10th Circuit Case Commentaries

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,...

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

Date: Oct 24, 1997

Exhaustion of State Remedies and Procedural Default in Ineffective Assistance Claims: Parkhurst v. Shillinger Introduction Derrick R. Parkhurst v. Duane Shillinger is a seminal case adjudicated by...

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

Date: Oct 23, 1997

Affidavit Sufficiency and Warrant Particularity in Search and Seizure: United States v. Hargus Introduction In the landmark case of United States of America v. Charley Hargus, 128 F.3d 1358 (10th...

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

Date: Oct 22, 1997

Constructive Discharge and Due Process: Insights from Yearous v. Niobrara County Memorial Hospital Introduction In Yearous; Crisman; Robinson; and Frahm v. Niobrara County Memorial Hospital, the...

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...

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10th Circuit Case Commentaries

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

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

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

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

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

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

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

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

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

Qualified Immunity and Fourth Amendment Protections in Lawmaster v. Ward

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

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

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

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

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