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  • Commentaries
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10th Circuit Case Commentaries

Probable Cause Affirmed through Certified Drug Dog Alerts in Tenth Circuit: United States v. Ludwig

Probable Cause Affirmed through Certified Drug Dog Alerts in Tenth Circuit: United States v. Ludwig

Date: Apr 23, 2011
Probable Cause Affirmed through Certified Drug Dog Alerts in Tenth Circuit: United States v. Ludwig Introduction In United States v. Sergei Paul Ludwig (641 F.3d 1243, 10th Cir. 2011), the United...
Understanding ERISA Preemption and Standing: Insights from Hansen v. Harper Excavating

Understanding ERISA Preemption and Standing: Insights from Hansen v. Harper Excavating

Date: Apr 14, 2011
Understanding ERISA Preemption and Standing: Insights from Hansen v. Harper Excavating Introduction The case of Jeffrey Hansen v. Harper Excavating, Inc. (641 F.3d 1216) decided by the United States...
Strict Interpretation of Embezzlement Under 18 U.S.C. §664 and Venue Requirements for False Statements Under §1001(a)(2): Insights from United States v. Paul L. Smith

Strict Interpretation of Embezzlement Under 18 U.S.C. §664 and Venue Requirements for False Statements Under §1001(a)(2): Insights from United States v. Paul L. Smith

Date: Apr 13, 2011
Strict Interpretation of Embezzlement Under 18 U.S.C. §664 and Venue Requirements for False Statements Under §1001(a)(2): Insights from United States v. Paul L. Smith Introduction United States v....
Affirmation of Reasonable Suspicion Standards in Investigatory Detentions Based on Third-Party Reports

Affirmation of Reasonable Suspicion Standards in Investigatory Detentions Based on Third-Party Reports

Date: Apr 5, 2011
Affirmation of Reasonable Suspicion Standards in Investigatory Detentions Based on Third-Party Reports Introduction The case of United States of America v. Kenneth Frank McHugh (639 F.3d 1250)...
Rule 68 Offers Do Not Moot Class Actions: Tenth Circuit Establishes Precedent

Rule 68 Offers Do Not Moot Class Actions: Tenth Circuit Establishes Precedent

Date: Apr 1, 2011
Rule 68 Offers Do Not Moot Class Actions: Tenth Circuit Establishes Precedent Introduction In the landmark case Richard Lucero v. Bureau of Collection Recovery, Inc., decided on March 31, 2011, the...
Strengthening Firearms Trafficking Convictions: Expert Testimony and Sentencing Enhancements in United States v. Erika Denise Garcia

Strengthening Firearms Trafficking Convictions: Expert Testimony and Sentencing Enhancements in United States v. Erika Denise Garcia

Date: Mar 29, 2011
Strengthening Firearms Trafficking Convictions: Expert Testimony and Sentencing Enhancements in United States v. Erika Denise Garcia Introduction The case of United States of America v. Erika Denise...
Affirming Limitations and the Forfeiture of Unraised Legal Theories in Civil Litigation: Insights from Richison v. Ernest Group, Inc.

Affirming Limitations and the Forfeiture of Unraised Legal Theories in Civil Litigation: Insights from Richison v. Ernest Group, Inc.

Date: Mar 15, 2011
Affirming Limitations and the Forfeiture of Unraised Legal Theories in Civil Litigation: Insights from Richison v. Ernest Group, Inc. Introduction In the case of David K. Richison v. Ernest Group,...
Application of the 'Three Strikes' Rule under the Prison Litigation Reform Act: Smith v. Veterans Administration

Application of the 'Three Strikes' Rule under the Prison Litigation Reform Act: Smith v. Veterans Administration

Date: Mar 2, 2011
Application of the 'Three Strikes' Rule under the Prison Litigation Reform Act: Smith v. Veterans Administration Introduction In Dana Lydell Smith v. Veterans Administration et al., the United States...
Establishing Personal Jurisdiction in Internet-Based Defamation: Insights from Shrader v. Biddinger

Establishing Personal Jurisdiction in Internet-Based Defamation: Insights from Shrader v. Biddinger

Date: Mar 1, 2011
Establishing Personal Jurisdiction in Internet-Based Defamation: Insights from Shrader v. Biddinger Introduction In the landmark case of Greg Shrader v. Al Biddinger et al. (633 F.3d 1235, 10th Cir....
Enhancement of Sentencing Based on Prior Convictions and Admission of Subsequent Arrests: Insights from United States v. Andre Davis

Enhancement of Sentencing Based on Prior Convictions and Admission of Subsequent Arrests: Insights from United States v. Andre Davis

Date: Feb 26, 2011
Enhancement of Sentencing Based on Prior Convictions and Admission of Subsequent Arrests: Insights from United States v. Andre Davis Introduction United States v. Andre Davis is a significant case...
Upholding Finality in Collateral Habeas Corpus: Tenth Circuit Rules Against Prost's Statutory Interpretation Challenge

