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  • Commentaries
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10th Circuit Case Commentaries

Establishing Supervisor Liability under Section 1983: Gonzales Case Analysis

Establishing Supervisor Liability under Section 1983: Gonzales Case Analysis

Date: Dec 10, 2008
Establishing Supervisor Liability under Section 1983: Gonzales Case Analysis Introduction In the landmark case of Lynn BUCK; Alma Rosa Silva-Banuelos; Denis Doyon; Lucy Gilster (by her next friend,...
Rhodes v. United States: Limits on Sentence Modification Under Amended Guidelines

Rhodes v. United States: Limits on Sentence Modification Under Amended Guidelines

Date: Dec 6, 2008
Rhodes v. United States: Limits on Sentence Modification Under Amended Guidelines Introduction In United States of America v. Theomas Rhodes, 549 F.3d 833 (10th Cir. 2008), the United States Court of...
Clarifying Causation in Accidental Death and Dismemberment Claims under ERISA: Kellogg v. MetLife

Clarifying Causation in Accidental Death and Dismemberment Claims under ERISA: Kellogg v. MetLife

Date: Dec 5, 2008
Clarifying Causation in Accidental Death and Dismemberment Claims under ERISA: Kellogg v. MetLife Introduction In the landmark case of Cherilyn Kellogg v. Metropolitan Life Insurance Co., the United...
Protected First Amendment Speech by Public Employees Beyond Official Duties: The Ira Thomas v. City of Blanchard Decision

Protected First Amendment Speech by Public Employees Beyond Official Duties: The Ira Thomas v. City of Blanchard Decision

Date: Dec 4, 2008
Protected First Amendment Speech by Public Employees Beyond Official Duties: The Ira Thomas v. City of Blanchard Decision Introduction In the landmark case of Ira Thomas v. City of Blanchard, the...
Affirmation of Defendants in FCA Suit: Government Knowledge Inference and Qualified Immunity

Affirmation of Defendants in FCA Suit: Government Knowledge Inference and Qualified Immunity

Date: Nov 29, 2008
Affirmation of Defendants in FCA Suit: Government Knowledge Inference and Qualified Immunity Introduction The case of United States ex rel. Edward J. Burlbaw and Donald D. Bustamante v. J. Michael...
Affirmation of Tribal Sovereign Immunity in Commercial Enterprises: NATIVE AMERICAN DISTRIBUTING v. SENECA-CAYUGA Tobacco Company

Affirmation of Tribal Sovereign Immunity in Commercial Enterprises: NATIVE AMERICAN DISTRIBUTING v. SENECA-CAYUGA Tobacco Company

Date: Nov 18, 2008
Affirmation of Tribal Sovereign Immunity in Commercial Enterprises Introduction Native American Distributing, a division of Flat Creek Cattle Co., Inc., a Missouri corporation; John Dilliner, an...
Enhancing Sentencing in Alien Smuggling Cases: Insights from Alapizco-Valenzuela v. United States

Enhancing Sentencing in Alien Smuggling Cases: Insights from Alapizco-Valenzuela v. United States

Date: Nov 13, 2008
Enhancing Sentencing in Alien Smuggling Cases: Insights from Alapizco-Valenzuela v. United States Introduction The case of UNITED STATES of America v. Ramiro Alapizco-Valenzuela (546 F.3d 1208)...
Waiver of Appellate Review for Pro Se Litigants in §1983 Eighth Amendment Claims

Waiver of Appellate Review for Pro Se Litigants in §1983 Eighth Amendment Claims

Date: Nov 5, 2008
Waiver of Appellate Review for Pro Se Litigants in §1983 Eighth Amendment Claims Introduction The case of Jessie D. Duffield v. Michael Jackson, M.D., et al. revolves around Mr. Duffield's...
Requirement of Certificate of Appealability for Successive §2255 Motions Established in United States v. Harper

Requirement of Certificate of Appealability for Successive §2255 Motions Established in United States v. Harper

Date: Nov 1, 2008
Requirement of Certificate of Appealability for Successive §2255 Motions Established in United States v. Harper Introduction In the landmark case of United States v. Harper, 545 F.3d 1230 (10th Cir....
Affirming the Use of Wiretaps and Guideline-Based Sentencing in Conspiracy Cases: Comprehensive Review of United States v. Zapata et al.

Affirming the Use of Wiretaps and Guideline-Based Sentencing in Conspiracy Cases: Comprehensive Review of United States v. Zapata et al.

