10th Circuit Case Commentaries

Establishing Employer's Age-Animosity in ADEA Claims: Tenth Circuit's Affirmation in Da v. Minshall

Date: Mar 29, 2003

Establishing Employer's Age-Animosity in ADEA Claims: Tenth Circuit's Affirmation in Da v. Minshall Introduction The case of David Minshall versus McGraw-Hill Broadcasting Company, doing business as...

Establishing the Anniversary Method for AEDPA §2255 Limitations: Insights from United States v. Hurst

Date: Mar 22, 2003

Establishing the Anniversary Method for AEDPA §2255 Limitations: Insights from United States v. Hurst Introduction The case of United States v. Jerry D. Hurst, 322 F.3d 1256 (10th Cir. 2003),...

Strict Enforcement of the Confrontation Clause: Tenth Circuit Establishes High Standard for Witness Availability under AEDPA

Date: Mar 19, 2003

Strict Enforcement of the Confrontation Clause: Tenth Circuit Establishes High Standard for Witness Availability under AEDPA Introduction The case of Kenneth Mark Cook v. Da (323 F.3d 825) represents...

Tenth Circuit Upholds Bestfoods Principle: Minority Shareholders Not Liable as Operators or Arrangers under CERCLA – Raytheon Constructors Inc. v. ASARCO Inc.

Date: Mar 12, 2003

Tenth Circuit Upholds Bestfoods Principle: Minority Shareholders Not Liable as Operators or Arrangers under CERCLA – Raytheon Constructors Inc. v. ASARCO Inc. Introduction The case of Raytheon...

Reinforcement of Entrapment Doctrine and Standards for Jury Impartiality in United States v. Scull and Bono

Date: Mar 12, 2003

Reinforcement of Entrapment Doctrine and Standards for Jury Impartiality in United States v. Scull and Bono Introduction In the case of United States of America, Plaintiff-Appellee, v. Oscar Scull...

Standing in First Amendment Challenges: Tenth Circuit's Decision in Ward v. Utah

Date: Mar 11, 2003

Standing in First Amendment Challenges: Tenth Circuit's Decision in Ward v. Utah Introduction In Eric Ward v. The State of Utah, 321 F.3d 1263 (10th Cir. 2003), the United States Court of Appeals for...

Establishing Precedent on Qualified Immunity in Academic Retaliation Cases: Hulen v. CSU

Date: Mar 5, 2003

Establishing Precedent on Qualified Immunity in Academic Retaliation Cases: Hulen v. CSU Introduction The case of Myron Hulen, Individually, Plaintiff-Appellee, v. Albert Yates, Daniel D. Costello,...

Jurisdictional Clarity in Clean Air Act Enforcement: USWA v. Oregon Steel Mills

Date: Mar 4, 2003

Jurisdictional Clarity in Clean Air Act Enforcement: USWA v. Oregon Steel Mills Introduction The case of United Steelworkers of America (USWA) v. Oregon Steel Mills, Inc.; CFI Steel, L.P., d/b/a...

Tenth Circuit Upholds Validity of Stock Transfer Restrictions in JOAs under Utah Law in Tribune Publishing v. MediaNews Group

Date: Feb 25, 2003

Tenth Circuit Upholds Validity of Stock Transfer Restrictions in JOAs under Utah Law in Tribune Publishing v. MediaNews Group Introduction The case of SALT LAKE TRIBUNE PUBLISHING COMPANY, LLC,...

10th Circuit Clarifies Irreparable Harm Standard in Environmental Law: Greater Protection for Threatened Species

Date: Feb 21, 2003

10th Circuit Clarifies Irreparable Harm Standard in Environmental Law: Greater Protection for Threatened Species Introduction In Greater Yellowstone Coalition; Jackson Hole Conservation Alliance,...

Brown v. Commissioner of the Social Security Administration: Emphasizing Detailed ALJ Findings in Disability Determinations

Date: Feb 20, 2003

Brown v. Commissioner of the Social Security Administration: Emphasizing Detailed ALJ Findings in Disability Determinations Introduction The case of Martha D. Brown v. Commissioner of the Social...

Federal Question Jurisdiction in State-Created Causes: Union Pacific v. Nicodemus and Morris

Date: Feb 14, 2003

Federal Question Jurisdiction in State-Created Causes: Union Pacific v. Nicodemus and Morris Introduction In the landmark case of Warren D. Nicodemus, Trustee of the Warren D. Nicodemus Living Trust...

Extending PIP Benefits to Pedestrians: Analysis of State Farm v. Clark

Date: Feb 12, 2003

Extending PIP Benefits to Pedestrians: Analysis of State Farm v. Clark Introduction In the landmark case of Ricky Eugene Clark v. State Farm Mutual Automobile Insurance Company, the United States...

Affirmation of Dismissal in Hartman v. Kickapoo Tribe Gaming Commission Establishes No Private Right of Action Under IGRA

Date: Feb 12, 2003

Affirmation of Dismissal in Hartman v. Kickapoo Tribe Gaming Commission Establishes No Private Right of Action Under IGRA Introduction The case of Hartman v. Kickapoo Tribe Gaming Commission, decided...

Protected Property Interests and Procedural Due Process: Insights from Crown Point I, LLC v. Intermountain Rural Electric Association

Date: Feb 11, 2003

Protected Property Interests and Procedural Due Process: Insights from Crown Point I, LLC v. Intermountain Rural Electric Association Introduction The case of Crown Point I, LLC v. Intermountain...

Affirmation of Judicial Absolute Immunity in §1983 Claims: Ledbetter v. City of Topeka

Date: Feb 7, 2003

Affirmation of Judicial Absolute Immunity in §1983 Claims: Ledbetter v. City of Topeka Introduction In the case of Joseph R. Ledbetter v. City of Topeka, Kansas, decided by the United States Court of...

Establishing Racial Discrimination Standards in Airline Customer Service under 42 U.S.C. §1981: Commentary on Sawyer and Fuller v. Southwest Airlines Co.

Date: Feb 6, 2003

Establishing Racial Discrimination Standards in Airline Customer Service under 42 U.S.C. §1981: Commentary on Sawyer and Fuller v. Southwest Airlines Co. Introduction The case of Louise Sawyer and...

Previous Next