10th Circuit Case Commentaries

Expanding the Boundaries of ADEA Claims: Greene v. Safeway Stores, Inc.

Date: Oct 16, 1996

Expanding the Boundaries of ADEA Claims: Greene v. Safeway Stores, Inc. Introduction The case of Robert D. Greene v. Safeway Stores, Inc., adjudicated by the United States Court of Appeals for the...

Affirmation of Jury Verdict and High Threshold for Judgment as a Matter of Law in Medical Malpractice: Weese v. Schukman

Date: Oct 16, 1996

Affirmation of Jury Verdict and High Threshold for Judgment as a Matter of Law in Medical Malpractice: Weese v. Schukman Introduction The case of Calvin L. Weese, Jr. v. Jay S. Schukman, M.D....

Complete Preemption and Jurisdiction in Employment Termination: Curtis Schmeling v. NORDAM

Date: Oct 5, 1996

Complete Preemption and Jurisdiction in Employment Termination: Curtis Schmeling v. NORDAM Introduction The case of Curtis Schmeling v. NORDAM revolved around the termination of Mr. Schmeling's...

Vesting of Welfare Benefits Under ERISA: Tenth Circuit's Interpretation in Chiles v. Ceridian Corporation

Date: Sep 19, 1996

Vesting of Welfare Benefits Under ERISA: Tenth Circuit's Interpretation in Chiles v. Ceridian Corporation Introduction The case of LEO W. CHILES et al. v. CERIDIAN CORPORATION; SEAGATE TECHNOLOGIES,...

Defining 'Religion' under RFRA: United States v. David Meyers

Date: Sep 7, 1996

Defining 'Religion' under RFRA: United States v. David Meyers Introduction The case of United States of America v. David Meyers (95 F.3d 1475) presents a pivotal moment in the interpretation of the...

Redefining 'Protected Activity' under FLSA Retaliation: McKenzie v. Renberg's Inc.

Date: Sep 5, 1996

Redefining 'Protected Activity' under FLSA Retaliation: McKenzie v. Renberg's Inc. Introduction In the landmark case Lori G. McKenzie v. Renberg's Inc., and Robert Renberg, adjudicated by the United...

Clarifying Reasonable Suspicion in Investigative Detentions: Davis v. United States

Date: Sep 4, 1996

Clarifying Reasonable Suspicion in Investigative Detentions: Davis v. United States Introduction Davis v. United States, 94 F.3d 1465 (10th Cir. 1996), is a pivotal case that addresses the standards...

Interpreter Adequacy in Miranda Waivers: A Comprehensive Commentary on United States v. Hernandez and Silva

Date: Aug 31, 1996

Interpreter Adequacy in Miranda Waivers: A Comprehensive Commentary on United States v. Hernandez and Silva Introduction In the landmark case of United States v. Pablo Hernandez; Suleima Silva, 93...

Affirmation of Disparate Treatment and Impact Standards under Title VII: The York v. AT&T Decision

Date: Aug 28, 1996

Affirmation of Disparate Treatment and Impact Standards under Title VII: The York v. AT&T Decision Introduction The case of Patricia York v. American Telephone & Telegraph Company (AT&T) involves...

First Amendment Parody Exception in Publicity Rights: Cardtoons, L.C. v. MLBPA

Date: Aug 28, 1996

First Amendment Parody Exception in Publicity Rights: Cardtoons, L.C. v. MLBPA Introduction The case Cardtoons, L.C. v. Major League Baseball Players Association (MLBPA) explores the intersection of...

Non-Indispensability of Parties under FRCP 19: Insights from Rishell v. Marriott Corp.

Date: Aug 27, 1996

Non-Indispensability of Parties under FRCP 19: Insights from Rishell v. Marriott Corp. Introduction The case of Max Lee Rishell, Curator of the person and estate of Kathleen Lacey, an incapacitated...

Tenth Circuit Clarifies Access to Legal Resources and Limits Qualified Immunity in Prisoner Retaliation Claims

Date: Aug 27, 1996

Tenth Circuit Clarifies Access to Legal Resources and Limits Qualified Immunity in Prisoner Retaliation Claims Introduction In the case of Donald Adam Penrod v. Aristedes Zavras et al., decided by...

10th Circuit Applies Younger Abstention to ICWA Adoption Proceedings: Morrow v. Winslow

Date: Aug 24, 1996

10th Circuit Applies Younger Abstention to ICWA Adoption Proceedings: Morrow v. Winslow Introduction In the case of Robert Lloyd Morrow, Plaintiff-Appellant v. The Honorable David Winslow; John Doe;...

Grimsley v. Mackay: Clarifying Supervisory Liability and Eighth Amendment Standards in §1983 Claims

Date: Aug 17, 1996

Grimsley v. Mackay: Clarifying Supervisory Liability and Eighth Amendment Standards in §1983 Claims Introduction In the landmark case of Mike Lee Grimsley v. Terry Mackay et al., adjudicated on...

Adherence to Medical Expertise in Disability Determinations: The Landmark Winfrey v. Chater Decision

Date: Aug 8, 1996

Adherence to Medical Expertise in Disability Determinations: The Landmark Winfrey v. Chater Decision Introduction In the pivotal case of Winfrey v. Chater, decided by the United States Court of...

Defining 'Crime of Violence' and Prior Convictions under U.S. Sentencing Guidelines: Insights from United States v. Farnsworth

Date: Aug 7, 1996

Defining 'Crime of Violence' and Prior Convictions under U.S. Sentencing Guidelines: Insights from United States v. Farnsworth Introduction United States of America v. Charles Verdel Farnsworth, 92...

Exhaustion of Administrative Remedies as a Jurisdictional Prerequisite in Title VII Actions: Insights from Janet Jones v. Runyon

Date: Aug 1, 1996

Exhaustion of Administrative Remedies as a Jurisdictional Prerequisite in Title VII Actions: Insights from Janet Jones v. Runyon Introduction The case of Janet Jones v. Marvin T. Runyon, Postmaster...

Application of Colorado's Certificate of Review Statute in Federal Diversity Jurisdiction Cases

Date: Jul 30, 1996

Application of Colorado's Certificate of Review Statute in Federal Diversity Jurisdiction Cases Introduction In the case of Daniel J. Trierweiler v. Croxton and Trench Holding Corporation et al., the...

Intent to Deceive Essential for Non-Dischargeability Under 11 U.S.C. §523(a)(2)(A) in Attorney-Client Business Transactions

Date: Jul 27, 1996

Intent to Deceive Essential for Non-Dischargeability Under 11 U.S.C. §523(a)(2)(A) in Attorney-Client Business Transactions Introduction The case of In re: Robert J. Young and Donna M. Young, Debtors...

Affirmation of Abuse of Discretion Standard in Prosecutorial Misconduct Cases: United States v. Gabaldon

Date: Jul 27, 1996

Affirmation of Abuse of Discretion Standard in Prosecutorial Misconduct Cases: United States v. Gabaldon Introduction United States of America v. Steve Edward Gabaldon, 91 F.3d 91 (10th Cir. 1996),...

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