10th Circuit Case Commentaries

Establishing Standards for Jury Instructions on Venue in Conspiracy and Possession Charges: Carter v. United States

Date: Dec 17, 1997

Establishing Standards for Jury Instructions on Venue in Conspiracy and Possession Charges: Carter v. United States Introduction The case of United States of America v. Israel Carter, Jr., 130 F.3d...

Retroactive Amendments to ERISA Welfare Benefit Plans and Protection of Vested Rights: Member Services v. CE Administrators

Date: Dec 16, 1997

Retroactive Amendments to ERISA Welfare Benefit Plans and Protection of Vested Rights: Member Services v. CE Administrators Introduction Member Services Life Insurance Company, doing business as...

Exhaustion Doctrine and Introduction of New Evidence in Habeas Corpus: Demarest v. Price (1997)

Date: Dec 4, 1997

Exhaustion Doctrine and Introduction of New Evidence in Habeas Corpus: Demarest v. Price (1997) Introduction In the landmark case of Richard S. Demarest v. William Price; Gale Norton, Attorney...

Admissibility of Polygraph Evidence Under Daubert: Analysis of United States v. Call

Date: Dec 4, 1997

Admissibility of Polygraph Evidence Under Daubert: Analysis of United States v. Call Introduction United States of America v. Justin Call, 129 F.3d 1402 (10th Cir. 1997), addresses the contentious...

Reliability of Drug Dog Alerts and Material Omissions in Affidavits: Tenth Circuit Reverses Suppression of Evidence in Kennedy Case

Date: Dec 4, 1997

Reliability of Drug Dog Alerts and Material Omissions in Affidavits: Tenth Circuit Reverses Suppression of Evidence in Kennedy Case Introduction In the case of United States of America v. Keiran...

Smith v. Norwest Financial: Defining Severity and Pervasiveness in Title VII Hostile Work Environment Claims

Date: Dec 4, 1997

Smith v. Norwest Financial: Defining Severity and Pervasiveness in Title VII Hostile Work Environment Claims Introduction Smith v. Norwest Financial Acceptance, Inc. is a pivotal case adjudicated by...

Establishing Viewpoint Neutrality in Limited Public Fora: The Tenth Circuit's Decision in Summum v. Salt Lake County

Date: Nov 29, 1997

Establishing Viewpoint Neutrality in Limited Public Fora: The Tenth Circuit's Decision in Summum v. Salt Lake County Introduction The case of Summum, a Utah corporate sole, Plaintiff-Appellant, v....

Certification of ADEA Collective Actions in Patterns and Practices Discrimination: Vaszlavik v. Storage Technology Corporation

Date: Nov 27, 1997

Certification of ADEA Collective Actions in Patterns and Practices Discrimination: Vaszlavik v. Storage Technology Corporation Introduction In the landmark case of Vaszlavik et al. v. Storage...

Sutton v. United Airlines: Clarifying ADA Disability Definitions

Date: Nov 27, 1997

Sutton v. United Airlines: Clarifying ADA Disability Definitions Introduction In Sutton and Hinton v. United Airlines, Inc. (130 F.3d 893, 10th Cir. 1997), the United States Court of Appeals for the...

Application of the Statute of Frauds in Real Property Contracts: A Tenth Circuit Analysis in GFF Corp. v. AWG

Date: Nov 26, 1997

Application of the Statute of Frauds in Real Property Contracts: A Tenth Circuit Analysis in GFF Corp. v. AWG Introduction The case of GFF Corporation v. Associated Wholesale Grocers, Inc. (130 F.3d...

Affirmation of Summary Judgment in Gender Discrimination and Equal Pay Act Claims under Title VII

Date: Nov 25, 1997

Affirmation of Summary Judgment in Gender Discrimination and Equal Pay Act Claims under Title VII Introduction The case of Shelley A. Sprague v. Thorn Americas, Inc. and Ed Kowalski (129 F.3d 1355)...

Clarifying Qualified Immunity Standards in False Arrest Claims: Clanton v. Cooper

Date: Nov 18, 1997

Clarifying Qualified Immunity Standards in False Arrest Claims: Clanton v. Cooper Introduction The case of Carolyn Clanton v. Jody Cooper (129 F.3d 1147, 10th Circuit, 1997) presents a pivotal...

