10th Circuit Case Commentaries

Waiver of Appellate Review Due to Failure to Timely Object in Theede v. United States Department of Labor

Date: Apr 14, 1999

Waiver of Appellate Review Due to Failure to Timely Object in Theede v. United States Department of Labor Introduction Robert L. Theede v. United States Department of Labor, 172 F.3d 1262 (10th Cir....

Revocation of Technical Abandonment in Bankruptcy Cases: In Re Woods

Date: Apr 14, 1999

Revocation of Technical Abandonment in Bankruptcy Cases: In Re Woods Introduction The case of In Re Maurice G. Woods and Teresa J. Woods, Debtors addresses a pivotal issue in bankruptcy law...

United States v. Gordon: Consent to Search, Probable Cause, and Informant Disclosure Standards

Date: Apr 13, 1999

United States v. Gordon: Consent to Search, Probable Cause, and Informant Disclosure Standards Introduction United States v. Lewis Samuel Gordon (173 F.3d 761, 10th Cir. 1999) presents a pivotal...

Establishing Sheriff's Liability for Inadequate Jail Conditions under §1983: GENARO LOPEZ v. KENNETH LEMASTER

Date: Apr 10, 1999

Establishing Sheriff's Liability for Inadequate Jail Conditions under §1983: GENARO LOPEZ v. KENNETH LEMASTER Introduction In Genaro Lopez v. Kenneth LeMaster, the United States Court of Appeals for...

Willamette Industries v. Baty: Establishing Employer Liability in Hostile Work Environment and Retaliation Claims under Title VII

Date: Apr 8, 1999

Willamette Industries v. Baty: Establishing Employer Liability in Hostile Work Environment and Retaliation Claims under Title VII Introduction In Patricia Baty v. Willamette Industries, Inc., the...

Establishing Employer-Exclusive Liability in ADA Discrimination Claims: An Analysis of Butler v. City of Prairie Village

Date: Apr 7, 1999

Establishing Employer-Exclusive Liability in ADA Discrimination Claims: An Analysis of Butler v. City of Prairie Village Introduction In Butler v. City of Prairie Village, Kansas, the United States...

Application of the 'Reasonable Belief' Standard for Warrantless Home Entry in Valdez v. McPhetters

Date: Apr 6, 1999

Application of the 'Reasonable Belief' Standard for Warrantless Home Entry in Valdez v. McPhetters Introduction In the landmark case of Rosanna Valdez v. Samuel McPheters, adjudicated by the United...

Wiseman v. United States: Appellate Insights on Identification Reliability and Hobbs Act Jurisdiction

Date: Apr 6, 1999

Wiseman v. United States: Appellate Insights on Identification Reliability and Hobbs Act Jurisdiction Introduction United States of America v. Lonnie Ray Wiseman, 172 F.3d 1196 (10th Cir. 1999), is a...

Application of Federal Fourth Amendment Standards in State Warrants: Insights from United States v. Le

Date: Apr 1, 1999

Application of Federal Fourth Amendment Standards in State Warrants: Insights from United States v. Le Introduction United States v. Thao Dinh Le, 173 F.3d 1258 (10th Cir. 1999), is a pivotal case...

Regulatory Fee Classification for Disabled Parking Placards Under the Tax Injunction Act

Date: Mar 24, 1999

Regulatory Fee Classification for Disabled Parking Placards Under the Tax Injunction Act Introduction In Joel Marcus and David V. Morando v. State of Kansas, Department of Revenue, the United States...

Affirmation of Speedy Trial Waiver and Valid Search Incident to Arrest in United States v. Lugo

Date: Mar 12, 1999

Affirmation of Speedy Trial Waiver and Valid Search Incident to Arrest in United States v. Lugo Introduction United States v. Claudio Lugo is a pivotal case adjudicated by the United States Court of...

Tenth Circuit Clarifies ERISA Preemption: Fraudulent Inducement Claims Against Insurers Not Preempted

Date: Mar 11, 1999

Tenth Circuit Clarifies ERISA Preemption: Fraudulent Inducement Claims Against Insurers Not Preempted Introduction In the landmark case of Woodworker's Supply, Inc. v. Principal Mutual Life Insurance...

Deference to Plan Administrators and Internal Plan Criteria under ERISA: Analysis of Jones v. KMED

Date: Mar 5, 1999

Deference to Plan Administrators and Internal Plan Criteria under ERISA: Analysis of Jones v. KMED Introduction In Russell Jones and Susan Jones v. The Kodak Medical Assistance Plan, 169 F.3d 1287...

Waiver of Eleventh Amendment Immunity and Enhanced §1983 Liability: Analysis of Sutton v. Utah State School for the Deaf and Blind

Date: Mar 2, 1999

Waiver of Eleventh Amendment Immunity and Enhanced §1983 Liability: Analysis of Sutton v. Utah State School for the Deaf and Blind Introduction In the landmark case Kathi Sutton, as Legal Guardian of...

Terry Lynn Nichols Sentencing Affirmed: Implications for Felony Murder and Restitution

Date: Feb 27, 1999

Terry Lynn Nichols Sentencing Affirmed: Implications for Felony Murder and Restitution Introduction In the landmark case of United States of America v. Terry Lynn Nichols, the United States Court of...

Defining 'Major Life Activities' under the ADA: Poindexter v. Atchison, Topeka & Santa Fe Railway Company

Date: Feb 25, 1999

Defining 'Major Life Activities' under the ADA: Poindexter v. Atchison, Topeka & Santa Fe Railway Company Introduction Poindexter v. Atchison, Topeka & Santa Fe Railway Company, 168 F.3d 1228 (10th...

Reasonable Expectation of Privacy in Shared Motel Rooms for Commercial Purposes: U.S. v. Gordon

Date: Feb 24, 1999

Reasonable Expectation of Privacy in Shared Motel Rooms for Commercial Purposes: U.S. v. Gordon Introduction The case of United States of America v. Michael O. Gordon, decided by the United States...

Procedural Due Process and Competency Standards in Capital Cases: Insights from Walker v. Attorney General for the State of Oklahoma

Date: Feb 23, 1999

Procedural Due Process and Competency Standards in Capital Cases: Insights from Walker v. Attorney General for the State of Oklahoma 1. Introduction Gary Alan Walker v. Attorney General for the State...

State Police Power Prevails in Animal Control: Analysis of Clark v. City of Draper

Date: Feb 17, 1999

State Police Power Prevails in Animal Control: Analysis of Clark v. City of Draper Introduction In Clark v. City of Draper, 168 F.3d 1185 (10th Cir. 1999), the United States Court of Appeals for the...

Limits of §1983 Actions Post-Acquittal: Morgan v. Gertz & Worden

Date: Feb 9, 1999

Limits of §1983 Actions Post-Acquittal: Morgan v. Gertz & Worden Introduction Morgan v. Gertz & Worden (166 F.3d 1307, 1999) is a pivotal case adjudicated by the United States Court of Appeals for...

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