10th Circuit Case Commentaries

Equitable Tolling and Language Barriers in Federal Habeas Corpus Petitions: Analysis of Ste v. YANG

Date: Apr 23, 2008

Equitable Tolling and Language Barriers in Federal Habeas Corpus Petitions: Analysis of Ste v. YANG Introduction The case of Steve Yang v. Lou Archuleta addresses the critical issue of whether...

Discretionary Function Exception Upholds Sovereign Immunity in Federal Employment Termination Cases

Date: Apr 23, 2008

Discretionary Function Exception Upholds Sovereign Immunity in Federal Employment Termination Cases Introduction In the case of Brian Sydnes and Tom LaBrecque v. United States of America (523 F.3d...

Comprehensive Commentary on Stokes v. Astrue: Evaluating Disability Claims under the Social Security Act

Date: Apr 19, 2008

Comprehensive Commentary on Stokes v. Astrue: Evaluating Disability Claims under the Social Security Act Introduction The case of Mary D. Stokes v. Michael J. Astrue, Commissioner, Social Security...

Qualified Immunity and Supervisory Liability in Fogarty v. Gallegos: A Comprehensive Analysis

Date: Apr 19, 2008

Qualified Immunity and Supervisory Liability in Fogarty v. Gallegos: A Comprehensive Analysis Introduction The case of John D. Fogarty v. Gilbert Gallegos et al. (523 F.3d 1147) presents significant...

Sydney v. ConMed Electrical Surgery: Upholding Summary Judgment in Title VII Race Discrimination Claim

Date: Apr 19, 2008

Sydney v. ConMed Electrical Surgery: Upholding Summary Judgment in Title VII Race Discrimination Claim Introduction In the case of Donald A. Sydney v. ConMed Electrical Surgery, the United States...

Equitable Tolling in Federal Prison Litigation: Insights from United States v. Frank Gabaldon

Date: Apr 17, 2008

Equitable Tolling in Federal Prison Litigation: Insights from United States v. Frank Gabaldon 1. Introduction The case of United States of America v. Frank Gabaldon, adjudicated by the United States...

Obligation to Supplement Evidence in Disability Claims: Maes v. Astrue

Date: Apr 15, 2008

Obligation to Supplement Evidence in Disability Claims: Maes v. Astrue Introduction In Martha A. Maes v. Michael J. Astrue, Commissioner, Social Security Administration, 522 F.3d 1093 (10th Cir....

SLUSA Preemption in State Law Securities Class Actions: Insights from Anderson et al. v. Merrill Lynch

Date: Apr 8, 2008

SLUSA Preemption in State Law Securities Class Actions: Insights from Anderson et al. v. Merrill Lynch Introduction The case of Anderson et al. v. Merrill Lynch, Pierce, Fenner Smith, Inc. (No....

Establishing Article III Standing in Civil Forfeiture: Insights from United States v. $148,840.00 in U.S. Currency

Date: Apr 5, 2008

Establishing Article III Standing in Civil Forfeiture: Insights from United States v. $148,840.00 in U.S. Currency Introduction The case of United States of America v. $148,840.00 in United States...

Affirmation of Absolute Immunity for Disciplinary Officials in Stein v. Disciplinary Board

Date: Apr 2, 2008

Affirmation of Absolute Immunity for Disciplinary Officials in Stein v. Disciplinary Board Introduction Stuart L. Stein and The Stein Law Firm (collectively referred to as the Plaintiffs-Appellants)...

Establishing the Scope of Statute of Limitations for Hostile Work Environment Claims under Title VII and §1981: Insights from Ranee Tademy v. Union Pacific Corporation

Date: Apr 2, 2008

Establishing the Scope of Statute of Limitations for Hostile Work Environment Claims under Title VII and §1981: Insights from Ranee Tademy v. Union Pacific Corporation Introduction The case of Ranee...

Reversing Summary Judgment: Liability for Hostile Work Environment under Title VII and 42 U.S.C. §1981 in Tademy v. Union Pacific

Date: Apr 2, 2008

Reversing Summary Judgment: Liability for Hostile Work Environment under Title VII and 42 U.S.C. §1981 in Tademy v. Union Pacific Introduction Tademy v. Union Pacific, 614 F.3d 1132 (10th Cir. 2008),...

Concurrent Sentencing and Habeas Corpus: United States v. Eccleston

Date: Apr 1, 2008

Concurrent Sentencing and Habeas Corpus: United States v. Eccleston Introduction United States of America v. Sebastian L. Eccleston, 521 F.3d 1249 (10th Cir. 2008), serves as a pivotal case in the...

Tenth Circuit Clarifies Eleventh Amendment Immunity and Prospective Injunctive Relief in SOTMP Termination Case

Date: Mar 29, 2008

Tenth Circuit Clarifies Eleventh Amendment Immunity and Prospective Injunctive Relief in SOTMP Termination Case Introduction The case of Dale Allen Hunt v. Colorado Department of Corrections reached...

Jurisdictional Clarity in Federal Habeas Corpus Proceedings: The Yellowbear Decision

Date: Mar 22, 2008

Jurisdictional Clarity in Federal Habeas Corpus Proceedings: The Yellowbear Decision Introduction The case of Andrew John Yellowbear, Jr. v. Wyoming Attorney General presents a pivotal moment in the...

Robbins v. Oklahoma Department of Human Services: Reinforcing the Standards for Qualified Immunity in §1983 Claims

Date: Mar 22, 2008

Robbins v. Oklahoma Department of Human Services: Reinforcing the Standards for Qualified Immunity in §1983 Claims Introduction The case of Robbins v. Oklahoma Department of Human Services presents a...

Defining the Boundaries: Substantive Due Process and §1983 Claims in Government Officials’ Assault — Tenth Circuit Sets Precedent

Date: Mar 19, 2008

Defining the Boundaries: Substantive Due Process and §1983 Claims in Government Officials’ Assault — Tenth Circuit Sets Precedent Introduction The Tenth Circuit Court of Appeals, in the case of Reed...

Sanctions for Unreasonable Multiplication of Proceedings Under 28 U.S.C. § 1927

Date: Mar 18, 2008

Sanctions for Unreasonable Multiplication of Proceedings Under 28 U.S.C. § 1927 Introduction The case of Kameisha Hamilton et al. v. Boise Cascade Express et al. (519 F.3d 1197, 10th Cir. 2008)...

Habecker v. Town of Estes Park: Establishing Limits on Standing in First Amendment Challenges

Date: Mar 15, 2008

Habecker v. Town of Estes Park: Establishing Limits on Standing in First Amendment Challenges Introduction Habecker v. d HABECKER, Plaintiff-Appellant, (518 F.3d 1217) is a pivotal decision by the...

Navigating First Amendment Challenges to Judicial Conduct: Insights from the Tenth Circuit's Decision in Kansas Judicial Review

Date: Mar 13, 2008

Navigating First Amendment Challenges to Judicial Conduct: Insights from the Tenth Circuit's Decision in Kansas Judicial Review Introduction The case of Kansas Judicial Review, The Honorable Charles...

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