10th Circuit Case Commentaries

Expansion of Compensatory Damages in Fourth Amendment Violations: Train v. City of Albuquerque

Date: May 12, 2009

Expansion of Compensatory Damages in Fourth Amendment Violations: Train v. City of Albuquerque Introduction Train v. City of Albuquerque, 629 F. Supp. 2d 1243 (D. New Mexico, 2009), addresses pivotal...

M.D. Mark, Inc. v. Kerr-McGee Corporation: Establishing Precedents in Seismic Data Licensing and Misappropriation Post-Merger

Date: May 12, 2009

M.D. Mark, Inc. v. Kerr-McGee Corporation: Establishing Precedents in Seismic Data Licensing and Misappropriation Post-Merger Introduction The case of M.D. Mark, Inc.,...

Affirmation of Adequate Administrative Remedies in IDEA Litigation: Miller v. Albuquerque Public Schools

Date: May 12, 2009

Affirmation of Adequate Administrative Remedies in IDEA Litigation: Miller v. Albuquerque Public Schools Introduction The case of Leslie Miller, Plaintiff-Appellant/Cross-Appellee, and Jack Miller,...

Affirmation of §922(g)(1): Establishing Jurisdiction Through Interstate Firearm Travel

Date: Apr 30, 2009

Affirmation of §922(g)(1): Establishing Jurisdiction Through Interstate Firearm Travel Introduction United States of America v. Robbie S. Urbano, 563 F.3d 1150 (10th Cir. 2009), is a pivotal case...

Affirmation of Legitimate Hiring Practices: Turner v. PSCo Sets Standard for Pretext in Title VII Cases

Date: Apr 29, 2009

Affirmation of Legitimate Hiring Practices: Turner v. PSCo Sets Standard for Pretext in Title VII Cases Introduction In Susan K. Turner v. Public Service Company of Colorado (PSCo), the United States...

Restricting Offensive Collateral Estoppel in Fourth Amendment Warrantless Entry Claims

Date: Apr 29, 2009

Restricting Offensive Collateral Estoppel in Fourth Amendment Warrantless Entry Claims Introduction In the case of Rubel Roybal v. City of Albuquerque et al., the United States District Court for the...

Comprehensive Analysis of State of New Mexico v. Bureau of Land Management: Establishing Enhanced NEPA Compliance Standards

Date: Apr 29, 2009

Comprehensive Analysis of State of New Mexico v. Bureau of Land Management Introduction The case of State of New Mexico ex rel. Bill Richardson v. Bureau of Land Management (BLM) addressed critical...

Good Faith Exception Applied in Search Warrant Invalidity: U.S. v. Otero

Date: Apr 29, 2009

Good Faith Exception Applied in Search Warrant Invalidity: United States v. Otero Introduction United States of America v. Loretta Otero, 563 F.3d 1127 (10th Cir. 2009), is a pivotal case addressing...

Timeliness of Affirmative Defenses and Agent Authority: Insights from Creative Consumer Concepts v. Kreisler

Date: Apr 22, 2009

Timeliness of Affirmative Defenses and Agent Authority: Insights from Creative Consumer Concepts v. Kreisler Introduction Creative Consumer Concepts, Inc. v. Laura Kreisler, 563 F.3d 1070 (10th Cir....

Affirmation of Qualified Immunity in Custodial Death Due to Lack of Subjective Deliberate Indifference

Date: Apr 22, 2009

Affirmation of Qualified Immunity in Custodial Death Due to Lack of Subjective Deliberate Indifference Introduction In the case of Ginger Martinez, Individually and as Personal Representative of the...

Establishing Nexus: Probable Cause in Residence Searches Under the Tenth Circuit

Date: Apr 21, 2009

Establishing Nexus: Probable Cause in Residence Searches Under the Tenth Circuit Introduction The case of United States of America v. Michael L. Biglow (562 F.3d 1272, 2009) presents a pivotal moment...

Mootness of Judicial Conduct Challenges Following Amendment of Kansas Code

Date: Apr 18, 2009

Mootness of Judicial Conduct Challenges Following Amendment of Kansas Code Introduction The case of Kansas Judicial Review et al. v. Stout et al. addressed significant issues surrounding the...

Pinkerton v. Colorado Department of Transportation: Affirming Employer Defenses in Employment Discrimination Cases

Date: Apr 17, 2009

Pinkerton v. Colorado Department of Transportation: Affirming Employer Defenses in Employment Discrimination Cases Introduction In the landmark appellate case Betty J. Pinkerton v. Colorado...

Deliberate Indifference in Disability Discrimination: Barber v. Colorado Department of Revenue

Date: Apr 16, 2009

Deliberate Indifference in Disability Discrimination: Barber v. Colorado Department of Revenue Introduction Barber v. Colorado Department of Revenue is a significant case adjudicated by the United...

Material Differences and Trademark Infringement: Interpretation of the First Sale Doctrine in BELTRONICS USA, INC. v. MIDWEST INVENTORY DISTRIBUTION, LLC

Date: Apr 10, 2009

Material Differences and Trademark Infringement: Interpretation of the First Sale Doctrine in BELTRONICS USA, INC. v. MIDWEST INVENTORY DISTRIBUTION, LLC Introduction The case of BELTRONICS USA, INC....

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10th Circuit Case Commentaries

Expansion of Compensatory Damages in Fourth Amendment Violations: Train v. City of Albuquerque

M.D. Mark, Inc. v. Kerr-McGee Corporation: Establishing Precedents in Seismic Data Licensing and Misappropriation Post-Merger

Affirmation of Adequate Administrative Remedies in IDEA Litigation: Miller v. Albuquerque Public Schools

Affirmation of §922(g)(1): Establishing Jurisdiction Through Interstate Firearm Travel

Affirmation of Legitimate Hiring Practices: Turner v. PSCo Sets Standard for Pretext in Title VII Cases

Restricting Offensive Collateral Estoppel in Fourth Amendment Warrantless Entry Claims

Comprehensive Analysis of State of New Mexico v. Bureau of Land Management: Establishing Enhanced NEPA Compliance Standards

Good Faith Exception Applied in Search Warrant Invalidity: U.S. v. Otero

Timeliness of Affirmative Defenses and Agent Authority: Insights from Creative Consumer Concepts v. Kreisler

Affirmation of Qualified Immunity in Custodial Death Due to Lack of Subjective Deliberate Indifference

Establishing Nexus: Probable Cause in Residence Searches Under the Tenth Circuit

Mootness of Judicial Conduct Challenges Following Amendment of Kansas Code

Pinkerton v. Colorado Department of Transportation: Affirming Employer Defenses in Employment Discrimination Cases

Deliberate Indifference in Disability Discrimination: Barber v. Colorado Department of Revenue

Material Differences and Trademark Infringement: Interpretation of the First Sale Doctrine in BELTRONICS USA, INC. v. MIDWEST INVENTORY DISTRIBUTION, LLC

Proper Consideration of Treating Physicians’ Opinions in Disability Claims: Andersen v. Astrue

CRAWFORD v. WASHINGTON Not Extending to Suppression Hearings: Analysis of U.S. v. Garcia

Inmate Accident Compensation Act Does Not Bar Bivens Claims Against Individual Federal Officials: Smith v. United States

Affirmation of Wire Fraud Conviction and Reversal of Money Laundering Conviction in Caldwell v. United States

Establishing the Precedence of Prosecutorial Misconduct and Brady Violations in Capital Habeas Corpus Proceedings