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  • Commentaries
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10th Circuit Case Commentaries

10th Circuit Reinforces Standards for Supervisory Liability Under §1983 in Post-Conviction DNA Access Claims

10th Circuit Reinforces Standards for Supervisory Liability Under §1983 in Post-Conviction DNA Access Claims

Date: Jul 29, 2008
10th Circuit Reinforces Standards for Supervisory Liability Under §1983 in Post-Conviction DNA Access Claims Introduction In the landmark case of Da v. d Johns BRYSON, adjudicated by the United...
Tenth Circuit Affirms Caraway Conviction: Guidelines on Prior Inconsistent Statements and Impeachment under the Carter Doctrine

Tenth Circuit Affirms Caraway Conviction: Guidelines on Prior Inconsistent Statements and Impeachment under the Carter Doctrine

Date: Jul 29, 2008
Tenth Circuit Affirms Caraway Conviction: Guidelines on Prior Inconsistent Statements and Impeachment under the Carter Doctrine Introduction The case of UNITED STATES of America v. Thomas Guy Caraway...
Clarifying §524(a)(2) Protections: Tenth Circuit Reverses Sanctions in In re Rudy Leslie Paul Case

Clarifying §524(a)(2) Protections: Tenth Circuit Reverses Sanctions in In re Rudy Leslie Paul Case

Date: Jul 29, 2008
Clarifying §524(a)(2) Protections: Tenth Circuit Reverses Sanctions in In re Rudy Leslie Paul Case Introduction The case of In re Rudy Leslie Paul; Carol Christensen Paul, Debtors vs. Tammy Iglehart,...
Custom or Policy Requirement for Municipal Liability Under 42 U.S.C. § 1981: Insights from Carney v. City and County of Denver

Custom or Policy Requirement for Municipal Liability Under 42 U.S.C. § 1981: Insights from Carney v. City and County of Denver

Date: Jul 25, 2008
Custom or Policy Requirement for Municipal Liability Under 42 U.S.C. § 1981: Insights from Carney v. City and County of Denver Introduction Carney v. City and County of Denver (534 F.3d 1269, 10th...
Admissibility of Evidence in Drug Conspiracy Cases: Insights from United States v. Smith

Admissibility of Evidence in Drug Conspiracy Cases: Insights from United States v. Smith

Date: Jul 24, 2008
Admissibility of Evidence in Drug Conspiracy Cases: Insights from United States v. Smith Introduction The case of United States of America v. Tracy M. Smith, adjudicated in the United States Court of...
Reaffirming Prisoner Protections: Deliberate Indifference Under the Eighth Amendment in Howard v. Waide

Reaffirming Prisoner Protections: Deliberate Indifference Under the Eighth Amendment in Howard v. Waide

Date: Jul 24, 2008
Reaffirming Prisoner Protections: Deliberate Indifference Under the Eighth Amendment in Howard v. Waide Introduction Howard v. Waide, decided by the United States Court of Appeals for the Tenth...
Affirming the Discretionary Function Exception under the Federal Tort Claims Act: A Comprehensive Analysis of Garcias v. United States Air Force

Affirming the Discretionary Function Exception under the Federal Tort Claims Act: A Comprehensive Analysis of Garcias v. United States Air Force

Date: Jul 16, 2008
Affirming the Discretionary Function Exception under the Federal Tort Claims Act: A Comprehensive Analysis of Garcias v. United States Air Force Introduction The case of Dennis Dionicio Garcia as...
Clarifying Insider Status in Bankruptcy: Zeiss Meditec AG v. Anstine Establishes Standards for Non-Statutory Insider Classification

Clarifying Insider Status in Bankruptcy: Zeiss Meditec AG v. Anstine Establishes Standards for Non-Statutory Insider Classification

Date: Jul 16, 2008
Clarifying Insider Status in Bankruptcy: Zeiss Meditec AG v. Anstine Establishes Standards for Non-Statutory Insider Classification Introduction The case In re U.S. MEDICAL, INC., Debtor. Glen R....
Affirmation of Miranda Waiver Standards in Impaired Defendants: United States v. Burson

Affirmation of Miranda Waiver Standards in Impaired Defendants: United States v. Burson

Date: Jul 12, 2008
Affirmation of Miranda Waiver Standards in Impaired Defendants: United States v. Burson Introduction In the case of United States of America v. Chase Webb Burson, decided on July 11, 2008, the United...
Preserving Judicial Discretion in Handling Unauthorized Successive §2255 Motions: Analysis of In re Timothy Jay Cline

Preserving Judicial Discretion in Handling Unauthorized Successive §2255 Motions: Analysis of In re Timothy Jay Cline

