10th Circuit Case Commentaries

Affirmation of the "Three Strikes" Provision under the Prison Litigation Reform Act

Date: Oct 10, 1998

Affirmation of the "Three Strikes" Provision under the Prison Litigation Reform Act Introduction The case of Richard C. White, et al. v. State of Colorado, et al. (157 F.3d 1226) presents a critical...

Sentencing Package Doctrine Affirmed in United States v. Easterling: Implications for Resentencing Procedures

Date: Oct 8, 1998

Sentencing Package Doctrine Affirmed in United States v. Easterling: Implications for Resentencing Procedures Comprehensive Commentary on 157 F.3d 1220, United States Court of Appeals, Tenth Circuit,...

Establishing 'Special Need' Requirement for Suspicionless Drug Testing under the Fourth Amendment

Date: Sep 23, 1998

Establishing 'Special Need' Requirement for Suspicionless Drug Testing under the Fourth Amendment Introduction In the case of 19 Solid Waste Department Mechanics v. City of Albuquerque, the United...

Enforcing Indemnification for Joint Negligence: Insights from Union Pacific Railroad Co. v. Asplundh Tree Expert Co.

Date: Sep 22, 1998

Enforcing Indemnification for Joint Negligence: Insights from Union Pacific Railroad Co. v. Asplundh Tree Expert Co. Introduction The case of Terry Neustrom v. Union Pacific Railroad Company (156...

Clarifying Hostile Work Environment Under Title VII: Penry v. Federal Home Loan Bank of Topeka

Date: Sep 16, 1998

Clarifying Hostile Work Environment Under Title VII: Penry v. Federal Home Loan Bank of Topeka Introduction In Penry v. Federal Home Loan Bank of Topeka (155 F.3d 1257, 1998), the United States Court...

Establishing Employer Liability for Supervisors' Racial Harassment under Title VII: Analysis of Wright-Simmons v. City of Oklahoma City

Date: Sep 16, 1998

Establishing Employer Liability for Supervisors' Racial Harassment under Title VII: Analysis of Wright-Simmons v. City of Oklahoma City Introduction The case of Wright-Simmons v. City of Oklahoma...

Establishing Employee Standing to Challenge Warrantless Searches in Corporate Settings: Insights from United States v. Anderson

Date: Sep 16, 1998

Establishing Employee Standing to Challenge Warrantless Searches in Corporate Settings: Insights from United States v. Anderson Introduction The case of United States of America v. James S. Anderson...

Enforcement of Warrant Restrictions in Secondary Market Transactions

Date: Sep 15, 1998

Enforcement of Warrant Restrictions in Secondary Market Transactions Introduction Joseph Viernow v. Euripides Development Corporation et al. (157 F.3d 785), adjudicated by the United States Court of...

Establishing Boundaries in Hostile Work Environment Claims: Insights from Trujillo v. University of Colorado Health Sciences Center

Date: Sep 15, 1998

Establishing Boundaries in Hostile Work Environment Claims: Insights from Trujillo v. University of Colorado Health Sciences Center Introduction The case of Eugene Trujillo v. University of Colorado...

Riley Manufacturing Co. v. Anchor Glass: Reaffirming Judicial Authority in Arbitrability Determinations

Date: Sep 12, 1998

Riley Manufacturing Co. v. Anchor Glass: Reaffirming Judicial Authority in Arbitrability Determinations Introduction Riley Manufacturing Company, Inc. v. Anchor Glass Container Corporation is a...

Protected Property Interests in Collective Bargaining Agreements: Insights from Hennigh v. Shawnee

Date: Sep 10, 1998

Protected Property Interests in Collective Bargaining Agreements: Insights from Hennigh v. Shawnee Introduction Hennigh v. Shawnee (155 F.3d 1249) is a pivotal case decided by the United States Court...

Affirmation of High Standards for Presumed Prejudice from Pretrial Publicity in United States v. McVeigh

Date: Sep 9, 1998

Affirmation of High Standards for Presumed Prejudice from Pretrial Publicity in United States v. McVeigh Introduction The case of United States of America v. Timothy James McVeigh, decided by the...

Webb v. ABF Freight System: Establishing Standards for Duty of Fair Representation in Hybrid §301/DFR Claims

Date: Sep 5, 1998

Webb v. ABF Freight System: Establishing Standards for Duty of Fair Representation in Hybrid §301/DFR Claims Introduction In the landmark case of Webb v. ABF Freight System, Inc., the United States...

Revising the Statute of Limitations for Securities Fraud: Inquiry Notice and Reasonable Diligence in Sterlin v. Biomune Systems

Date: Sep 3, 1998

Revising the Statute of Limitations for Securities Fraud: Inquiry Notice and Reasonable Diligence in Sterlin v. Biomune Systems Introduction The case of Roman Sterlin v. Biomune Systems et al....

Probable Cause and Admissibility of Competency Evaluation Evidence: Insights from United States v. Vazquez-Pulido

Date: Sep 2, 1998

Probable Cause and Admissibility of Competency Evaluation Evidence: Insights from United States v. Vazquez-Pulido Introduction United States of America v. Jose Vazquez-Pulido, 155 F.3d 1213 (10th...

Federal Enclave Jurisdiction and Federal Officer Removal: Insights from Akin et al. v. Ashland Chemical Company et al.

Date: Sep 1, 1998

Federal Enclave Jurisdiction and Federal Officer Removal: Insights from Akin et al. v. Ashland Chemical Company et al. Introduction The case of Akin et al. v. Ashland Chemical Company et al....

First Amendment Retaliation and Qualified Immunity: Insights from Dennis Dill v. City of Edmond

Date: Aug 29, 1998

First Amendment Retaliation and Qualified Immunity: Insights from Dennis Dill v. City of Edmond Introduction The case of Dennis Dill v. City of Edmond, Oklahoma, et al., reported at 155 F.3d 1193...

FDIC v. United Pacific Insurance Co. and Reliance Insurance Co.: Establishing Precedents on Rule 60(b) Motions and Bond Recovery Allocations

Date: Aug 25, 1998

FDIC v. United Pacific Insurance Co. and Reliance Insurance Co.: Establishing Precedents on Rule 60(b) Motions and Bond Recovery Allocations Introduction In the landmark case of Federal Deposit...

Defense Counsel's Authority to Challenge Competency Without Client Consent Affirmed

Date: Aug 22, 1998

Defense Counsel's Authority to Challenge Competency Without Client Consent Affirmed Introduction In the landmark case of United States of America v. Walter Scot Boigegrain, adjudicated by the United...

Affirmation of County Immunity in Fourth and Eighth Amendment Claims: Myers v. Oklahoma County

Date: Aug 21, 1998

Affirmation of County Immunity in Fourth and Eighth Amendment Claims: Myers v. Oklahoma County Introduction The case of Myers v. Oklahoma County, decided by the United States Court of Appeals for the...

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