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  • Commentaries
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10th Circuit Case Commentaries

Offsetting Prepaid Claims in Uninsured Motorist Coverage and Limits on Attorney Sanctions: Insights from Miera v. Dairyland Insurance Company

Offsetting Prepaid Claims in Uninsured Motorist Coverage and Limits on Attorney Sanctions: Insights from Miera v. Dairyland Insurance Company

Date: May 8, 1998
Offsetting Prepaid Claims in Uninsured Motorist Coverage and Limits on Attorney Sanctions: Insights from Miera v. Dairyland Insurance Company Introduction Miera v. Dairyland Insurance Company is a...
Affirmation of Reasonable Accommodation under the ADA: Rascon v. U.S. West Communications

Affirmation of Reasonable Accommodation under the ADA: Rascon v. U.S. West Communications

Date: May 7, 1998
Affirmation of Reasonable Accommodation under the ADA: Rascon v. U.S. West Communications Introduction The case of Robert A. Rascon v. U.S. West Communications, Inc. is a landmark decision by the...
Employees Need Not Demonstrate Termination to Claim a Hostile Work Environment Under Title VII: Analysis of Davis v. United States Postal Service

Employees Need Not Demonstrate Termination to Claim a Hostile Work Environment Under Title VII: Analysis of Davis v. United States Postal Service

Date: May 7, 1998
Employees Need Not Demonstrate Termination to Claim a Hostile Work Environment Under Title VII: Analysis of Davis v. United States Postal Service Introduction Janet Davis, a postal employee and...
Jackson v. Shanks: Tenth Circuit Reaffirms Procedural Default Doctrine and Evaluates Ineffective Assistance Claims in Pre-AEDPA Habeas Corpus Proceedings

Jackson v. Shanks: Tenth Circuit Reaffirms Procedural Default Doctrine and Evaluates Ineffective Assistance Claims in Pre-AEDPA Habeas Corpus Proceedings

Date: May 6, 1998
Jackson v. Shanks: Tenth Circuit Reaffirms Procedural Default Doctrine and Evaluates Ineffective Assistance Claims in Pre-AEDPA Habeas Corpus Proceedings Introduction Feldon Jackson, Jr. v. John...
Immediate Appealability of Pretrial Commitment Orders: United States v. Deters

Immediate Appealability of Pretrial Commitment Orders: United States v. Deters

Date: May 2, 1998
Immediate Appealability of Pretrial Commitment Orders: United States v. Deters Introduction United States v. Priscilla J. Deters, 143 F.3d 577 (10th Cir. 1998), addresses a pivotal issue in criminal...
Affirmation of Summary Judgment in §1983 Jail Conditions and Assault Case: Absence of Deliberate Indifference by County Officials

Affirmation of Summary Judgment in §1983 Jail Conditions and Assault Case: Absence of Deliberate Indifference by County Officials

Date: May 2, 1998
Affirmation of Summary Judgment in §1983 Jail Conditions and Assault Case: Absence of Deliberate Indifference by County Officials Introduction The case of Susan Barney and Kathy Christensen v. Gerald...
Law of the Case Doctrine Affirmed in United States v. Alvarez

Law of the Case Doctrine Affirmed in United States v. Alvarez

Date: Apr 30, 1998
Law of the Case Doctrine Affirmed in United States v. Alvarez Introduction Case Citation: United States of America v. Jaime Alvarez, 142 F.3d 1243 (10th Cir. 1998) Court: United States Court of...
Affirmation of Standing Limitations in Vehicle Searches and Correct Application of Sentencing Guidelines in United States v. Gama-Bastidas

Affirmation of Standing Limitations in Vehicle Searches and Correct Application of Sentencing Guidelines in United States v. Gama-Bastidas

Date: Apr 29, 1998
Affirmation of Standing Limitations in Vehicle Searches and Correct Application of Sentencing Guidelines in United States v. Gama-Bastidas Introduction United States of America v. Jesus Roberto...
Fristoe v. Thompson: Limits on BOP’s Interpretive Authority in Defining Nonviolent Offenses

Fristoe v. Thompson: Limits on BOP’s Interpretive Authority in Defining Nonviolent Offenses

Date: Apr 29, 1998
Fristoe v. Thompson: Limits on BOP’s Interpretive Authority in Defining Nonviolent Offenses Introduction Fristoe v. Thompson, 144 F.3d 627 (10th Cir. 1998), is a pivotal case that addresses the...
Establishing the Constitutionality of Federal Rule of Evidence 414 for Child Molestation Cases: United States v. Castillo

Establishing the Constitutionality of Federal Rule of Evidence 414 for Child Molestation Cases: United States v. Castillo