Upholding Finality in Collateral Habeas Corpus: Tenth Circuit Rules Against Prost's Statutory Interpretation Challenge

Date: Feb 23, 2011
Upholding Finality in Collateral Habeas Corpus: Tenth Circuit Rules Against Prost's Statutory Interpretation Challenge Introduction In Keith Prost v. Carl Anderson, 636 F.3d 578 (10th Cir. 2011), the...
Limits on Delegation of Discretion and Clarity in Supervised Release Conditions: US v. Mike, 10th Cir. 2011

Limits on Delegation of Discretion and Clarity in Supervised Release Conditions: US v. Mike, 10th Cir. 2011

Date: Feb 18, 2011
Limits on Delegation of Discretion and Clarity in Supervised Release Conditions: US v. Mike, 632 F.3d 686 (10th Cir. 2011) Introduction The case of UNITED STATES of America v. Adrian Mike, 632 F.3d...
Presumption of Reasonableness in Sentencing Revocations Confirmed: The McBride v. United States Decision

Presumption of Reasonableness in Sentencing Revocations Confirmed: The McBride v. United States Decision

Date: Feb 15, 2011
Presumption of Reasonableness in Sentencing Revocations Confirmed: The McBride v. United States Decision Introduction The case of United States of America v. Osibisa McBride (633 F.3d 1229) addressed...
Clarification on Victim Impact Statements and Procedural Safeguards in Capital Sentencing: WELCH v. WORKMAN

Clarification on Victim Impact Statements and Procedural Safeguards in Capital Sentencing: WELCH v. WORKMAN

Date: Feb 11, 2011
Clarification on Victim Impact Statements and Procedural Safeguards in Capital Sentencing: WELCH v. WORKMAN Introduction WELCH v. WORKMAN is a pivotal case adjudicated by the United States Court of...
Establishing Vested Property Rights in Colorado Land Use Law: Insights from Jordan-Arapahoe v. Board of County Commissioners

Establishing Vested Property Rights in Colorado Land Use Law: Insights from Jordan-Arapahoe v. Board of County Commissioners

Date: Feb 9, 2011
Establishing Vested Property Rights in Colorado Land Use Law: Insights from Jordan-Arapahoe, LLP v. Board of County Commissioners of Arapahoe County Introduction The case of Jordan-Arapahoe, LLP and...
Clarifying 'Strikes' Under the Prison Litigation Reform Act: Shaaban Hafed v. Federal Bureau of Prisons

Clarifying 'Strikes' Under the Prison Litigation Reform Act: Shaaban Hafed v. Federal Bureau of Prisons

Date: Feb 5, 2011
Clarifying 'Strikes' Under the Prison Litigation Reform Act: Shaaban Hafed v. Federal Bureau of Prisons Introduction In Shaaban Shaaban Hafed v. Federal Bureau of Prisons et al., the United States...
Broker-Dealer Exemption Clarified under the Investment Advisers Act: THOMAS v. METROPOLITAN LIFE INSURANCE COMPANY

Broker-Dealer Exemption Clarified under the Investment Advisers Act: THOMAS v. METROPOLITAN LIFE INSURANCE COMPANY

Date: Feb 3, 2011
Broker-Dealer Exemption Clarified under the Investment Advisers Act: THOMAS v. METROPOLITAN LIFE INSURANCE COMPANY Introduction In Robert L. Thomas and Amanda Thomas, individually and on behalf of...
Elevated Scienter Pleading Standards for Auditors under PSLRA: Grant Thornton v. Dson

Elevated Scienter Pleading Standards for Auditors under PSLRA: Grant Thornton v. Dson

Date: Jan 21, 2011
Elevated Scienter Pleading Standards for Auditors under PSLRA: Grant Thornton v. Dson Introduction Grant Thornton v. Dson is a pivotal case decided by the United States Court of Appeals for the Tenth...
Yeley-Davis v. United States: Affirmation of Business Records under Confrontation Clause and Upholding Mandatory Life Sentences

Yeley-Davis v. United States: Affirmation of Business Records under Confrontation Clause and Upholding Mandatory Life Sentences

Date: Jan 21, 2011
Yeley-Davis v. United States: Affirmation of Business Records under Confrontation Clause and Upholding Mandatory Life Sentences Introduction The case United States of America v. Cynthia Lynn...
Enforceability of Appeal Waivers in Plea Agreements: Insights from United States v. Polly

Enforceability of Appeal Waivers in Plea Agreements: Insights from United States v. Polly

Date: Jan 19, 2011
Enforceability of Appeal Waivers in Plea Agreements: Insights from United States v. Polly Introduction United States v. Polly, 630 F.3d 991 (10th Cir. 2011), is a significant case that explores the...
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