Date: Nov 1, 2008
Affirming the Use of Wiretaps and Guideline-Based Sentencing in Conspiracy Cases: Comprehensive Review of United States v. Zapata et al. Introduction United States of America v. Arnoldo Zapata et...
Application of Certificate of Appealability Standards under AEDPA in Mar v. Brown

Application of Certificate of Appealability Standards under AEDPA in Mar v. Brown

Date: Oct 31, 2008
Application of Certificate of Appealability Standards under AEDPA in Mar v. Brown Introduction Marvin BROWN v. Robert ULIBARRI, Warden, 298 F. App'x 746 (10th Cir. 2008), addresses the procedural...
Martinez-Barragan v. United States: Affirmation of Illegal Reentry Sentencing

Martinez-Barragan v. United States: Affirmation of Illegal Reentry Sentencing

Date: Oct 22, 2008
Martinez-Barragan v. United States: Affirmation of Illegal Reentry Sentencing Introduction United States of America v. José Martinez-Barragan is a pivotal case adjudicated by the United States Court...
Reversing Qualified Immunity in Excessive Force Claims: Implications for Positional Restraint Practices

Reversing Qualified Immunity in Excessive Force Claims: Implications for Positional Restraint Practices

Date: Oct 22, 2008
Reversing Qualified Immunity in Excessive Force Claims: Implications for Positional Restraint Practices Introduction The case of Glenn Weigel and Da v. d Weigel (544 F.3d 1143) presents a pivotal...
Reinforcement of Strickland Standards in Habeas Corpus: Boyle v. Da

Reinforcement of Strickland Standards in Habeas Corpus: Boyle v. Da

Date: Oct 17, 2008
Reinforcement of Strickland Standards in Habeas Corpus: Boyle v. Da (10th Cir., 2008) Introduction The case of Mark T. Boyle v. Da (544 F.3d 1132) presents a significant examination of the standards...
Establishing Pretext in Age and Sex Discrimination Claims: Analysis of Sanders v. Southwestern Bell Telephone

Establishing Pretext in Age and Sex Discrimination Claims: Analysis of Sanders v. Southwestern Bell Telephone

Date: Oct 16, 2008
Establishing Pretext in Age and Sex Discrimination Claims: Analysis of Sanders v. Southwestern Bell Telephone Introduction The case of Jamie K. Sanders, Denise J. Coffey, and Karie H. Brooks versus...
Impact of § 3582(c) on Sentence Reductions: Analysis of United States v. Gerald Lamont Olden

Impact of § 3582(c) on Sentence Reductions: Analysis of United States v. Gerald Lamont Olden

Date: Oct 16, 2008
Impact of § 3582(c) on Sentence Reductions: Analysis of United States v. Gerald Lamont Olden Introduction United States v. Gerald Lamont Olden is a significant appellate decision issued by the United...
Expansion of False Certification Under the False Claims Act: Conner v. Salina Regional Health Center

Expansion of False Certification Under the False Claims Act: Conner v. Salina Regional Health Center

Date: Oct 3, 2008
Expansion of False Certification Under the False Claims Act: Conner v. Salina Regional Health Center Introduction In Conner v. Salina Regional Health Center, Inc., the United States Court of Appeals...
Title VII Retaliation Protections Extended to Defense Attorneys Participating in EEOC Proceedings

Title VII Retaliation Protections Extended to Defense Attorneys Participating in EEOC Proceedings

Date: Sep 18, 2008
Title VII Retaliation Protections Extended to Defense Attorneys Participating in EEOC Proceedings Introduction In the landmark case Judy K. Kelley v. City of Albuquerque, decided by the United States...
Substantial Compliance in Service of Process Under Oklahoma Law: Tenth Circuit Reverses Default Judgment in HUKILL v. Spirits of Hope

Substantial Compliance in Service of Process Under Oklahoma Law: Tenth Circuit Reverses Default Judgment in HUKILL v. Spirits of Hope

Date: Sep 18, 2008
Substantial Compliance in Service of Process Under Oklahoma Law: Tenth Circuit Reverses Default Judgment in HUKILL v. Spirits of Hope Introduction The case of Sheree L. HUKILL, Plaintiff-Appellee, v....
Qualified Immunity Affirmed in Public Employment Termination: Hesse v. Town of Jackson

Qualified Immunity Affirmed in Public Employment Termination: Hesse v. Town of Jackson

Date: Sep 16, 2008
Qualified Immunity Affirmed in Public Employment Termination: Hesse v. Town of Jackson Introduction Daniel M. Hesse, the plaintiff, served as the town attorney for Jackson, Wyoming, from 1995 to 2005...
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