10th Circuit Case Commentaries

Park City Municipal Corporation v. Christensen: Establishing Precedent on First Amendment Protections for Street Artists

Date: Feb 7, 2009

Park City Municipal Corporation v. Christensen: Establishing Precedent on First Amendment Protections for Street Artists Introduction In Shaun L. Christensen v. Park City Municipal Corporation, the...

Tenth Circuit Clarifies Standards for Interlocutory Appeals of Class Certification under Rule 23(f)

Date: Feb 5, 2009

Tenth Circuit Clarifies Standards for Interlocutory Appeals of Class Certification under Rule 23(f) Introduction In Vallario v. Hampton (554 F.3d 1259, 10th Cir. 2009), the United States Court of...

Statute of Limitations for Bivens Actions Initiated Upon Judicial Determination of Probable Cause

Date: Feb 4, 2009

Statute of Limitations for Bivens Actions Initiated Upon Judicial Determination of Probable Cause Introduction The case of Adam Fletcher Young v. Joel Davis, Agent/FBI and/or DEA; Randall R. Rieger,...

Affirmation of Summary Judgment in Alpine Bank v. Hubbell: Establishing Limits on Bank Liability in Construction Loans

Date: Jan 31, 2009

Affirmation of Summary Judgment in Alpine Bank v. Hubbell: Establishing Limits on Bank Liability in Construction Loans Introduction The case of Alpine Bank, a Colorado banking corporation,...

Reversal of Summary Judgment in Federal Tort Claims Act Medical Malpractice Case: Gillum v. United States

Date: Jan 31, 2009

Reversal of Summary Judgment in Federal Tort Claims Act Medical Malpractice Case: Gillum v. United States Introduction In the case of Kathleen Gillum, Surviving Spouse and Executor of the Estate of...

Reaffirming the Necessity of Lesser-Included Offense Instructions in Capital Cases: Taylor v. Workman

Date: Jan 31, 2009

Reaffirming the Necessity of Lesser-Included Offense Instructions in Capital Cases: Taylor v. Workman Introduction In the landmark case Charles Taylor v. Randall G. Workman, the United States Court...

Enforcement of the Merger Doctrine: Tenth Circuit Upholds Dismissal Without Prejudice for Lack of Prosecution in AdvantEdge Business Group v. Mestmaker

Date: Jan 23, 2009

Enforcement of the Merger Doctrine: Tenth Circuit Upholds Dismissal Without Prejudice for Lack of Prosecution in AdvantEdge Business Group v. Mestmaker Introduction In the case of AdvantEdge Business...

Balancing Reasonableness and Equitable Relief in Advancement of Legal Fees: The Westar Energy v. Douglas T. Lake Decision

Date: Jan 22, 2009

Balancing Reasonableness and Equitable Relief in Advancement of Legal Fees: The Westar Energy v. Douglas T. Lake Decision Introduction The case of Westar Energy, Inc. v. Douglas T. Lake, decided by...

Enhanced Standards for Mandatory Preliminary Injunctions in Real Property Disputes: RoDa Drilling Co. v. Siegal

Date: Jan 21, 2009

Enhanced Standards for Mandatory Preliminary Injunctions in Real Property Disputes: RoDa Drilling Co. v. Siegal Introduction The case of RodA Drilling Company; Roda, LLC; Roland Arnall; Dawn Arnall;...

Affirmation of Summary Judgment in Title VII Retaliation Claim: Sunderman v. Westar Energy

Date: Jan 15, 2009

Affirmation of Summary Judgment in Title VII Retaliation Claim: Sunderman v. Westar Energy Introduction The case of Derek Sunderman v. Westar Energy, Inc. presents a significant examination of...

WHITINGTON v. ORTIZ: Establishing Eighth Amendment Protections Against Denial of Inmate Hygiene Items

Date: Jan 14, 2009

WHITINGTON v. ORTIZ: Establishing Eighth Amendment Protections Against Denial of Inmate Hygiene Items Introduction In the landmark case of Michael Whitington v. Joe Ortiz, decided by the United...

