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  • Commentaries
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10th Circuit Case Commentaries

FTC v. Accusearch Inc.: Redefining CDA Immunity for Online Information Brokers

FTC v. Accusearch Inc.: Redefining CDA Immunity for Online Information Brokers

Date: Jun 30, 2009
FTC v. Accusearch Inc.: Redefining CDA Immunity for Online Information Brokers Introduction In Federal Trade Commission v. Accusearch Inc., 570 F.3d 1187 (10th Cir. 2009), the United States Court of...
Affirmation of Statute of Limitations in Negligence Claims against Licensed Outfitters

Affirmation of Statute of Limitations in Negligence Claims against Licensed Outfitters

Date: Jun 24, 2009
Affirmation of Statute of Limitations in Negligence Claims against Licensed Outfitters Introduction The case of Robert BYLIN and Sandie Bylin v. John R. BILLINGS; Owen Tucker; Open Creek Outfitting,...
Affirmation of Death Sentence and AEDPA Compliance in Ronnie Lee Gardner v. Hank Galetka

Affirmation of Death Sentence and AEDPA Compliance in Ronnie Lee Gardner v. Hank Galetka

Date: Jun 20, 2009
Affirmation of Death Sentence and AEDPA Compliance in Ronnie Lee Gardner v. Hank Galetka Introduction In the landmark case of Ronnie Lee Gardner v. Hank Galetka (568 F.3d 862, Tenth Circuit, 2009),...
Qualified Immunity in High-Speed Pursuits: Comprehensive Analysis of CORDOVA v. ARAGON

Qualified Immunity in High-Speed Pursuits: Comprehensive Analysis of CORDOVA v. ARAGON

Date: Jun 18, 2009
Qualified Immunity in High-Speed Pursuits: Comprehensive Analysis of CORDOVA v. ARAGON Introduction The case of Tracey Cordova, Morgan Douthwit, and Divinity Cordova v. Derek Aragon and City of...
Jurisdictional Limits on Reviewing BIA's Denial in Cancellation of Removal Cases: Tenth Circuit Precedent

Jurisdictional Limits on Reviewing BIA's Denial in Cancellation of Removal Cases: Tenth Circuit Precedent

Date: Jun 18, 2009
Jurisdictional Limits on Reviewing BIA's Denial in Cancellation of Removal Cases: Tenth Circuit Precedent Introduction The case Khaled FM Alzainati v. Eric H. Holder, Jr. addresses the jurisdictional...
Exhaustion of State Remedies in Federal Habeas Corpus Petitions: Allen v. Zavras

Exhaustion of State Remedies in Federal Habeas Corpus Petitions: Allen v. Zavras

Date: Jun 16, 2009
Exhaustion of State Remedies in Federal Habeas Corpus Petitions: Allen v. Zavras Introduction Edward Allen v. Ari Zavras, Executive Director, DOC, and John Suthers, Attorney General of the State of...
Cooper Tire Rubber Co. v. Real-Parties-In-Interest: A Landmark Decision on Discovery Scope under Rule 26(b)

Cooper Tire Rubber Co. v. Real-Parties-In-Interest: A Landmark Decision on Discovery Scope under Rule 26(b)

Date: Jun 10, 2009
Cooper Tire Rubber Co. v. Real-Parties-In-Interest: A Landmark Decision on Discovery Scope under Rule 26(b) Introduction In the pivotal case of In re COOPER TIRE RUBBER CO., Petitioner, decided on...
Standing and Causation in First Amendment §1983 Claims: Analysis of Utah Animal Rights Coalition v. Salt Lake County

Standing and Causation in First Amendment §1983 Claims: Analysis of Utah Animal Rights Coalition v. Salt Lake County

Date: Jun 2, 2009
Standing and Causation in First Amendment §1983 Claims: Analysis of Utah Animal Rights Coalition v. Salt Lake County Introduction In the landmark case Utah Animal Rights Coalition (UARC) v. Salt Lake...
Corder v. Lewis Palmer School District No. 38: Reinforcing School Authority over School-Sponsored Student Speech

Corder v. Lewis Palmer School District No. 38: Reinforcing School Authority over School-Sponsored Student Speech

Date: May 30, 2009
Corder v. Lewis Palmer School District No. 38: Reinforcing School Authority over School-Sponsored Student Speech Introduction Corder v. Lewis Palmer School District No. 38 (566 F.3d 1219, 10th Cir....
Standing and Substantive Due Process in Breed-Specific Legislation: Dias v. City and County of Denver

Standing and Substantive Due Process in Breed-Specific Legislation: Dias v. City and County of Denver

