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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Tenth Circuit Affirms Malicious Prosecution Claim Against Law Enforcement: Qualified Immunity Denied

Tenth Circuit Affirms Malicious Prosecution Claim Against Law Enforcement: Qualified Immunity Denied

Date: Jun 14, 2008
Tenth Circuit Affirms Malicious Prosecution Claim Against Law Enforcement: Qualified Immunity Denied Introduction The case of Shaun Wilkins and Roy Buchner v. Juan DeReyes, Frank Jacoby, and Michael...
Reaffirmation of the Rooker-Feldman Doctrine in Dismissing Federal Challenges to State Municipal Court Convictions: Erlandson v. Northglenn Municipal Court

Reaffirmation of the Rooker-Feldman Doctrine in Dismissing Federal Challenges to State Municipal Court Convictions: Erlandson v. Northglenn Municipal Court

Date: Jun 11, 2008
Reaffirmation of the Rooker-Feldman Doctrine in Dismissing Federal Challenges to State Municipal Court Convictions: Erlandson v. Northglenn Municipal Court Introduction Erlandson v. Northglenn...
Substantive Due Process and Municipal Discretion: Insights from Johnson v. LaVerkin City

Substantive Due Process and Municipal Discretion: Insights from Johnson v. LaVerkin City

Date: Jun 11, 2008
Substantive Due Process and Municipal Discretion: Insights from Johnson v. LaVerkin City Introduction Johnson v. LaVerkin City (528 F.3d 762, 10th Cir. 2008) is a landmark appellate decision that...
Defining the Limits of Wire Fraud in Fraud Schemes: Analysis of Redcorn and Frost v. United States

Defining the Limits of Wire Fraud in Fraud Schemes: Analysis of Redcorn and Frost v. United States

Date: Jun 10, 2008
Defining the Limits of Wire Fraud in Fraud Schemes: Analysis of Redcorn and Frost v. United States Introduction The case of United States of America v. Wakon Iron Redcorn, Jr., and Bradley N. Frost...
Interpreting 'Crime of Violence' Under U.S.S.G. §2L1.2: Recklessness Excluded

Interpreting 'Crime of Violence' Under U.S.S.G. §2L1.2: Recklessness Excluded

Date: Jun 4, 2008
Interpreting 'Crime of Violence' Under U.S.S.G. §2L1.2: Recklessness Excluded Introduction In the case of UNITED STATES of America, Plaintiff-Appellee, v. Monico ZUNIGA-SOTO, Defendant-Appellant (527...
Limitation of Garage Liability Insurance Coverage: Colony National Insurance Co. v. Midhat E. Omer

Limitation of Garage Liability Insurance Coverage: Colony National Insurance Co. v. Midhat E. Omer

Date: Jun 3, 2008
Limitation of Garage Liability Insurance Coverage: Colony National Insurance Co. v. Midhat E. Omer Introduction The case of Colony National Insurance Company v. Midhat E. Omer revolves around the...
Tenth Circuit Affirms Defendants' Parody Defense in UTLM Trademark Infringement and Cybersquatting Case

Tenth Circuit Affirms Defendants' Parody Defense in UTLM Trademark Infringement and Cybersquatting Case

Date: May 30, 2008
Tenth Circuit Affirms Defendants' Parody Defense in UTLM Trademark Infringement and Cybersquatting Case Introduction The case of Utah Lighthouse Ministry (UTLM) v. Foundation for Apologetic...
Affirmation of Summary Judgment in Northern Natural Gas Co. v. Nash Oil Gas, Inc.: Upholding Statute of Limitations in Conversion and Unjust Enrichment Claims

Affirmation of Summary Judgment in Northern Natural Gas Co. v. Nash Oil Gas, Inc.: Upholding Statute of Limitations in Conversion and Unjust Enrichment Claims

Date: May 20, 2008
Affirmation of Summary Judgment in Northern Natural Gas Co. v. Nash Oil Gas, Inc.: Upholding Statute of Limitations in Conversion and Unjust Enrichment Claims Introduction Northern Natural Gas...
Taped Conversations as Direct Evidence in Religious Discrimination Failure-to-Hire Claims: Fischer v. Forestwood Company

Taped Conversations as Direct Evidence in Religious Discrimination Failure-to-Hire Claims: Fischer v. Forestwood Company

Date: May 13, 2008
Taped Conversations as Direct Evidence in Religious Discrimination Failure-to-Hire Claims: Fischer v. Forestwood Company Introduction In the case of Shem Fischer v. Forestwood Company, Inc.,...
Trujillo v. PacifiCorp: Expanding the Scope of ADA Association Discrimination with Emphasis on Healthcare Costs and Temporal Proximity

Trujillo v. PacifiCorp: Expanding the Scope of ADA Association Discrimination with Emphasis on Healthcare Costs and Temporal Proximity

