10th Circuit Case Commentaries

Time-Barred Title VII and Preemption of Constitutional Claims Confirmed in Belhomme v. Widnall

Date: Oct 15, 1997

Time-Barred Title VII and Preemption of Constitutional Claims Confirmed in Belhomme v. Widnall Introduction The case of Renaud Belhomme v. Sheila Widnall, Secretary of the Department of the Air Force...

Enhancing the Standards for Qualified Immunity: Comprehensive Analysis of Breidenbach et al. v. Bolish

Date: Oct 11, 1997

Enhancing the Standards for Qualified Immunity: Comprehensive Analysis of Breidenbach et al. v. Bolish Introduction In the landmark case of Breidenbach et al. v. Bolish, the United States Court of...

Younger Abstention and Federalism: Tenth Circuit's Decision in Taylor v. Jaquez Et Al

Date: Oct 11, 1997

Younger Abstention and Federalism: Tenth Circuit's Decision in Taylor v. Jaquez Et Al Introduction The case of Zachary Taylor, as Executor of the Estate of Jack T. Taylor, Jr., Deceased; Taylor...

Comprehensive Commentary on J.B. v. Washington County: Affirmation of Procedural and Substantive Due Process Protections in Child Custody Investigations

Date: Oct 8, 1997

Affirmation of Procedural and Substantive Due Process Protections in Child Custody Investigations: A Commentary on J.B. v. Washington County Introduction The case J.B., Individually, and for Her...

Choice of Law Determination Essential for Arbitration Clause Materiality under UCC 2-207: Insights from Avedon Engineering, Inc. v. Seatex

Date: Oct 4, 1997

Choice of Law Determination Essential for Arbitration Clause Materiality under UCC 2-207: Insights from Avedon Engineering, Inc. v. Seatex Introduction The case of Avedon Engineering, Inc. v. Seatex...

Ripeness in Takings Claims: SK Finance SA v. La Plata County

Date: Oct 2, 1997

Ripeness in Takings Claims: SK Finance SA v. La Plata County Introduction In the case of SK Finance SA v. La Plata County, the United States Court of Appeals for the Tenth Circuit addressed critical...

Strict Interpretation of "Writing" in Bankruptcy Fraud Exceptions: In re Kaspar

Date: Oct 1, 1997

Strict Interpretation of "Writing" in Bankruptcy Fraud Exceptions: In re Kaspar Introduction The case of In re Kaspar (125 F.3d 1358, 1997) represents a significant precedent in bankruptcy law,...

Standards for Subpoena Duces Tecum Enforcement in Pro Se Prisoner Litigation: Windsor v. Martindale and Smith

Date: Sep 23, 1997

Standards for Subpoena Duces Tecum Enforcement in Pro Se Prisoner Litigation: Windsor v. Martindale and Smith Introduction The case of Michael Duane Windsor v. Lieutenant John Martindale and Sergeant...

Qualified Immunity and Fourth Amendment Protections in Lawmaster v. Ward

Date: Sep 19, 1997

Qualified Immunity and Fourth Amendment Protections in Lawmaster v. Ward Introduction In John Lawmaster v. P. Blair Ward et al., 125 F.3d 1341 (10th Cir. 1997), the United States Court of Appeals for...

Application of Res Judicata to Supplemental Claims in Employment Discrimination: Insights from Nwosun v. General Mills Restaurants, Inc.

Date: Sep 9, 1997

Application of Res Judicata to Supplemental Claims in Employment Discrimination: Insights from Nwosun v. General Mills Restaurants, Inc. Introduction Nwosun v. General Mills Restaurants, Inc. is a...

Tenth Circuit Clarifies Rule 9(b) Pleading Standards for Securities Section 11 and 10(b) Claims

Date: Sep 6, 1997

Tenth Circuit Clarifies Rule 9(b) Pleading Standards for Securities Section 11 and 10(b) Claims Introduction In Arthur M. Schwartz v. Celestial Seasonings, Inc., the United States Court of Appeals...

Strengthening ADA Protections Against Intrusive Drug Testing Policies: Roe v. Cheyenne Mountain Conference Resort

Date: Sep 3, 1997

Strengthening ADA Protections Against Intrusive Drug Testing Policies: Roe v. Cheyenne Mountain Conference Resort Introduction In the landmark case of Jane Roe v. Cheyenne Mountain Conference Resort,...

US Forest Service Timber Sale Approval Upheld: Compliance with NEPA, NFMA, and APA Affirmed

Date: Aug 28, 1997

US Forest Service Timber Sale Approval Upheld: Compliance with NEPA, NFMA, and APA Affirmed Introduction The case of Friends of the Bow et al. v. Thompson et al. (124 F.3d 1210) revolves around a...

Limits on Secured Creditors’ Outside Payments Under Chapter 13 Bankruptcy Plans

Date: Aug 27, 1997

Limits on Secured Creditors’ Outside Payments Under Chapter 13 Bankruptcy Plans Introduction In Re: Gary Talbot and Sherry Talbot, Debtors. United States of America, Appellant, v. Barbara W. Richman,...

Grossman v. Novell, Inc.: Upholding the 'Bespeaks Caution' Doctrine in Securities Fraud Claims

Date: Aug 21, 1997

Grossman v. Novell, Inc.: Upholding the 'Bespeaks Caution' Doctrine in Securities Fraud Claims Introduction Grossman v. Novell, Inc. is a significant appellate decision from the United States Court...

Sufficiency of Evidence in Aiding and Abetting Murder: Wingfield v. Massie

Date: Aug 20, 1997

Sufficiency of Evidence in Aiding and Abetting Murder: Wingfield v. Massie Introduction Wingfield v. Massie, 122 F.3d 1329 (10th Cir. 1997), is a pivotal case that explores the boundaries of evidence...

Applying Younger Abstention Doctrine in Section 1983 Relief Against State Prosecutorial Actions

Date: Aug 16, 1997

Applying Younger Abstention Doctrine in Section 1983 Relief Against State Prosecutorial Actions Introduction The case FRED W. PHELPS, SR. et al. v. JOAN HAMILTON et al. (122 F.3d 885) adjudicated by...

Establishing Precedent on Attorney’s Fees Awards under 42 U.S.C. § 1988: Phelps v. Hamilton

Date: Aug 13, 1997

Establishing Precedent on Attorney’s Fees Awards under 42 U.S.C. § 1988: Phelps v. Hamilton Introduction Phelps v. Hamilton is a pivotal case decided by the United States Court of Appeals for the...

Balancing Full Faith and Credit with §1983: Insights from Phelps v. Hamilton

Date: Aug 13, 1997

Balancing Full Faith and Credit with §1983: Insights from Phelps v. Hamilton Introduction Phelps v. Hamilton, 122 F.3d 1309 (10th Cir. 1997), is a pivotal case that addresses the interplay between...

Balancing Rape Shield Protections and Defendant's Rights: A Comprehensive Analysis of Richmond v. Embry

Date: Aug 12, 1997

Balancing Rape Shield Protections and Defendant's Rights: A Comprehensive Analysis of Richmond v. Embry Introduction Richmond v. Embry, 122 F.3d 866 (10th Cir. 1997), is a pivotal case that examines...

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