v. Max International

Date: May 4, 2011

Three-Strikes Rule for Discovery Violations Affirmed in Lee v. Max International Introduction In the case of Markyl Lee, a/k/a Markyl Angel Lee; Promises to Keep, LLC vs. Max International, LLC, the...

Retroactive Death Penalty Application Validated: Comprehensive Analysis of Selsor v. Oklahoma

Date: May 3, 2011

Retroactive Death Penalty Application Validated: Comprehensive Analysis of Selsor v. Oklahoma Introduction The case of Michael Bascum Selsor v. Randall G. Workman, Warden, Oklahoma State...

Defining "Prevailing Party" in Eminent Domain Proceedings: Insights from United States v. Harrell

Date: Apr 30, 2011

Defining "Prevailing Party" in Eminent Domain Proceedings: Insights from United States v. Harrell Introduction The case of United States v. Melissa Leigh Harrell et al. represents a pivotal decision...

Strict Standards for Certificates of Appealability in Habeas Corpus Petitions: Insights from Harris v. Dinwiddie

Date: Apr 29, 2011

Strict Standards for Certificates of Appealability in Habeas Corpus Petitions: Insights from Harris v. Dinwiddie Introduction Chad Nathan Harris v. Walter Dinwiddie, 642 F.3d 902 (10th Cir. 2011),...

Application of Filed Rate Doctrine and Noerr-Pennington Immunity in Title Insurance Regulation: Coll v. First American Title Insurance Company

Date: Apr 27, 2011

Application of Filed Rate Doctrine and Noerr-Pennington Immunity in Title Insurance Regulation: Coll v. First American Title Insurance Company Introduction In the case of Max W. Coll, II, et al. v....

Ensuring Comprehensive Evaluation of Medical Evidence in Social Security Disability Appeals

Date: Apr 27, 2011

Ensuring Comprehensive Evaluation of Medical Evidence in Social Security Disability Appeals Introduction In the case of James MARTINEZ, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner, Social...

Crowe v. ADT Security Services: Affirmation of Employer's Non-Discriminatory Termination Practices

Date: Apr 26, 2011

Crowe v. ADT Security Services: Affirmation of Employer's Non-Discriminatory Termination Practices Introduction In Wythe S. Crowe v. ADT Security Services, Inc., the Plaintiff-Appellant, Wythe S....

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