10th Circuit Case Commentaries

Claim Preclusion and Rule 60(b) Relief in Civil Rights Litigation: Insights from Johnson v. Spencer

Date: Feb 14, 2020

Claim Preclusion and Rule 60(b) Relief in Civil Rights Litigation: Insights from Johnson v. Spencer 1. Introduction Johnson v. Spencer is a pivotal judgment from the United States Court of Appeals...

Affirmation of Eighth Amendment Protections Against Sexual Abuse in Corrections Facilities

Date: Feb 11, 2020

Affirmation of Eighth Amendment Protections Against Sexual Abuse in Corrections Facilities Introduction In the landmark case of Susan Ullery v. Bruce Bradley (949 F.3d 1282, 10th Cir., 2020), the...

Affirmation of Summary Judgment in FCA Suit Against Lawrence Memorial Hospital Highlights Strict Materiality Standard

Date: Feb 8, 2020

Affirmation of Summary Judgment in FCA Suit Against Lawrence Memorial Hospital Highlights Strict Materiality Standard Introduction In the case of United States of America, ex rel. Stacey L. Janssen...

Affirming Reasonable Workplace Safety Standards Under FELA: BNSF Railway Company v. Ezell

Date: Feb 6, 2020

Affirming Reasonable Workplace Safety Standards Under FELA: BNSF Railway Company v. Ezell Introduction In the case of George M. Ezell v. BNSF Railway Company, decided by the United States Court of...

Integral and Indispensable Work Time under FLSA: Insights from Marisela Aguilar et al. v. Management & Training Corporation

Date: Feb 5, 2020

Integral and Indispensable Work Time under FLSA: Insights from Marisela Aguilar et al. v. Management & Training Corporation Introduction In Marisela Aguilar; Miguel Blanco; Francisco J. Carranza; et...

Interpreting 'Extension' under the Clean Air Act: Tenth Circuit Establishes Precedence in EPA's Small Refinery Exemption Power

Date: Jan 25, 2020

Interpreting 'Extension' under the Clean Air Act: Tenth Circuit Establishes Precedence in EPA's Small Refinery Exemption Power Introduction The case of Renewable Fuels Association et al. v....

Enhancing Prudential Standing in Federal Jurisdiction: Insights from Hill v. Warsewa et al.

Date: Jan 24, 2020

Enhancing Prudential Standing in Federal Jurisdiction: Insights from Hill v. Warsewa et al. Introduction In the landmark case Roger Hill v. Mark Everett Warsewa; Linda Joseph; The State of Colorado,...

Donahue v. Wihongi: Upholding Fourth Amendment Standards in Public Intoxication Arrests

Date: Jan 18, 2020

Donahue v. Wihongi: Upholding Fourth Amendment Standards in Public Intoxication Arrests Introduction The case of Kevin Leo Donahue versus Officer Shaun Wihongi, Salt Lake City Police Department...

Reaffirming Jurisdictional Authority in Cancellation of Removal Amid Prolonged Proceedings: Martinez-Perez v. Barr

Date: Jan 18, 2020

Reaffirming Jurisdictional Authority in Cancellation of Removal Amid Prolonged Proceedings: Martinez-Perez v. Barr Introduction The case of Alonso Martinez-Perez v. William Barr, adjudicated by the...

Interstate Detainers and Due Process: Insights from Maurer v. Idaho Department of Corrections

Date: Jan 16, 2020

Interstate Detainers and Due Process: Insights from Maurer v. Idaho Department of Corrections Introduction In the case of Steven Brent Maurer v. Idaho Department of Corrections, decided by the United...

Establishing Strict Qualifications for Qualified Immunity in Eighth Amendment Claims: Walker v. Mohiuddin

Date: Jan 15, 2020

Establishing Strict Qualifications for Qualified Immunity in Eighth Amendment Claims: Walker v. Mohiuddin Introduction Walker v. Mohiuddin is a pivotal case adjudicated by the United States Court of...

No Redemption Rights under Federal Tax Liens: Arlin Geophysical Co. v. United States

Date: Jan 15, 2020

No Redemption Rights under Federal Tax Liens: Arlin Geophysical Co. v. United States Introduction In the case of Arlin Geophysical Company; Laura Olson v. United States of America, adjudicated by the...

Insufficient Personal Jurisdiction in Isolated Out-of-State Transactions: Dental Dynamics LLC v. Jolly Dental Group LLC

Date: Jan 10, 2020

Insufficient Personal Jurisdiction in Isolated Out-of-State Transactions: Dental Dynamics LLC v. Jolly Dental Group LLC Introduction Dental Dynamics, LLC v. Jolly Dental Group, LLC is a pivotal case...

Comprehensive Legal Commentary on UNITED STATES OF AMERICA v. JASON DAVON GARCIA (946 F.3d 1191)

Date: Jan 8, 2020

Affirmation of Felon-in-Possession Sentence: Analyzing the United States of America v. Jason Davon Garcia Decision Introduction The case of United States of America v. Jason Davon Garcia (946 F.3d...

Affirmation of Preponderance of Evidence Standard in Sentencing: Analysis of United States v. Robertson

Date: Jan 7, 2020

Affirmation of Preponderance of Evidence Standard in Sentencing: Analysis of United States v. Robertson (10th Cir. 2020) Introduction United States v. Jeremias Robertson, 946 F.3d 1168 (10th Cir....

Affirming Limits on Qualified Immunity: Excessive Force and Medical Negligence under the Fourth and Fourteenth Amendments

Date: Dec 28, 2019

Affirming Limits on Qualified Immunity: Excessive Force and Medical Negligence under the Fourth and Fourteenth Amendments 1. Introduction In the case of Warren McCowan v. Mark Moralez and The City of...

Enhanced Guidelines for Controlled Substance Offenses: Faulkner v. United States

Date: Dec 25, 2019

Enhanced Guidelines for Controlled Substance Offenses: Faulkner v. United States Introduction In Faulkner v. United States, 950 F.3d 670 (10th Cir. 2019), the United States Court of Appeals for the...

Younger Abstention Affirmed in Denial of Jury Trial Relief

Date: Dec 24, 2019

Younger Abstention Affirmed in Denial of Jury Trial Relief Introduction In the case of Douglas Ray Winn v. Max Cook, adjudicated on December 23, 2019, the United States Court of Appeals for the Tenth...

Waiver of Insufficient-Evidence Claims and Plain-Error Standards in Criminal Appeals: Insights from United States v. Leffler

Date: Nov 20, 2019

Waiver of Insufficient-Evidence Claims and Plain-Error Standards in Criminal Appeals: Insights from United States v. Leffler Introduction The case of United States of America v. Kevin Dewayne Leffler...

Expert Medical Evidence Not Universally Required to Establish ADA Disability: Tenth Circuit Reverses Summary Judgment

Date: Nov 9, 2019

Expert Medical Evidence Not Universally Required to Establish ADA Disability: Tenth Circuit Reverses Summary Judgment Introduction In the case of Jonella Tesone v. Empire Marketing Strategies, the...