Date: May 8, 2008
Trujillo v. PacifiCorp: Expanding the Scope of ADA Association Discrimination with Emphasis on Healthcare Costs and Temporal Proximity Introduction In the landmark case of William and Debra Trujillo...
Revisiting the Constructive Entry Doctrine: Tenth Circuit in Reeves v. United States

Revisiting the Constructive Entry Doctrine: Tenth Circuit in Reeves v. United States

Date: May 8, 2008
Revisiting the Constructive Entry Doctrine: Tenth Circuit in Reeves v. United States Introduction In United States v. Douglas Alan Reeves, 524 F.3d 1161 (10th Cir. 2008), the United States Court of...
Independent 25% Attorney Fee Limits for Agency and Court Representation under 42 U.S.C. §406

Independent 25% Attorney Fee Limits for Agency and Court Representation under 42 U.S.C. §406

Date: May 8, 2008
Independent 25% Attorney Fee Limits for Agency and Court Representation under 42 U.S.C. §406 Introduction The case of Leola Wrenn, on behalf of Patricia Wrenn, deceased, v. Michael J. Astrue,...
Affirmation of Sentencing Discretion in Federal Drug Cases: United States v. Muñoz-Nava

Affirmation of Sentencing Discretion in Federal Drug Cases: United States v. Muñoz-Nava

Date: May 7, 2008
Affirmation of Sentencing Discretion in Federal Drug Cases: United States v. Muñoz-Nava Introduction United States of America v. Gonzalo Muñoz-Nava, 524 F.3d 1137 (10th Cir. 2008), presents a pivotal...
Strict Interpretation of Clearly Established Federal Law under AEDPA Limits Habeas Protection: Commentary on House v. Hatch

Strict Interpretation of Clearly Established Federal Law under AEDPA Limits Habeas Protection: Commentary on House v. Hatch

Date: May 7, 2008
Strict Interpretation of Clearly Established Federal Law under AEDPA Limits Habeas Protection: Commentary on House v. Hatch Introduction In the case of Gordon House v. Tim Hatch, the United States...
Qualified Immunity in Equal Protection and Fourth Amendment Claims: Price-Cornelison v. Brooks

Qualified Immunity in Equal Protection and Fourth Amendment Claims: Price-Cornelison v. Brooks

Date: May 3, 2008
Qualified Immunity in Equal Protection and Fourth Amendment Claims: Price-Cornelison v. Brooks Introduction In the landmark case of Dana L. Price-Cornelison v. Steve Brooks, adjudicated by the United...
10th Circuit Clarifies Standards for Strip Searches and Qualified Immunity

10th Circuit Clarifies Standards for Strip Searches and Qualified Immunity

Date: Apr 30, 2008
10th Circuit Clarifies Standards for Strip Searches and Qualified Immunity Introduction The case of Mercedes Archuleta v. Michelle Wagner (523 F.3d 1278, 10th Cir. 2008) addresses significant issues...
Defining Custodial Interrogation: Tenth Circuit's Guidance on Miranda Applicability in Police Encounters - United States v. Tamara Y. Jones

Defining Custodial Interrogation: Tenth Circuit's Guidance on Miranda Applicability in Police Encounters - United States v. Tamara Y. Jones

Date: Apr 24, 2008
Defining Custodial Interrogation: Tenth Circuit's Guidance on Miranda Applicability in Police Encounters - United States v. Tamara Y. Jones Introduction In United States v. Tamara Yvonne Jones, the...
Affirmation of Qualified Immunity in Excessive Force and First Amendment Violation Claims: York v. City of Las Cruces

Affirmation of Qualified Immunity in Excessive Force and First Amendment Violation Claims: York v. City of Las Cruces

Date: Apr 23, 2008
Affirmation of Qualified Immunity in Excessive Force and First Amendment Violation Claims: York v. City of Las Cruces Introduction In James York; Jodie York, Plaintiffs-Appellees, v. The City of Las...
Summary Judgment Affirmed in Age Discrimination and Retaliation Suit: Key Legal Standards Clarified in Hinds v. Sprint

Summary Judgment Affirmed in Age Discrimination and Retaliation Suit: Key Legal Standards Clarified in Hinds v. Sprint

Date: Apr 23, 2008
Summary Judgment Affirmed in Age Discrimination and Retaliation Suit: Key Legal Standards Clarified in Hinds v. Sprint Introduction The case of Albert Hinds v. Sprint/United Management Company and...
Clarifying Final Policymaker Authority and Qualified Immunity in Sexual Orientation Discrimination Claims: Milligan-Hitt v. Sheridan County School District

Clarifying Final Policymaker Authority and Qualified Immunity in Sexual Orientation Discrimination Claims: Milligan-Hitt v. Sheridan County School District

Date: Apr 23, 2008
Clarifying Final Policymaker Authority and Qualified Immunity in Sexual Orientation Discrimination Claims Introduction In the landmark case of Kathleen Milligan-Hitt and Kathryn R. Roberts v. Board...
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