Date: May 28, 2009
Standing and Substantive Due Process in Breed-Specific Legislation: Dias v. City and County of Denver Introduction In Sonya DIAS; Hilary Engel; and Sheryl White, individually and on behalf of all...
Reassessment of Residual Functional Capacity on Remand: Establishing Flexibility in SSA Disability Determinations

Reassessment of Residual Functional Capacity on Remand: Establishing Flexibility in SSA Disability Determinations

Date: May 28, 2009
Reassessment of Residual Functional Capacity on Remand: Establishing Flexibility in SSA Disability Determinations Introduction The case of Kathy L. Poppa versus Michael J. Astrue, Commissioner of the...
Establishing Medical Necessity for Assistive Devices in SSA Disability Claims: Insights from Staples v. Astrue

Establishing Medical Necessity for Assistive Devices in SSA Disability Claims: Insights from Staples v. Astrue

Date: May 20, 2009
Establishing Medical Necessity for Assistive Devices in SSA Disability Claims: Insights from Staples v. Astrue Introduction The case of Sharri Staples v. Michael J. Astrue, Commissioner of the Social...
Establishing Preliminary Injunctions in RCRA Citizen Suits: Insights from Oklahoma v. Tyson Foods

Establishing Preliminary Injunctions in RCRA Citizen Suits: Insights from Oklahoma v. Tyson Foods

Date: May 14, 2009
Establishing Preliminary Injunctions in RCRA Citizen Suits: Insights from Oklahoma v. Tyson Foods Introduction The landmark case of Oklahoma v. Tyson Foods, Inc., adjudicated by the United States...
Expansion of Compensatory Damages in Fourth Amendment Violations: Train v. City of Albuquerque

Expansion of Compensatory Damages in Fourth Amendment Violations: Train v. City of Albuquerque

Date: May 12, 2009
Expansion of Compensatory Damages in Fourth Amendment Violations: Train v. City of Albuquerque Introduction Train v. City of Albuquerque, 629 F. Supp. 2d 1243 (D. New Mexico, 2009), addresses pivotal...
Affirmation of Adequate Administrative Remedies in IDEA Litigation: Miller v. Albuquerque Public Schools

Affirmation of Adequate Administrative Remedies in IDEA Litigation: Miller v. Albuquerque Public Schools

Date: May 12, 2009
Affirmation of Adequate Administrative Remedies in IDEA Litigation: Miller v. Albuquerque Public Schools Introduction The case of Leslie Miller, Plaintiff-Appellant/Cross-Appellee, and Jack Miller,...
M.D. Mark, Inc. v. Kerr-McGee Corporation: Establishing Precedents in Seismic Data Licensing and Misappropriation Post-Merger

M.D. Mark, Inc. v. Kerr-McGee Corporation: Establishing Precedents in Seismic Data Licensing and Misappropriation Post-Merger

Date: May 12, 2009
M.D. Mark, Inc. v. Kerr-McGee Corporation: Establishing Precedents in Seismic Data Licensing and Misappropriation Post-Merger Introduction The case of M.D. Mark, Inc.,...
Affirmation of §922(g)(1): Establishing Jurisdiction Through Interstate Firearm Travel

Affirmation of §922(g)(1): Establishing Jurisdiction Through Interstate Firearm Travel

Date: Apr 30, 2009
Affirmation of §922(g)(1): Establishing Jurisdiction Through Interstate Firearm Travel Introduction United States of America v. Robbie S. Urbano, 563 F.3d 1150 (10th Cir. 2009), is a pivotal case...
Affirmation of Legitimate Hiring Practices: Turner v. PSCo Sets Standard for Pretext in Title VII Cases

Affirmation of Legitimate Hiring Practices: Turner v. PSCo Sets Standard for Pretext in Title VII Cases

Date: Apr 29, 2009
Affirmation of Legitimate Hiring Practices: Turner v. PSCo Sets Standard for Pretext in Title VII Cases Introduction In Susan K. Turner v. Public Service Company of Colorado (PSCo), the United States...
Restricting Offensive Collateral Estoppel in Fourth Amendment Warrantless Entry Claims

Restricting Offensive Collateral Estoppel in Fourth Amendment Warrantless Entry Claims

Date: Apr 29, 2009
Restricting Offensive Collateral Estoppel in Fourth Amendment Warrantless Entry Claims Introduction In the case of Rubel Roybal v. City of Albuquerque et al., the United States District Court for the...
Comprehensive Analysis of State of New Mexico v. Bureau of Land Management: Establishing Enhanced NEPA Compliance Standards

Comprehensive Analysis of State of New Mexico v. Bureau of Land Management: Establishing Enhanced NEPA Compliance Standards

Date: Apr 29, 2009
Comprehensive Analysis of State of New Mexico v. Bureau of Land Management Introduction The case of State of New Mexico ex rel. Bill Richardson v. Bureau of Land Management (BLM) addressed critical...
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