Date: Jul 10, 2008
Preserving Judicial Discretion in Handling Unauthorized Successive §2255 Motions: Analysis of In re Timothy Jay Cline Introduction In re Timothy Jay Cline, 531 F.3d 1249 (10th Cir. 2008), is a...
Tenth Circuit Sets Precedent on Supersedeas Bond Liability and Prejudgment Interest in Contract Termination Cases

Tenth Circuit Sets Precedent on Supersedeas Bond Liability and Prejudgment Interest in Contract Termination Cases

Date: Jul 9, 2008
Tenth Circuit Sets Precedent on Supersedeas Bond Liability and Prejudgment Interest in Contract Termination Cases Introduction The case of Morrison Knudsen Corporation v. Ground Improvement...
Comprehensive Commentary on Brescia v. Astrue: Affirmation of Social Security Disability Denial

Comprehensive Commentary on Brescia v. Astrue: Affirmation of Social Security Disability Denial

Date: Jul 9, 2008
Affirmation of Social Security Disability Denial: A Detailed Analysis of Brescia v. Astrue Introduction The case of Lydia G. Brescia v. Michael J. Astrue, decided by the United States Court of...
Surefoot LC v. Sure Foot Corp.: Establishing Declaratory Judgment Jurisdiction Beyond 'Reasonable Apprehension of Suit'

Surefoot LC v. Sure Foot Corp.: Establishing Declaratory Judgment Jurisdiction Beyond 'Reasonable Apprehension of Suit'

Date: Jul 9, 2008
Surefoot LC v. Sure Foot Corp.: Establishing Declaratory Judgment Jurisdiction Beyond 'Reasonable Apprehension of Suit' Introduction The case of Surefoot LC v. Sure Foot Corporation (531 F.3d 1236),...
Affirmation of Career Offender Enhancements and Addressing Sentencing Disparities: United States v. Bobby Wayne Haley, Jr.

Affirmation of Career Offender Enhancements and Addressing Sentencing Disparities: United States v. Bobby Wayne Haley, Jr.

Date: Jun 26, 2008
Affirmation of Career Offender Enhancements and Addressing Sentencing Disparities: United States v. Bobby Wayne Haley, Jr. Introduction United States v. Bobby Wayne Haley, Jr. (529 F.3d 1308) is a...
Adequacy of Manufacturer Warnings in Products Liability: McPhail v. Deere Co.

Adequacy of Manufacturer Warnings in Products Liability: McPhail v. Deere Co.

Date: Jun 26, 2008
Adequacy of Manufacturer Warnings in Products Liability: McPhail v. Deere Co. Introduction The case of Barbara Jean McPhail, Personal Representative of the Estate of Willis Ray McPhail,...
United States v. Huckins: Downward Variance in Child Pornography Sentencing

United States v. Huckins: Downward Variance in Child Pornography Sentencing

Date: Jun 26, 2008
United States v. Huckins: Downward Variance in Child Pornography Sentencing Introduction United States v. Scott James Huckins is a pivotal case decided by the United States Court of Appeals for the...
Clarifying 'Regarded As' and Direct Threat Under the ADA: Tenth Circuit Reverses Summary Judgment in Crown Cork & Seal Co. v. Justice

Clarifying 'Regarded As' and Direct Threat Under the ADA: Tenth Circuit Reverses Summary Judgment in Crown Cork & Seal Co. v. Justice

Date: Jun 25, 2008
Clarifying 'Regarded As' and Direct Threat Under the ADA: Tenth Circuit Reverses Summary Judgment in Crown Cork & Seal Co. v. Justice Introduction In the landmark case of David M. Justice v. Crown...
Federal Preemption Under the Federal Railroad Safety Act: Insights from Henning v. Union Pacific Railroad Company

Federal Preemption Under the Federal Railroad Safety Act: Insights from Henning v. Union Pacific Railroad Company

Date: Jun 20, 2008
Federal Preemption Under the Federal Railroad Safety Act: Insights from Henning v. Union Pacific Railroad Company Introduction In Henning v. Union Pacific Railroad Company, the United States Court of...
Originality in Digital Modeling: Insights from Meshwerks v. Toyota

Originality in Digital Modeling: Insights from Meshwerks v. Toyota

Date: Jun 18, 2008
Originality in Digital Modeling: Insights from Meshwerks v. Toyota Introduction The case of Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc. addresses the pivotal issue of copyright protection for...
Affirmation of Independent Source Doctrine in Border Checkpoint Searches: United States v. Robert Nathaniel Forbes, Jr.

Affirmation of Independent Source Doctrine in Border Checkpoint Searches: United States v. Robert Nathaniel Forbes, Jr.

Date: Jun 18, 2008
Affirmation of Independent Source Doctrine in Border Checkpoint Searches: United States v. Robert Nathaniel Forbes, Jr. Introduction The case of United States of America v. Robert Nathaniel Forbes,...
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