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  • Commentaries
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10th Circuit Case Commentaries

Pack v. Kmart: Defining Disability Under the ADA - Major Life Activities Explored

Pack v. Kmart: Defining Disability Under the ADA - Major Life Activities Explored

Date: Feb 5, 1999
Pack v. Kmart: Defining Disability Under the ADA - Major Life Activities Explored Introduction Pack v. Kmart Corporation is a significant appellate decision by the United States Court of Appeals for...
Protection of Public Proceedings Over Tax Confidentiality: Tenth Circuit Upholds IRS Press Releases in Rice v. United States

Protection of Public Proceedings Over Tax Confidentiality: Tenth Circuit Upholds IRS Press Releases in Rice v. United States

Date: Jan 29, 1999
Protection of Public Proceedings Over Tax Confidentiality: Tenth Circuit Upholds IRS Press Releases in Rice v. United States Introduction JERRY V. RICE and JVR ACCOUNTING, INC. v. UNITED STATES OF...
Establishing Federal Court Jurisdiction Over Unreasonable Delays in SIJ and LPR Applications: Analysis of Yu v. Brown

Establishing Federal Court Jurisdiction Over Unreasonable Delays in SIJ and LPR Applications: Analysis of Yu v. Brown

Date: Jan 29, 1999
Establishing Federal Court Jurisdiction Over Unreasonable Delays in SIJ and LPR Applications: Analysis of Yu v. Brown Introduction Yue Yu et al. v. Douglas Brown et al. is a pivotal case decided by...
Perkins v. Kansas Department of Corrections: Strengthening Prisoners' Due Process and Eighth Amendment Claims Within PLRA Constraints

Perkins v. Kansas Department of Corrections: Strengthening Prisoners' Due Process and Eighth Amendment Claims Within PLRA Constraints

Date: Jan 29, 1999
Perkins v. Kansas Department of Corrections: Strengthening Prisoners' Due Process and Eighth Amendment Claims Within PLRA Constraints Introduction In the landmark case Darren Eugene Perkins v. Kansas...
Exhaustion of Administrative Remedies in Retaliation Claims: Simms v. State of Oklahoma

Exhaustion of Administrative Remedies in Retaliation Claims: Simms v. State of Oklahoma

Date: Jan 26, 1999
Exhaustion of Administrative Remedies in Retaliation Claims: Simms v. State of Oklahoma Introduction Cedric D. Simms v. The State of Oklahoma is a pivotal case decided by the United States Court of...
Affirming Parental Authority in Home Searches: Insights from UNITED STATES OF AMERICA v. MESA RITH

Affirming Parental Authority in Home Searches: Insights from UNITED STATES OF AMERICA v. MESA RITH

Date: Jan 20, 1999
Affirming Parental Authority in Home Searches: Insights from UNITED STATES OF AMERICA v. MESA RITH Introduction In UNITED STATES OF AMERICA v. MESA RITH, 164 F.3d 1323 (10th Cir. 1999), the United...
Government Immunity Under 18 U.S.C. §201(c)(2) in Plea Agreements: An In-Depth Commentary on UNITED STATES v. SINGLETON

Government Immunity Under 18 U.S.C. §201(c)(2) in Plea Agreements: An In-Depth Commentary on UNITED STATES v. SINGLETON

Date: Jan 9, 1999
Government Immunity Under 18 U.S.C. §201(c)(2) in Plea Agreements Introduction The case of United States of America v. Sonya Evette Singleton, adjudicated by the United States Court of Appeals for...
Strengthening the Daubert Standard: Exclusion of Unreliable Expert Testimony in Toxic Tort Litigation

Strengthening the Daubert Standard: Exclusion of Unreliable Expert Testimony in Toxic Tort Litigation

Date: Jan 8, 1999
Strengthening the Daubert Standard: Exclusion of Unreliable Expert Testimony in Toxic Tort Litigation Introduction In the case of Jeffrey A. Mitchell and Verna Mitchell v. Gencorp Inc., the United...
Tenth Circuit Establishes Guidelines for Sanctions and Witness Testimony Suppression in Government Discovery Violations

Tenth Circuit Establishes Guidelines for Sanctions and Witness Testimony Suppression in Government Discovery Violations

Date: Jan 8, 1999
Tenth Circuit Establishes Guidelines for Sanctions and Witness Testimony Suppression in Government Discovery Violations Introduction In the landmark decision of United States v. Gonzalez et al., the...
Clarifying the Probate Exception in Tortious Interference with Inheritance: RIENHARDT v. KELLY

Clarifying the Probate Exception in Tortious Interference with Inheritance: RIENHARDT v. KELLY

Date: Jan 8, 1999
Clarifying the Probate Exception in Tortious Interference with Inheritance: RIENHARDT v. KELLY Introduction The case of William Art Rienhardt v. Hilda Kelly and Tom Kelly serves as a pivotal moment...
Establishing Legitimate Non-Discriminatory Reasons in Employment Discrimination: Anaeme v. Diagnostek