Date: Apr 7, 1998
Establishing the Constitutionality of Federal Rule of Evidence 414 for Child Molestation Cases: United States v. Castillo Introduction United States of America v. Serefino Castillo, 140 F.3d 874...
Cost Allocation in Jurisdictional Dismissals: Callicrate v. Farmland Industries Establishes Key Precedents

Cost Allocation in Jurisdictional Dismissals: Callicrate v. Farmland Industries Establishes Key Precedents

Date: Mar 28, 1998
Cost Allocation in Jurisdictional Dismissals: Callicrate v. Farmland Industries Establishes Key Precedents Introduction The case of MICHAEL CALLICRATE, dba Callicrate Cattle Company versus Farmland...
Admissibility of Evidence and Expert Testimony in Civil Litigation: Insights from Koch v. Koch Industries

Admissibility of Evidence and Expert Testimony in Civil Litigation: Insights from Koch v. Koch Industries

Date: Mar 21, 1998
Admissibility of Evidence and Expert Testimony in Civil Litigation: Insights from Koch v. Koch Industries Introduction The case of William I. Koch, et al. v. Koch Industries, Inc., et al. (2 F. Supp....
Anonymity in Civil Rights Litigation: Comprehensive Analysis of M.M. v. Zavaras

Anonymity in Civil Rights Litigation: Comprehensive Analysis of M.M. v. Zavaras

Date: Mar 18, 1998
Anonymity in Civil Rights Litigation: Comprehensive Analysis of M.M., Individually and on Behalf of All Others Similarly Situated v. Zavaras Introduction The case of M.M., individually and on behalf...
Interpreting Jury Verdict Notations and Variance in Conspiracy Charges: Analysis of United States v. Ailsworth

Interpreting Jury Verdict Notations and Variance in Conspiracy Charges: Analysis of United States v. Ailsworth

Date: Mar 11, 1998
Interpreting Jury Verdict Notations and Variance in Conspiracy Charges: Analysis of United States v. Ailsworth Introduction The case of United States of America v. Jessie Ailsworth, Jr. (138 F.3d...
Defining 'Governmental Plan' under ERISA and Arbitrary Denials: Linda McGraw v. Prudential Insurance Commentary

Defining 'Governmental Plan' under ERISA and Arbitrary Denials: Linda McGraw v. Prudential Insurance Commentary

Date: Mar 7, 1998
Defining 'Governmental Plan' under ERISA and Arbitrary Denials: Linda McGraw v. Prudential Insurance Introduction The case of Linda McGraw v. The Prudential Insurance Company of America centers on...
Employee Classification of Rig Welders under FLSA: Baker v. Flint Engineering

Employee Classification of Rig Welders under FLSA: Baker v. Flint Engineering

Date: Mar 7, 1998
Employee Classification of Rig Welders under FLSA: Baker et al. v. Flint Engineering Construction Co. Introduction In the landmark case of Baker, Joseph N. Bordelon, Gary Coon, Mack D. Mantle, James...
Affirmation of Habeas Corpus Denial and Reinforcement of Ineffective Assistance of Counsel Standards in Capital Cases

Affirmation of Habeas Corpus Denial and Reinforcement of Ineffective Assistance of Counsel Standards in Capital Cases

Date: Mar 5, 1998
Affirmation of Habeas Corpus Denial and Reinforcement of Ineffective Assistance of Counsel Standards in Capital Cases Introduction In John W. Duvall v. Dan Reynolds (139 F.3d 768), the United States...
Standing in Federal Land Management: Insights from Utah v. Babbitt

Standing in Federal Land Management: Insights from Utah v. Babbitt

Date: Mar 4, 1998
Standing in Federal Land Management: Insights from State of Utah v. Babbitt Introduction State of Utah, Utah School and Institutional Trust Lands Administration and Utah Association of Counties v....
Affirmation of Oklahoma's "Continuing Threat" Aggravator in Castro v. Ward

Affirmation of Oklahoma's "Continuing Threat" Aggravator in Castro v. Ward

Date: Mar 3, 1998
Affirmation of Oklahoma's "Continuing Threat" Aggravator and Habeas Corpus Standards in Castro v. Ward Introduction Castro v. Ward (138 F.3d 810, 10th Cir. 1998) is a significant case in the realm of...
Legally Binding Commentary: Witt v. Roadway Express Establishes Critical Precedent on Title VII Limitations

Legally Binding Commentary: Witt v. Roadway Express Establishes Critical Precedent on Title VII Limitations

Date: Feb 28, 1998
Witt v. Roadway Express: Tenth Circuit Sets Important Precedent on Title VII Limitations Introduction In the landmark case of Charles James Witt v. Roadway Express et al., the United States Court of...
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