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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Affirmation of Severance Denial and Hearsay Exception in Conspiracy Retaliation Case: United States v. Pursley Jr.

Affirmation of Severance Denial and Hearsay Exception in Conspiracy Retaliation Case: United States v. Pursley Jr.

Date: Aug 22, 2009
Affirmation of Severance Denial and Hearsay Exception in Conspiracy Retaliation Case: United States v. Pursley Jr. Introduction In the case of United States of America v. Carl W. Pursley, Jr. (577...
AEDPA Deference Upheld: Comprehensive Analysis of Matthews v. Workman

AEDPA Deference Upheld: Comprehensive Analysis of Matthews v. Workman

Date: Aug 18, 2009
AEDPA Deference Upheld: Comprehensive Analysis of Matthews v. Workman Introduction The case of Jeffrey Matthews v. Randall G. Workman (577 F.3d 1175) presents a critical examination of the...
Reevaluation of Summary Judgment Standards: Law Co. v. Mohawk Construction

Reevaluation of Summary Judgment Standards: Law Co. v. Mohawk Construction

Date: Aug 18, 2009
Reevaluation of Summary Judgment Standards: Law Co. v. Mohawk Construction Introduction In the landmark case The Law Company, Inc. v. Mohawk Construction and Supply Company, Inc., 577 F.3d 1164 (10th...
Clarifying the Calculability Standard for Prejudgment Interest: AE, INC. v. GOODYEAR TIRE Rubber Company

Clarifying the Calculability Standard for Prejudgment Interest: AE, INC. v. GOODYEAR TIRE Rubber Company

Date: Aug 12, 2009
Clarifying the Calculability Standard for Prejudgment Interest: AE, INC. v. GOODYEAR TIRE Rubber Company Introduction The case of AE, Inc. v. The Goodyear Tire Rubber Company, decided on August 11,...
Establishing the 'Combination of Factors' Standard in ERISA Disability Cases: Holcomb v. Unum

Establishing the 'Combination of Factors' Standard in ERISA Disability Cases: Holcomb v. Unum

Date: Aug 12, 2009
Establishing the 'Combination of Factors' Standard in ERISA Disability Cases: Holcomb v. Unum Introduction Holcomb v. Unum Life Insurance Company of America is a pivotal case that underscores the...
Trade Secret Misappropriation Standards Enhanced in Hertz v. Luzenac Group

Trade Secret Misappropriation Standards Enhanced in Hertz v. Luzenac Group

Date: Aug 12, 2009
Trade Secret Misappropriation Standards Enhanced in Hertz v. Luzenac Group Introduction The case of Sanford Lee Hertz v. The Luzenac Group represents a pivotal moment in the jurisprudence surrounding...
Scope of Automobile Exception in Fourth Amendment Searches: Insights from United States v. Burgess

Scope of Automobile Exception in Fourth Amendment Searches: Insights from United States v. Burgess

Date: Aug 12, 2009
Scope of Automobile Exception in Fourth Amendment Searches: Insights from United States v. Burgess Introduction United States v. Burgess (576 F.3d 1078) is a pivotal case decided by the United States...
Gross Negligence in Recreational Racing: Milne v. Dual Establishes Federal Standards Over State Law

Gross Negligence in Recreational Racing: Milne v. Dual Establishes Federal Standards Over State Law

Date: Aug 11, 2009
Gross Negligence in Recreational Racing: Milne v. Dual Establishes Federal Standards Over State Law Introduction In the landmark case of Milne v. Dual, decided by the United States Court of Appeals...
Qualified Immunity in High-Speed Police Pursuits: Insights from Green v. Pueblo County Sheriff's Department

Qualified Immunity in High-Speed Police Pursuits: Insights from Green v. Pueblo County Sheriff's Department

Date: Aug 8, 2009
Qualified Immunity in High-Speed Police Pursuits: Insights from Green v. Pueblo County Sheriff's Department Introduction Green v. Pueblo County Sheriff's Department is a pivotal case adjudicated by...
Tenth Circuit Affirms Ongoing Jurisdiction of Bankruptcy Courts over § 362(k)(1) Proceedings Post Chapter 13 Dismissal

Tenth Circuit Affirms Ongoing Jurisdiction of Bankruptcy Courts over § 362(k)(1) Proceedings Post Chapter 13 Dismissal

Date: Aug 6, 2009
Tenth Circuit Affirms Ongoing Jurisdiction of Bankruptcy Courts over § 362(k)(1) Proceedings Post Chapter 13 Dismissal Introduction The case of In re Tommy Dean Johnson; Candice Ann Johnson, Debtors...
Mario L. Toombs v. United States: Reinforcing the Standards for Ends-of-Justice Continuances under the Speedy Trial Act

