10th Circuit Case Commentaries

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

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

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

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

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

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...

Brady Materiality in Criminal Appeals: The Trujillo Case

Date: Feb 24, 1998

Brady Materiality in Criminal Appeals: The Trujillo Case Introduction The case of United States of America v. Charles Lee Trujillo (136 F.3d 1388) serves as a pivotal examination of the BRADY v....

Frontier Refining Inc. v. Gorman-Rupp Co.: Clarifying Waiver of Attorney-Client Privilege and Work Product Doctrine in Indemnity Actions

Date: Feb 14, 1998

Frontier Refining Inc. v. Gorman-Rupp Co.: Clarifying Waiver of Attorney-Client Privilege and Work Product Doctrine in Indemnity Actions Introduction In Frontier Refining Inc., a Wyoming corporation...

Reasonable Suspicion and Investigative Detention in Traffic Stops: Insights from United States v. Hunnicutt

Date: Feb 10, 1998

Reasonable Suspicion and Investigative Detention in Traffic Stops: Insights from United States v. Hunnicutt Introduction United States of America v. Denny Ray Hunnicutt is a pivotal case adjudicated...

Sellers v. Ward: Affirmation of Habeas Corpus Standards in Multiple Personality Disorder Defense

Date: Feb 5, 1998

Sellers v. Ward: Affirmation of Habeas Corpus Standards in Multiple Personality Disorder Defense Introduction In Sellers v. Ward, 135 F.3d 1333 (10th Cir. 1998), the United States Court of Appeals...

Balancing Probative Value and Prejudicial Risk: Tenth Circuit Upholds Rule 403 Application to Rule 413 Evidence in Sexual Assault Case

Date: Feb 3, 1998

Balancing Probative Value and Prejudicial Risk: Tenth Circuit Upholds Rule 403 Application to Rule 413 Evidence in Sexual Assault Case Introduction In the landmark case of United States of America v....

Affirmation of NCAA's Antitrust Violation: Enhancing the Rule of Reason in Sports Law

Date: Jan 24, 1998

Affirmation of NCAA's Antitrust Violation: Enhancing the Rule of Reason in Sports Law Introduction The case of Norman LAW, Andrew Greer, Peter Herrmann, Michael Jarvis, Jr., and Charles M. Rieb,...

Abatement of Malicious Prosecution Claims Upon Defendant's Death: Insights from Melton Pietrowski v. Town of Dibble

Date: Jan 22, 1998

Abatement of Malicious Prosecution Claims Upon Defendant's Death: Insights from Melton Pietrowski v. Town of Dibble Introduction The case of Melton Pietrowski v. Town of Dibble, adjudicated by the...

Establishing the Constitutionality of Fed.R.Evid. 413 in Sexual Assault Cases: Enjady v. United States

Date: Jan 21, 1998

Establishing the Constitutionality of Fed.R.Evid. 413 in Sexual Assault Cases: Enjady v. United States Introduction The case of United States of America v. Kerry Neil Enjady (134 F.3d 1427)...

Frustration of Purpose in Plea Agreements: Reinstatement of Dismissed Counts in Bunner Case

Date: Jan 21, 1998

Frustration of Purpose in Plea Agreements: Reinstatement of Dismissed Counts in Bunner Case Introduction The legal landscape surrounding plea agreements was notably shaped by the United States of...

Affirmation of Dual Sovereignty and Rejection of Sham Prosecution in Double Jeopardy Claims: United States v. Trammell

Date: Jan 13, 1998

Affirmation of Dual Sovereignty and Rejection of Sham Prosecution in Double Jeopardy Claims: United States v. Trammell Introduction United States of America v. Michael W. Trammell, 133 F.3d 1343...

Double Jeopardy Clarified: Tenth Circuit's Decision in Lucero v. Kerby

Date: Jan 9, 1998

Double Jeopardy Clarified: Tenth Circuit's Decision in Lucero v. Kerby Introduction In Raymond Lucero v. Dareld L. Kerby, decided on January 8, 1998, by the United States Court of Appeals for the...

Affirming 'Intent to Conceal' in Attempted Money Laundering: Legal Insights from United States v. Wolny, 10th Cir. 1998

Date: Jan 7, 1998

Affirming 'Intent to Conceal' in Attempted Money Laundering: Legal Insights from United States v. Wolny, 10th Cir. 1998 Introduction The case of United States of America v. Boleslaw Wolny, 133 F.3d...

Abuse of Discretion in Dismissal for Failure to Respond: Tenth Circuit Reverses District Court in Murray v. Archambo

Date: Jan 3, 1998

Abuse of Discretion in Dismissal for Failure to Respond: Tenth Circuit Reverses District Court in Murray v. Archambo Introduction The case of Curtis L. Murray, Jr. v. Curt Archambo, adjudicated by...

Interpreting "Significant Work-Related Limitations" Under Section 12.05C: Insights from Hinkle v. Apfel

Date: Dec 25, 1997

Interpreting "Significant Work-Related Limitations" Under Section 12.05C: Insights from Hinkle v. Apfel Introduction Hinkle v. Apfel, decided by the United States Court of Appeals for the Tenth...

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