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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Tenth Circuit Clarifies Intervention Rules in Quiet-Title Cases: Sovereign Immunity and Adequate Representation

Tenth Circuit Clarifies Intervention Rules in Quiet-Title Cases: Sovereign Immunity and Adequate Representation

Date: Oct 3, 2007
Tenth Circuit Clarifies Intervention Rules in Quiet-Title Cases: Sovereign Immunity and Adequate Representation Introduction In the landmark decision of San Juan County, Utah v. United States of...
Reaffirmation of Miranda Standards and Limitations on Sentencing Enhancements: U.S. v. Sierra-Estrada

Reaffirmation of Miranda Standards and Limitations on Sentencing Enhancements: U.S. v. Sierra-Estrada

Date: Oct 2, 2007
Reaffirmation of Miranda Standards and Limitations on Sentencing Enhancements: U.S. v. Sierra-Estrada Introduction The case of United States of America v. Roberto Sierra-Estrada, adjudicated by the...
Application of Turner Framework: Upholding Constitutional Mail Regulations in Jones v. Salt Lake County

Application of Turner Framework: Upholding Constitutional Mail Regulations in Jones v. Salt Lake County

Date: Sep 29, 2007
Application of Turner Framework: Upholding Constitutional Mail Regulations in Jones v. Salt Lake County Introduction Jones v. Salt Lake County, et al. is a pivotal case adjudicated by the United...
United States v. Moran: Tenth Circuit Affirms Felon Firearm Possession Conviction, Establishing Standards for Investigatory Stops and Admission of Prior Convictions

United States v. Moran: Tenth Circuit Affirms Felon Firearm Possession Conviction, Establishing Standards for Investigatory Stops and Admission of Prior Convictions

Date: Sep 26, 2007
United States v. Moran: Tenth Circuit Affirms Felon Firearm Possession Conviction, Establishing Standards for Investigatory Stops and Admission of Prior Convictions Introduction United States v....
Tenth Circuit Affirms Dismissal for Failure to Prosecute in ADA Employment Discrimination Case

Tenth Circuit Affirms Dismissal for Failure to Prosecute in ADA Employment Discrimination Case

Date: Sep 26, 2007
Tenth Circuit Affirms Dismissal for Failure to Prosecute in ADA Employment Discrimination Case Introduction In the case of Lynn Rogers v. Andrus Transportation Services, the United States Court of...
Establishing the Threshold for Imminent and Substantial Endangerment under RCRA: Insights from Burlington Northern Santa Fe Railway Co. v. Charles B. Grant

Establishing the Threshold for Imminent and Substantial Endangerment under RCRA: Insights from Burlington Northern Santa Fe Railway Co. v. Charles B. Grant

Date: Sep 25, 2007
Establishing the Threshold for Imminent and Substantial Endangerment under RCRA: Insights from Burlington Northern Santa Fe Railway Co. v. Charles B. Grant Introduction In the landmark case of...
ICCTA Non-Preemption of State Tort Claims in Railroad Property Maintenance

ICCTA Non-Preemption of State Tort Claims in Railroad Property Maintenance

Date: Sep 25, 2007
ICCTA Non-Preemption of State Tort Claims in Railroad Property Maintenance Introduction In the landmark case of Emerson v. Kansas City Southern Railway Company, the United States Court of Appeals for...
Exhaustion of Administrative Remedies Satisfied When BIA Sua Sponte Considers Unraised Issues

Exhaustion of Administrative Remedies Satisfied When BIA Sua Sponte Considers Unraised Issues

Date: Sep 22, 2007
Exhaustion of Administrative Remedies Satisfied When BIA Sua Sponte Considers Unraised Issues 1. Introduction The case of Tingkos Timoteus Sidabutar and Mona Lisa Sirongo Ringo v. Alberto R....
Transgender Employees Not Protected Under Title VII: Analysis of Etsitty v. Utah Transit Authority

Transgender Employees Not Protected Under Title VII: Analysis of Etsitty v. Utah Transit Authority

Date: Sep 21, 2007
Transgender Employees Not Protected Under Title VII: Analysis of Etsitty v. Utah Transit Authority Introduction Krystal S. Etsitty, a transgender woman and former employee of the Utah Transit...
Affirmation of Summary Judgment in Retaliation Claims under ADA and Kansas Law: Proctor v. UPS

Affirmation of Summary Judgment in Retaliation Claims under ADA and Kansas Law: Proctor v. UPS

Date: Sep 19, 2007
Affirmation of Summary Judgment in Retaliation Claims under ADA and Kansas Law: Proctor v. UPS Introduction The case of John W. Proctor v. United Parcel Service (UPS) presents a significant...
Tenth Circuit Affirms Exhaustion of Administrative Remedies via EEOC Intake Questionnaire under ADA