Mario L. Toombs v. United States: Reinforcing the Standards for Ends-of-Justice Continuances under the Speedy Trial Act

Date: Aug 4, 2009
Mario L. Toombs v. United States: Reinforcing the Standards for Ends-of-Justice Continuances under the Speedy Trial Act Introduction The case of United States of America v. Mario L. Toombs,...
Application of Good-Faith Exception Post-ARIZONA v. GANT: United States v. McCane Analysis

Application of Good-Faith Exception Post-ARIZONA v. GANT: United States v. McCane Analysis

Date: Jul 29, 2009
Application of Good-Faith Exception Post-ARIZONA v. GANT: United States v. McCane Analysis Introduction The case of United States of America v. Markice La centers on the admissibility of a firearm...
Redefining 'Enterprise' in RICO Cases: Comprehensive Analysis of United States v. Hutchinson et al.

Redefining 'Enterprise' in RICO Cases: Comprehensive Analysis of United States v. Hutchinson et al.

Date: Jul 28, 2009
Redefining 'Enterprise' in RICO Cases: Comprehensive Analysis of United States v. Hutchinson et al. Introduction The case United States of America v. Alvin Hutchinson, et al., 573 F.3d 1011 (10th...
Familial Relationships Alone Do Not Establish Probable Cause or Reasonable Suspicion: Tenth Circuit Upholds Fourth Amendment Protections

Familial Relationships Alone Do Not Establish Probable Cause or Reasonable Suspicion: Tenth Circuit Upholds Fourth Amendment Protections

Date: Jul 25, 2009
Familial Relationships Alone Do Not Establish Probable Cause or Reasonable Suspicion: Tenth Circuit Upholds Fourth Amendment Protections Introduction The case of Rick Poolaw; Cindy Poolaw; Chara...
Clarification of In-Custody Requirements for Habeas Corpus Petitions Under 28 U.S.C. §2254: McCormick v. Kline

Clarification of In-Custody Requirements for Habeas Corpus Petitions Under 28 U.S.C. §2254: McCormick v. Kline

Date: Jul 15, 2009
Clarification of In-Custody Requirements for Habeas Corpus Petitions Under 28 U.S.C. §2254: McCormick v. Kline Introduction Dale E. McCormick v. Phil Kline, Attorney General; David McCormick, Warden,...
Established Precedent on Due Process in Employment Termination: Riggins v. Goodman et al.

Established Precedent on Due Process in Employment Termination: Riggins v. Goodman et al.

Date: Jul 11, 2009
Established Precedent on Due Process in Employment Termination: Riggins v. Goodman et al. Introduction The case of Jerry Riggins v. Bruce Goodman, Julie Boyd, and William A. Simmons addresses...
Reevaluation of Rule 41(b) Sanctions in Habeas Corpus Petitions: Insights from Al v. Davis

Reevaluation of Rule 41(b) Sanctions in Habeas Corpus Petitions: Insights from Al v. Davis

Date: Jul 8, 2009
Reevaluation of Rule 41(b) Sanctions in Habeas Corpus Petitions: Insights from Al v. Davis Introduction Alvin Leslie Davis, Jr. ("Mr. Davis") appealed the district court's sua sponte dismissal of his...
Affirmation of Summary Judgment in Nettle v. Central Oklahoma American Indian Health Council: Clarifying Standards for Hostile Work Environment Claims under Title VII

Affirmation of Summary Judgment in Nettle v. Central Oklahoma American Indian Health Council: Clarifying Standards for Hostile Work Environment Claims under Title VII

Date: Jul 2, 2009
Affirmation of Summary Judgment in Nettle v. Central Oklahoma American Indian Health Council: Clarifying Standards for Hostile Work Environment Claims under Title VII Introduction The case of Renee...
Affirmation of Traffic Stop and Consent Search Standards in Drug Possession Cases

Affirmation of Traffic Stop and Consent Search Standards in Drug Possession Cases

Date: Jun 30, 2009
Affirmation of Traffic Stop and Consent Search Standards in Drug Possession Cases Introduction In the case of United States of America v. David A. Eckhart and Juan Perez Cardenas, adjudicated by the...
Affirmation of Sovereign Immunity and Limits of §1983 Claims in Family Custody Disputes

Affirmation of Sovereign Immunity and Limits of §1983 Claims in Family Custody Disputes

Date: Jun 30, 2009
Affirmation of Sovereign Immunity and Limits of §1983 Claims in Family Custody Disputes Introduction In the case of Stephen Starkey et al. v. Boulder County Social Services et al., decided on June...
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