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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Admissibility of Prior Employment and Medical Records in Retaliatory Discharge Litigation: An Analysis of Wilkins v. Kmart Corp.

Admissibility of Prior Employment and Medical Records in Retaliatory Discharge Litigation: An Analysis of Wilkins v. Kmart Corp.

Date: Apr 11, 2007
Admissibility of Prior Employment and Medical Records in Retaliatory Discharge Litigation: An Analysis of Wilkins v. Kmart Corp. Introduction The case of Jackie R. Wilkins v. Kmart Corporation,...
Insurance Bad Faith and Settlement Offer Delays: Analysis of Emcasco Insurance Company v. Wade and Nguyen

Insurance Bad Faith and Settlement Offer Delays: Analysis of Emcasco Insurance Company v. Wade and Nguyen

Date: Apr 11, 2007
Insurance Bad Faith and Settlement Offer Delays: Analysis of Emcasco Insurance Company v. Wade and Nguyen Introduction The case of Jerry L. Wade, II and Ninh Nguyen v. EMCASCO Insurance Company,...
Majority Voting Requirement for Nonpublic School Admission to OSSAA Violates Equal Protection

Majority Voting Requirement for Nonpublic School Admission to OSSAA Violates Equal Protection

Date: Apr 10, 2007
Majority Voting Requirement for Nonpublic School Admission to OSSAA Violates Equal Protection Introduction The case of Christian Heritage Academy v. Oklahoma Secondary School Activities Association...
Age and Maturity Considerations Under the Hague Convention: Tenth Circuit Upholds Refusal to Repatriate Child Based on Minor's Wishes

Age and Maturity Considerations Under the Hague Convention: Tenth Circuit Upholds Refusal to Repatriate Child Based on Minor's Wishes

Date: Apr 6, 2007
Age and Maturity Considerations Under the Hague Convention: Tenth Circuit Upholds Refusal to Repatriate Child Based on Minor's Wishes Introduction The case of S.L.V.M. Cyndie de Silva v. Paul E....
Establishing Standards for Equitable Tolling under AEDPA in Habeas Corpus Petitions: Fleming v. Evans

Establishing Standards for Equitable Tolling under AEDPA in Habeas Corpus Petitions: Fleming v. Evans

Date: Apr 4, 2007
Establishing Standards for Equitable Tolling under AEDPA in Habeas Corpus Petitions: Fleming v. Evans Introduction The case of Kipton Fleming v. Edward L. Evans (481 F.3d 1249) presents a pivotal...
Clarifying Retaliation and Facial Discrimination Standards under Title VII: Piercy v. EPSO

Clarifying Retaliation and Facial Discrimination Standards under Title VII: Piercy v. EPSO

Date: Mar 28, 2007
Clarifying Retaliation and Facial Discrimination Standards under Title VII: Piercy v. EPSO Introduction Piercy v. EPSO is a significant case adjudicated by the United States Court of Appeals for the...
Tenth Circuit Upholds Summary Judgment in Retaliation Claim: Settlement Agreements and Independent Contractor Status Under Title VII

Tenth Circuit Upholds Summary Judgment in Retaliation Claim: Settlement Agreements and Independent Contractor Status Under Title VII

Date: Mar 20, 2007
Tenth Circuit Upholds Summary Judgment in Retaliation Claim: Settlement Agreements and Independent Contractor Status Under Title VII Introduction In Jencks v. Modern Woodmen of America, the United...
Non-Dischargeability of Court-Imposed Restitution Obligations under 11 U.S.C. § 523(a)(7): Analysis of In re Jason Derek Troff

Non-Dischargeability of Court-Imposed Restitution Obligations under 11 U.S.C. § 523(a)(7): Analysis of In re Jason Derek Troff

Date: Mar 16, 2007
Non-Dischargeability of Court-Imposed Restitution Obligations under 11 U.S.C. § 523(a)(7): Analysis of In re Jason Derek Troff Introduction The case In re Jason Derek Troff addresses a pivotal...
Gambro Healthcare v. Campbell: Dual Theories for FMLA Interference and Retaliation Claims Established

Gambro Healthcare v. Campbell: Dual Theories for FMLA Interference and Retaliation Claims Established

Date: Mar 10, 2007
Gambro Healthcare v. Campbell: Dual Theories for FMLA Interference and Retaliation Claims Established Introduction In the landmark case Eunice Campbell v. Gambro Healthcare, Inc. (478 F.3d 1282, 10th...
Affirmation of Insurer's Duty to Adequately Offer Extended PIP Benefits Under CAARA

Affirmation of Insurer's Duty to Adequately Offer Extended PIP Benefits Under CAARA

Date: Mar 7, 2007
Affirmation of Insurer's Duty to Adequately Offer Extended PIP Benefits Under CAARA Introduction The case of Scott Hill, as Conservator of the Estate of Katelyn Hill v. Allstate Insurance Company...
Oklahoma Specialty License Plates Classified as State Taxes Under TIA, with Viewpoint-Based Funding Challenges Proceeding Despite Eleventh Amendment