Tenth Circuit Affirms Exhaustion of Administrative Remedies via EEOC Intake Questionnaire under ADA

Date: Sep 14, 2007
Tenth Circuit Affirms Exhaustion of Administrative Remedies via EEOC Intake Questionnaire under ADA Introduction In the landmark case of Keith Jones v. United Parcel Service, Inc., the United States...
Enhanced Scrutiny on Preliminary Injunctions in Trade Dress Infringement: Tenth Circuit Upholds Denial in GM v. Urban Gorilla, LLC

Enhanced Scrutiny on Preliminary Injunctions in Trade Dress Infringement: Tenth Circuit Upholds Denial in GM v. Urban Gorilla, LLC

Date: Sep 13, 2007
Enhanced Scrutiny on Preliminary Injunctions in Trade Dress Infringement: Tenth Circuit Upholds Denial in GM v. Urban Gorilla, LLC Introduction The case of General Motors Corporation v. Urban...
Enforceability of Appellate Waivers in Plea Agreements: Insights from United States v. Deione M. Smith

Enforceability of Appellate Waivers in Plea Agreements: Insights from United States v. Deione M. Smith

Date: Sep 12, 2007
Enforceability of Appellate Waivers in Plea Agreements: Insights from United States v. Deione M. Smith Introduction The case of United States of America v. Deione M. Smith (500 F.3d 1206, 10th Cir....
Enhancing Religious Protections for Inmates: Insights from Kay v. BCCF, 10th Cir. 2007

Enhancing Religious Protections for Inmates: Insights from Kay v. BCCF, 10th Cir. 2007

Date: Sep 12, 2007
Enhancing Religious Protections for Inmates: Insights from Kay v. BCCF, 10th Cir. 2007 Introduction In the landmark case of Karl Dee Kay v. Nancy Bemis, et al., decided by the United States Court of...
Qualified Immunity Reinforced in Excessive Force Claims: Mecham v. Frazier

Qualified Immunity Reinforced in Excessive Force Claims: Mecham v. Frazier

Date: Sep 12, 2007
Qualified Immunity Reinforced in Excessive Force Claims: Mecham v. Frazier Introduction Lemanda Lillian Mecham v. Sean D. Frazier, and David L. Johnson is a pivotal case decided by the United States...
Enhanced ADA Protections for Disabled Detainees: Insights from Robertson v. Las Animas County Sheriff’s Department

Enhanced ADA Protections for Disabled Detainees: Insights from Robertson v. Las Animas County Sheriff’s Department

Date: Sep 11, 2007
Enhanced ADA Protections for Disabled Detainees: Insights from Robertson v. Las Animas County Sheriff’s Department Introduction In the landmark case of Gordon Robertson v. Las Animas County Sheriff’s...
Refining the Deliberative Process Privilege under FOIA: Trentadue v. Integrity Committee

Refining the Deliberative Process Privilege under FOIA: Trentadue v. Integrity Committee

Date: Sep 8, 2007
Refining the Deliberative Process Privilege under FOIA: Trentadue v. Integrity Committee Introduction Jesse C. Trentadue v. Integrity Committee is a pivotal case adjudicated by the United States...
Deliberate Indifference in Official Policies under Title IX: Simpson and Gilmore v. University of Colorado Boulder

Deliberate Indifference in Official Policies under Title IX: Simpson and Gilmore v. University of Colorado Boulder

Date: Sep 7, 2007
Deliberate Indifference in Official Policies under Title IX: Simpson and Gilmore v. University of Colorado Boulder Introduction In the landmark case of Lisa Simpson and Anne Gilmore v. University of...
Claim Preclusion and Arbitration Enforcement in Retaliatory Discharge Cases: Lewis v. Circuit City

Claim Preclusion and Arbitration Enforcement in Retaliatory Discharge Cases: Lewis v. Circuit City

Date: Sep 1, 2007
Claim Preclusion and Arbitration Enforcement in Retaliatory Discharge Cases: Lewis v. Circuit City Introduction In the landmark case of Michael J. Lewis v. Circuit City Stores, Inc., the United...
Direct Threat Defense Affirmed in Jarvis v. Potter under the Rehabilitation Act

Direct Threat Defense Affirmed in Jarvis v. Potter under the Rehabilitation Act

Date: Aug 31, 2007
Direct Threat Defense Affirmed in Jarvis v. Potter under the Rehabilitation Act Introduction In the case of Lanny Bart Jarvis v. John E. Potter, Postmaster General of the United States Postal...
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