Establishing Legitimate Non-Discriminatory Reasons in Employment Discrimination: Anaeme v. Diagnostek

Date: Jan 7, 1999
Establishing Legitimate Non-Discriminatory Reasons in Employment Discrimination: Anaeme v. Diagnostek Introduction Anaeme v. Diagnostek, Inc., 164 F.3d 1275 (10th Cir. 1999), is a pivotal case in the...
Establishing Retaliatory Discharge Standards under Title VII: Insights from Medlock v. Ortho Biotech

Establishing Retaliatory Discharge Standards under Title VII: Insights from Medlock v. Ortho Biotech

Date: Jan 6, 1999
Establishing Retaliatory Discharge Standards under Title VII: Insights from Medlock v. Ortho Biotech Introduction The case of Oliver Medlock, Jr. v. Ortho Biotech, Inc. adjudicated by the United...
Reaffirming Standards for Retaliatory Discharge Claims under Wyoming Workers' Compensation Law

Reaffirming Standards for Retaliatory Discharge Claims under Wyoming Workers' Compensation Law

Date: Jan 6, 1999
Reaffirming Standards for Retaliatory Discharge Claims under Wyoming Workers' Compensation Law Introduction The case of Barbara Coletti v. Cudd Pressure Control (165 F.3d 767) adjudicated by the...
Restricting Arbitration: Tenth Circuit Holds Fee-Splitting Arbitration Agreements Unenforceable in Employment Discrimination Claims

Restricting Arbitration: Tenth Circuit Holds Fee-Splitting Arbitration Agreements Unenforceable in Employment Discrimination Claims

Date: Jan 6, 1999
Restricting Arbitration: Tenth Circuit Holds Fee-Splitting Arbitration Agreements Unenforceable in Employment Discrimination Claims Introduction In the landmark case Matthew Shankle v. B-G...
Sanchez v. Denver Public Schools: Affirmation of Summary Judgment in Discrimination Claims

Sanchez v. Denver Public Schools: Affirmation of Summary Judgment in Discrimination Claims

Date: Jan 1, 1999
Sanchez v. Denver Public Schools: Affirmation of Summary Judgment in Discrimination Claims Introduction Sanchez v. Denver Public Schools is a pivotal case adjudicated by the United States Court of...
Defining 'Prevailing Party' and Attorney Fees Recovery under 42 U.S.C. §1988: Insights from Ellis v. University of Kansas Medical Center

Defining 'Prevailing Party' and Attorney Fees Recovery under 42 U.S.C. §1988: Insights from Ellis v. University of Kansas Medical Center

Date: Dec 22, 1998
Defining 'Prevailing Party' and Attorney Fees Recovery under 42 U.S.C. §1988: Insights from Ellis v. University of Kansas Medical Center Introduction Ellis v. University of Kansas Medical Center is a...
Tenth Circuit Establishes Non-Retroactive Application of PLRA’s §1997e(e) in Conditions of Confinement Claims

Tenth Circuit Establishes Non-Retroactive Application of PLRA’s §1997e(e) in Conditions of Confinement Claims

Date: Dec 22, 1998
Tenth Circuit Establishes Non-Retroactive Application of PLRA’s §1997e(e) in Conditions of Confinement Claims Introduction The case of Bobby Woods Craig, Jr. v. John Eberly serves as a significant...
Waiver of Right to Counsel and Ineffective Assistance in Capital Sentencing: Cooks v. Ward

Waiver of Right to Counsel and Ineffective Assistance in Capital Sentencing: Cooks v. Ward

Date: Dec 16, 1998
Waiver of Right to Counsel and Ineffective Assistance in Capital Sentencing: Cooks v. Ward Introduction Cornel Cooks v. Ron Ward, 165 F.3d 1283 (10th Cir. 1998), is a pivotal case addressing the...
Franchisor Not Liable for Franchisee's Hostile Work Environment Claims Under Title VII

Franchisor Not Liable for Franchisee's Hostile Work Environment Claims Under Title VII

Date: Dec 15, 1998
Franchisor Not Liable for Franchisee's Hostile Work Environment Claims Under Title VII Introduction In Rena Lockard v. Pizza Hut, Inc., the United States Court of Appeals for the Tenth Circuit...
Enhancing Employee Protection under ERISA §510: Insights from GARRATT v. WALKER

Enhancing Employee Protection under ERISA §510: Insights from GARRATT v. WALKER

Date: Dec 10, 1998
Enhancing Employee Protection under ERISA §510: Insights from GARRATT v. WALKER Introduction GARRATT v. WALKER, 164 F.3d 1249 (10th Cir. 1998), is a pivotal case that explores the boundaries of...
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