Oklahoma Specialty License Plates Classified as State Taxes Under TIA, with Viewpoint-Based Funding Challenges Proceeding Despite Eleventh Amendment

Date: Mar 7, 2007
Oklahoma Specialty License Plates Classified as State Taxes Under TIA, with Viewpoint-Based Funding Challenges Proceeding Despite Eleventh Amendment Introduction In the landmark case Harold E. Hill...
Cache La Poudre v. Land O'Lakes: Reinforcing Duty to Preserve Evidence and Sanctions for Discovery Violations in the Tenth Circuit

Cache La Poudre v. Land O'Lakes: Reinforcing Duty to Preserve Evidence and Sanctions for Discovery Violations in the Tenth Circuit

Date: Mar 3, 2007
Cache La Poudre v. Land O'Lakes: Reinforcing Duty to Preserve Evidence and Sanctions for Discovery Violations in the Tenth Circuit Introduction The case of Cache La Poudre Feeds, LLC v. Land O'Lakes,...
Sentencing Within Guidelines Range Requires General Statement: United States v. Ruiz-Terrazas

Sentencing Within Guidelines Range Requires General Statement: United States v. Ruiz-Terrazas

Date: Feb 27, 2007
Sentencing Within Guidelines Range Requires General Statement: United States v. Ruiz-Terrazas Introduction United States of America v. Javier Ruiz-Terrazas is a pivotal case decided by the United...
Pisciotta v. Astreu: Reevaluation of Residual Functional Capacity in Disability Claims

Pisciotta v. Astreu: Reevaluation of Residual Functional Capacity in Disability Claims

Date: Feb 27, 2007
Pisciotta v. Astreu: Reevaluation of Residual Functional Capacity in Disability Claims Introduction Pisciotta v. Astreu, 500 F.3d 1074 (10th Cir. 2007), is a significant appellate court decision that...
Affirmation of Employer’s Non-Discriminatory Employment Eligibility Actions Under Title VII: Analysis of ZAMORA v. ELITE LOGISTICS, INC.

Affirmation of Employer’s Non-Discriminatory Employment Eligibility Actions Under Title VII: Analysis of ZAMORA v. ELITE LOGISTICS, INC.

Date: Feb 27, 2007
Affirmation of Employer’s Non-Discriminatory Employment Eligibility Actions Under Title VII: Analysis of ZAMORA v. ELITE LOGISTICS, INC. Introduction Ramon Zamora, the plaintiff-appellant, filed a...
Enforceability of Appellate Waivers in Plea Agreements: United States v. Sandoval

Enforceability of Appellate Waivers in Plea Agreements: United States v. Sandoval

Date: Feb 27, 2007
Enforceability of Appellate Waivers in Plea Agreements: United States v. Sandoval Introduction In United States v. Sandoval, the United States Court of Appeals for the Tenth Circuit addressed the...
Forestry Management Plans and ESA Consultation: Tenth Circuit Establishes Limits on Agency Action

Forestry Management Plans and ESA Consultation: Tenth Circuit Establishes Limits on Agency Action

Date: Feb 24, 2007
Forestry Management Plans and ESA Consultation: Tenth Circuit Establishes Limits on Agency Action Introduction In the appellate case of Forest Guardians et al. v. U.S. Forest Service, the United...
Procedural Protocol in ERISA Appeals: Disclosure of Reviewers' Reports - Metzger v. UNUM

Procedural Protocol in ERISA Appeals: Disclosure of Reviewers' Reports - Metzger v. UNUM

Date: Feb 22, 2007
Procedural Protocol in ERISA Appeals: Disclosure of Reviewers' Reports 1. Introduction METZGER v. UNUM LIFE INSURANCE COMPANY OF AMERICA, 476 F.3d 1161 (10th Cir. 2007), is a pivotal case in the...
Effective Assistance of Counsel in Capital Sentencing: Anderson v. Sirmons

Effective Assistance of Counsel in Capital Sentencing: Anderson v. Sirmons

Date: Feb 22, 2007
Effective Assistance of Counsel in Capital Sentencing: Anderson v. Sirmons Introduction Glenn Douglas Anderson, the petitioner-appellant, was convicted of three counts of first-degree murder by a...
Affirmation of Individualized Inmate Placement under 18 U.S.C. § 3621(b) - WEDELSTEDT v. WILEY

Affirmation of Individualized Inmate Placement under 18 U.S.C. § 3621(b) - WEDELSTEDT v. WILEY

Date: Feb 21, 2007
Affirmation of Individualized Inmate Placement under 18 U.S.C. § 3621(b) Introduction Edward J. Wedelstedt, a federal inmate incarcerated at the Federal Correctional Institution in Camp Florence,...
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