United States v. Smartt: Strict Boundaries on Post-Sentencing Modifications Under 18 U.S.C. § 3582(c)

Date: Nov 13, 1997

United States v. Smartt: Strict Boundaries on Post-Sentencing Modifications Under 18 U.S.C. § 3582(c) Introduction United States of America v. Buddie Lee Smartt, 129 F.3d 539 (10th Cir. 1997), is a...

Nguyen v. Reynolds: Tenth Circuit Affirmation on AEDPA Applicability and Ineffective Assistance of Counsel

Date: Nov 8, 1997

Nguyen v. Reynolds: Tenth Circuit Affirmation on AEDPA Applicability and Ineffective Assistance of Counsel Introduction Nguyen v. Reynolds is a significant appellate decision rendered by the United...

Enforcing Exhaustion of Administrative Remedies in Bivens Actions: Tenth Circuit's Landmark Decision

Date: Oct 29, 1997

Enforcing Exhaustion of Administrative Remedies in Bivens Actions: Tenth Circuit's Landmark Decision Introduction The case of Jonathan T. Garrett v. Kathleen M. Hawk et al. (127 F.3d 1263, 10th Cir....

Association Discrimination under the ADA: Employer's Right to Terminate Based on Disabled Associate's Direct Threat

Date: Oct 29, 1997

Association Discrimination under the ADA: Employer's Right to Terminate Based on Disabled Associate's Direct Threat Introduction The case of Howard Den Hartog v. Wasatch Academy and Joseph Loftin...

Clarifying Antitrust Standing: Direct Purchaser Rule in Tying Arrangements – Sports Racing Services, Inc. v. Sports Car Club of America, Inc.

Date: Oct 29, 1997

Clarifying Antitrust Standing: Direct Purchaser Rule in Tying Arrangements – Sports Racing Services, Inc. v. Sports Car Club of America, Inc. Introduction In the landmark case Sports Racing Services,...

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10th Circuit Case Commentaries

Establishing Standards for Jury Instructions on Venue in Conspiracy and Possession Charges: Carter v. United States

Retroactive Amendments to ERISA Welfare Benefit Plans and Protection of Vested Rights: Member Services v. CE Administrators

Exhaustion Doctrine and Introduction of New Evidence in Habeas Corpus: Demarest v. Price (1997)

Admissibility of Polygraph Evidence Under Daubert: Analysis of United States v. Call

Reliability of Drug Dog Alerts and Material Omissions in Affidavits: Tenth Circuit Reverses Suppression of Evidence in Kennedy Case

Smith v. Norwest Financial: Defining Severity and Pervasiveness in Title VII Hostile Work Environment Claims

Establishing Viewpoint Neutrality in Limited Public Fora: The Tenth Circuit's Decision in Summum v. Salt Lake County

Certification of ADEA Collective Actions in Patterns and Practices Discrimination: Vaszlavik v. Storage Technology Corporation

Sutton v. United Airlines: Clarifying ADA Disability Definitions

Application of the Statute of Frauds in Real Property Contracts: A Tenth Circuit Analysis in GFF Corp. v. AWG

Affirmation of Summary Judgment in Gender Discrimination and Equal Pay Act Claims under Title VII

Clarifying Qualified Immunity Standards in False Arrest Claims: Clanton v. Cooper

United States v. Smartt: Strict Boundaries on Post-Sentencing Modifications Under 18 U.S.C. § 3582(c)

Nguyen v. Reynolds: Tenth Circuit Affirmation on AEDPA Applicability and Ineffective Assistance of Counsel

Enforcing Exhaustion of Administrative Remedies in Bivens Actions: Tenth Circuit's Landmark Decision

Association Discrimination under the ADA: Employer's Right to Terminate Based on Disabled Associate's Direct Threat

Clarifying Antitrust Standing: Direct Purchaser Rule in Tying Arrangements – Sports Racing Services, Inc. v. Sports Car Club of America, Inc.

Exhaustion of State Remedies and Procedural Default in Ineffective Assistance Claims: Parkhurst v. Shillinger

Affidavit Sufficiency and Warrant Particularity in Search and Seizure: United States v. Hargus

Constructive Discharge and Due Process: Insights from Yearous v. Niobrara County Memorial Hospital