Expanding the Younger Doctrine: Tenth Circuit Distinguishes Coercive vs. Remedial Proceedings in Medicaid §1983 Action

Date: Jan 14, 2009

Expanding the Younger Doctrine: Tenth Circuit Distinguishes Coercive vs. Remedial Proceedings in Medicaid §1983 Action Introduction The case of Dena K. Brown v. Robert M. Day represents a significant...

Establishing Reasonable Suspicion and Public Safety Exceptions in Law Enforcement: United States v. DeJear

Date: Jan 10, 2009

Establishing Reasonable Suspicion and Public Safety Exceptions in Law Enforcement: United States v. DeJear Introduction In the case United States v. Jason A. DeJear, 552 F.3d 1196 (10th Cir. 2009),...

Establishing the Intrinsic Nature of Conspiracies Under Rule 404(b): United States v. Parker

Date: Jan 10, 2009

Establishing the Intrinsic Nature of Conspiracies Under Rule 404(b): United States v. Parker Introduction In United States v. Parker (553 F.3d 1309, 10th Cir. 2009), the United States Court of...

Qualified Immunity Upheld in Public Employer's Termination of Employee for Unauthorized Disclosure of Investigation Details

Date: Jan 9, 2009

Qualified Immunity Upheld in Public Employer's Termination of Employee for Unauthorized Disclosure of Investigation Details Introduction In Rajeanna Dixon v. Cathy Kirkpatrick, the United States...

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10th Circuit Case Commentaries

Park City Municipal Corporation v. Christensen: Establishing Precedent on First Amendment Protections for Street Artists

Tenth Circuit Clarifies Standards for Interlocutory Appeals of Class Certification under Rule 23(f)

Statute of Limitations for Bivens Actions Initiated Upon Judicial Determination of Probable Cause

Affirmation of Summary Judgment in Alpine Bank v. Hubbell: Establishing Limits on Bank Liability in Construction Loans

Reversal of Summary Judgment in Federal Tort Claims Act Medical Malpractice Case: Gillum v. United States

Reaffirming the Necessity of Lesser-Included Offense Instructions in Capital Cases: Taylor v. Workman

Enforcement of the Merger Doctrine: Tenth Circuit Upholds Dismissal Without Prejudice for Lack of Prosecution in AdvantEdge Business Group v. Mestmaker

Balancing Reasonableness and Equitable Relief in Advancement of Legal Fees: The Westar Energy v. Douglas T. Lake Decision

Enhanced Standards for Mandatory Preliminary Injunctions in Real Property Disputes: RoDa Drilling Co. v. Siegal

Affirmation of Summary Judgment in Title VII Retaliation Claim: Sunderman v. Westar Energy

WHITINGTON v. ORTIZ: Establishing Eighth Amendment Protections Against Denial of Inmate Hygiene Items

Expanding the Younger Doctrine: Tenth Circuit Distinguishes Coercive vs. Remedial Proceedings in Medicaid §1983 Action

Establishing Reasonable Suspicion and Public Safety Exceptions in Law Enforcement: United States v. DeJear

Establishing the Intrinsic Nature of Conspiracies Under Rule 404(b): United States v. Parker

Qualified Immunity Upheld in Public Employer's Termination of Employee for Unauthorized Disclosure of Investigation Details

Clarifying AKE v. OKLAHOMA: Tenth Circuit Upholds Counsel's Discretion in Requesting Psychiatric Experts

Affirmation of SSDI Denial in Cowan v. Astrue: Standards for Mental Impairment Evaluation

10th Circuit Establishes Strict Sanctions and Filing Limitations for Frivolous Tax Protester Appeals

Tenth Circuit Rules Oklahoma's Ban on Non-Resident Petition Circulators Violates First Amendment

United States v. Hinckley: Tenth Circuit Affirms SORNA's Comprehensive Application to Sex Offenders