10th Circuit Case Commentaries

Clarifying Fourth Amendment Protections in Unlawful Arrest and Excessive Force: Analysis of Mglej v. Gardner

Date: Sep 10, 2020

Clarifying Fourth Amendment Protections in Unlawful Arrest and Excessive Force: Analysis of Mglej v. Gardner Introduction The case of Matthew T. Mglej v. Raymond Gardner addresses critical issues...

Excessive Force in Taser Deployment: Insights from Morgan Emmett v. Shannon Armstrong

Date: Sep 2, 2020

Excessive Force in Taser Deployment: Insights from Morgan Emmett v. Shannon Armstrong Introduction The case of Morgan Emmett v. Shannon Armstrong adjudicated by the United States Court of Appeals for...

Private Student Loans Not Exempt Under Bankruptcy Code's Educational Benefit Obligation: Tenth Circuit Establishes New Precedent

Date: Sep 1, 2020

Private Student Loans Not Exempt Under Bankruptcy Code's Educational Benefit Obligation: Tenth Circuit Establishes New Precedent Introduction The case of In re: Byron Patterson McDaniel, Jr.; Laura...

Establishing Municipal Liability Without Individual Fault in §1983 Claims

Date: Aug 29, 2020

Establishing Municipal Liability Without Individual Fault in §1983 Claims Introduction In the case of Rosa Quintana and Cory Hickerson, Individually, and as Personal Representatives of the Estate of...

Judicial Review Limitations under the Congressional Review Act: Kansas Natural Resource Coalition v. U.S. Department of Interior

Date: Aug 25, 2020

Judicial Review Limitations under the Congressional Review Act Kansas Natural Resource Coalition v. United States Department of Interior United States Court of Appeals for the Tenth Circuit, 971 F.3d...

Osipova v. United States: Judicial Interpretation of 'Kidnap' and the Exclusion of Parental Kidnapping under 18 U.S.C. § 875(b)

Date: Aug 22, 2020

Osipova v. United States: Judicial Interpretation of 'Kidnap' and the Exclusion of Parental Kidnapping under 18 U.S.C. § 875(b) Introduction Osipova v. United States is a pivotal case adjudicated by...

Affirmed Application of Qualified Immunity in Excessive Force Case: Cox v. Wilson

Date: Aug 20, 2020

Affirmed Application of Qualified Immunity in Excessive Force Case: Cox v. Wilson Introduction In the landmark case of Cody William Cox v. Don Wilson, adjudicated by the United States Court of...

Establishing Guidelines for First Step Act Sentence Reductions: U.S. v. MANNIE and Maytubby

Date: Aug 19, 2020

Establishing Guidelines for First Step Act Sentence Reductions: U.S. v. MANNIE and Maytubby Introduction In the landmark case of United States of America v. Arthur Morris Mannie, Jr. and United...

Tenth Circuit Establishes Retaliation as Sex-Based Discrimination under Title IX in Doe v. Denver Public Schools

Date: Aug 18, 2020

Tenth Circuit Establishes Retaliation as Sex-Based Discrimination under Title IX in Doe v. Denver Public Schools Introduction In Jane Doe v. School District Number 1, Denver, Colorado, the United...

Establishing Personal Jurisdiction and Enforcing Foreign Arbitration Awards: Commentary on CIMSA v. GCC

Date: Aug 18, 2020

Establishing Personal Jurisdiction and Enforcing Foreign Arbitration Awards: Commentary on CIMSA v. GCC Decision Introduction The case of Compañía de Inversiones Mercantiles, S.A., Plaintiff -...

Clarifying "Crime of Violence" Under §924(c): A Comprehensive Analysis of United States v. Donovan Muskett

Date: Aug 15, 2020

Clarifying "Crime of Violence" Under §924(c): A Comprehensive Analysis of United States v. Donovan Muskett Introduction In United States of America v. Donovan Muskettt (970 F.3d 1233, 2020), the...

Full Disgorgement as Presumptive Sanction for Attorney Fee Disclosure Violations Under § 329(a) and Rule 2016(b): In re Stewart

Date: Aug 15, 2020

Full Disgorgement as Presumptive Sanction for Attorney Fee Disclosure Violations Under § 329(a) and Rule 2016(b): In re Stewart Introduction The case of In re: David A. Stewart; Terry P. Stewart,...

Affirmation of Exhaustion Requirements in EEO Discrimination Claims: Hickey v. Brennan

Date: Aug 15, 2020

Affirmation of Exhaustion Requirements in EEO Discrimination Claims: Hickey v. Brennan Introduction Hickey v. Brennan, decided by the United States Court of Appeals for the Tenth Circuit on August...

Craft Smith v. EC Design: Clarifying Compilation Copyright and Trade Dress Requirements in the Personal Organizer Industry

Date: Aug 12, 2020

Craft Smith v. EC Design: Clarifying Compilation Copyright and Trade Dress Requirements in the Personal Organizer Industry Introduction The case of Craft Smith, LLC v. EC Design, LLC, decided by the...

Tenth Circuit Upholds Jurisdictional Bar on Cancellation of Removal Appeals

Date: Aug 5, 2020

Tenth Circuit Upholds Jurisdictional Bar on Cancellation of Removal Appeals Introduction In the case of Reniery Adalberto Galeano-Romero v. William P. Barr, United States Attorney General (968 F.3d...

Application of Title VII's Damages Cap and Proper Apportionment of Damages in Retaliation Cases: Jensen v. West Jordan City

Date: Aug 5, 2020

Application of Title VII's Damages Cap and Proper Apportionment of Damages in Retaliation Cases: Jensen v. West Jordan City Introduction In the landmark case of Aaron Jensen v. West Jordan City, the...

Foxfield Villa Associates LLC v. Robben: Defining LLC Interests as Non-Securities under the Securities Exchange Act of 1934

Date: Aug 1, 2020

Foxfield Villa Associates LLC v. Robben: Defining LLC Interests as Non-Securities under the Securities Exchange Act of 1934 Introduction In the case of Foxfield Villa Associates, LLC; Richard A....

Qualified Immunity Affirmed for Officer in Split-Second Deadly Force Use

Date: Jul 31, 2020

Qualified Immunity Affirmed for Officer in Split-Second Deadly Force Use Introduction In the case of Estate of Joseph Valverde v. Justin Dodge, decided on July 30, 2020, by the United States Court of...

Timeliness of Appeals and Representation Standards Affirmed in Bunn v. Perdue

Date: Jul 29, 2020

Timeliness of Appeals and Representation Standards Affirmed in Bunn v. Perdue Introduction Bunn v. Perdue is a pivotal case addressing critical issues surrounding the timeliness of appeals and the...

Clarifying the Bounds of Qualified Immunity in Police Use of Deadly Force

Date: Jul 29, 2020

Clarifying the Bounds of Qualified Immunity in Police Use of Deadly Force Introduction The case of Reavis v. Frost delves into the contentious issue of police use of deadly force under the Fourth...