10th Circuit Case Commentaries

Affirmation of Sovereign Immunity and Mandate to Remand State Claims: Fent v. Oklahoma Water Resources Board

Date: Dec 19, 2000

Affirmation of Sovereign Immunity and Mandate to Remand State Claims: Fent v. Oklahoma Water Resources Board Introduction In the landmark case of Fent v. Oklahoma Water Resources Board, the United...

Accord and Satisfaction Precludes Frivolous Foreclosure: Sanctions for Government Bad Faith in McCall Case

Date: Dec 16, 2000

Accord and Satisfaction Precludes Frivolous Foreclosure: Sanctions for Government Bad Faith in McCall Case Introduction The case of United States of America v. William McCall, 235 F.3d 1211 (10th...

Tenth Circuit Clarifies Limitations on Amending §2255 Motions Under Fed.R.Civ.P. 15(c)

Date: Dec 15, 2000

Tenth Circuit Clarifies Limitations on Amending §2255 Motions Under Fed.R.Civ.P. 15(c) Introduction In the case of United States of America v. Gilbert Espinoza-Saenz, 235 F.3d 501 (10th Cir. 2000),...

Don Sigmon v. CommunityCare HMO, Inc.: Establishing Boundaries for §1983 Liability of Private Contractors in Employment Drug Testing Programs

Date: Dec 12, 2000

Don Sigmon v. CommunityCare HMO, Inc.: Establishing Boundaries for §1983 Liability of Private Contractors in Employment Drug Testing Programs Introduction In Don Sigmon v. CommunityCare HMO, Inc.,...

Affirmation of Conviction in United States v. Gavin Allen: Establishing Standards for Probable Cause and Speedy Trial Exceptions

Date: Dec 6, 2000

Affirmation of Conviction in United States v. Gavin Allen: Establishing Standards for Probable Cause and Speedy Trial Exceptions Introduction In the case of United States of America v. Gavin E. Allen...

Section 1983 Claims and IDEA Violations: A New Precedent in Padilla v. Denver School District

Date: Dec 6, 2000

Section 1983 Claims and IDEA Violations: A New Precedent in Padilla v. Denver School District Introduction Shayne Padilla v. School District No. 1 in the City and County of Denver is a significant...

Coverage Lapses and Retroactive Dates in E&O Insurance: Tenth Circuit Affirms Summary Judgment

Date: Dec 2, 2000

Coverage Lapses and Retroactive Dates in E&O Insurance: Tenth Circuit Affirms Summary Judgment Introduction The case of Charles F. Adams et al. v. American Guarantee and Liability Insurance Company,...

Qualified Immunity in First Amendment Retaliation Claims: Insights from Orla Lybrook v. Farmington Municipal Schools

Date: Nov 28, 2000

Qualified Immunity in First Amendment Retaliation Claims: Insights from Orla Lybrook v. Farmington Municipal Schools Introduction The case of Orla Lybrook v. Farmington Municipal Schools Board of...

Intentional Racial Discrimination in Franchise Denial: Tyler v. RE/MAX Establishes Robust Pretextual Evidence Standards

Date: Nov 22, 2000

Intentional Racial Discrimination in Franchise Denial: Tyler v. RE/MAX Establishes Robust Pretextual Evidence Standards Introduction The case of Edward Tyler v. RE/MAX Mountain States, Inc. (232 F.3d...

L M Enterprises v. BEI Sensors Systems: Enforcing Contractual Payment Terms Under Kansas Law

Date: Nov 17, 2000

L M Enterprises v. BEI Sensors Systems: Enforcing Contractual Payment Terms Under Kansas Law Introduction The case of L M Enterprises, Inc. v. BEI Sensors Systems Company, Edcliff Instruments...

Affirmation of Statutory Employee Status and the Exclusive Remedy Provision under Kansas Workers Compensation Law

Date: Nov 15, 2000

Affirmation of Statutory Employee Status and the Exclusive Remedy Provision under Kansas Workers Compensation Law Introduction In the case of Alice F. Price, next friend of minor, Alexandria F....

Tolling AEDPA's One-Year Limitations Period: Insights from GIBSON v. KLINGER

Date: Nov 15, 2000

Tolling AEDPA's One-Year Limitations Period: Insights from GIBSON v. KLINGER Introduction The case of Ronnie Lee GIBSON, Petitioner—Appellant, v. Ken KLINGER, Respondent—Appellee (232 F.3d 799),...

Clarifying Prima Facie Standards in Employment Discrimination: Insights from Amro v. Boeing

Date: Nov 15, 2000

Clarifying Prima Facie Standards in Employment Discrimination: Insights from Amro v. Boeing Introduction Amro v. Boeing Co., 232 F.3d 790 (10th Cir. 2000), addresses critical issues surrounding...

Balancing Due Process in Public Employment Terminations: Garcia v. City of Albuquerque

Date: Nov 14, 2000

Balancing Due Process in Public Employment Terminations: Garcia v. City of Albuquerque Introduction Silas Garcia v. City of Albuquerque is a pivotal case adjudicated by the United States Court of...

Judicial Prejudice and the Integrity of Death Penalty Sentencing: Chanthadara v. United States

Date: Nov 2, 2000

Judicial Prejudice and the Integrity of Death Penalty Sentencing: Chanthadara v. United States Introduction Chanthadara v. United States, 230 F.3d 1237 (10th Cir. 2000), presents a critical...

Confrontation Clause and Hearsay Evidentiary Standards in Drug Manufacturing Cases

Date: Nov 1, 2000

Confrontation Clause and Hearsay Evidentiary Standards in Drug Manufacturing Cases Introduction The case of United States of America v. Lesley Lee Becker (230 F.3d 1224) presents significant legal...

Vacatur of Dismissal Orders in the Context of Settlements: An Analysis of Amoco Oil Co. v. EPA

Date: Nov 1, 2000

Vacatur of Dismissal Orders in the Context of Settlements: An Analysis of Amoco Oil Co. v. EPA, 231 F.3d 694 Introduction The case Amoco Oil Company v. United States Environmental Protection Agency...

Waiver of Appellate Review in Adversary Proceedings: Insights from In re KEY ENERGY RESOURCES INC.

Date: Oct 26, 2000

Waiver of Appellate Review in Adversary Proceedings: Insights from In re KEY ENERGY RESOURCES INC. Introduction In re KEY ENERGY RESOURCES INC. is a pivotal case decided by the United States Court of...

Strict Interpretation of ERISA Policy Clauses: Pirkheim v. First Unum Life Insurance

Date: Oct 25, 2000

Strict Interpretation of ERISA Policy Clauses: Pirkheim v. First Unum Life Insurance Introduction In the case of Frank and Roxanne Pirkheim, as parents of Logan Pirkheim v. First Unum Life Insurance...

Affirming the Good-Faith Exception: Insights from United States v. Danhauer

Date: Oct 24, 2000

Affirming the Good-Faith Exception: Insights from United States v. Danhauer Introduction United States of America v. Dennis R. Danhauer, 229 F.3d 1002 (10th Cir. 2000), serves as a pivotal case in...

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