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  • Commentaries
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10th Circuit Case Commentaries

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

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

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

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

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

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

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

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

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...
Expansion of FDCPA Scope to Include Dishonored Checks: DITTY v. CHECKRITE, LTD., INC.

Expansion of FDCPA Scope to Include Dishonored Checks: DITTY v. CHECKRITE, LTD., INC.

Date: Aug 12, 1997
Expansion of FDCPA Scope to Include Dishonored Checks: DITTY v. CHECKRITE, LTD., INC. Introduction In the landmark case of Ditty v. CheckRite, Ltd., Inc., decided on August 11, 1997, the United...
Affirmation of Summary Judgment in FLSA Retaliation Case: Conner v. Schnuck Markets

Affirmation of Summary Judgment in FLSA Retaliation Case: Conner v. Schnuck Markets

Date: Aug 6, 1997
Affirmation of Summary Judgment in FLSA Retaliation Case: Conner v. Schnuck Markets Introduction The case of Steven D. Conner v. Schnuck Markets, Inc. (121 F.3d 1390) adjudicated by the United States...
Constitutional Limits on Petition Circulator Regulations: Insights from American Constitutional Law Foundation, Inc. v. Meyer

Constitutional Limits on Petition Circulator Regulations: Insights from American Constitutional Law Foundation, Inc. v. Meyer

Date: Jul 29, 1997
Constitutional Limits on Petition Circulator Regulations: Insights from American Constitutional Law Foundation, Inc. v. Meyer Introduction The case of American Constitutional Law Foundation, Inc.;...
AFFIRMATION OF AT-WILL EMPLOYMENT AND LIMITATIONS ON RETALIATION CLAIMS: RICHMOND v. ONEOK, INC.

AFFIRMATION OF AT-WILL EMPLOYMENT AND LIMITATIONS ON RETALIATION CLAIMS: RICHMOND v. ONEOK, INC.

Date: Jul 24, 1997
Affirmation of At-Will Employment and Limitations on Retaliation Claims: Richmond v. ONEOK, Inc. Introduction In Richmond v. ONEOK, Inc., 120 F.3d 205 (10th Cir. 1997), the United States Court of...
Deliberate Indifference Standard Affirmed in Pretrial Detainee Suicide Case

Deliberate Indifference Standard Affirmed in Pretrial Detainee Suicide Case

Date: Jul 24, 1997
Deliberate Indifference Standard Affirmed in Pretrial Detainee Suicide Case Introduction The case of Deborah Barrie et al. v. Grand County, Utah et al. presents significant implications for the...
Establishing Municipal Liability for Inadequate Police Training under 42 U.S.C. §1983

Establishing Municipal Liability for Inadequate Police Training under 42 U.S.C. §1983

Date: Jul 18, 1997
Establishing Municipal Liability for Inadequate Police Training under 42 U.S.C. §1983 Introduction In the landmark case of Marilyn Allen v. Muskogee, Oklahoma, the United States Court of Appeals for...
Balancing Free Press Access and Fair Trial Rights in High-Profile Cases: Insights from United States v. McVeigh & Nichols

Balancing Free Press Access and Fair Trial Rights in High-Profile Cases: Insights from United States v. McVeigh & Nichols

Date: Jul 15, 1997
Balancing Free Press Access and Fair Trial Rights in High-Profile Cases: Insights from United States v. McVeigh & Nichols Introduction The case United States v. McVeigh and Nichols (119 F.3d 806)...
Compensatory Damages and Intentional Discrimination under ADA Title II: Analysis of Tyler v. City of Manhattan

Compensatory Damages and Intentional Discrimination under ADA Title II: Analysis of Tyler v. City of Manhattan

Date: Jul 9, 1997
Compensatory Damages and Intentional Discrimination under ADA Title II: Analysis of Tyler v. City of Manhattan Introduction The case of Lewis "Toby" Tyler v. City of Manhattan (118 F.3d 1400)...
Affirming Reasonable Suspicion and Voluntary Consent in Traffic Stops: Insights from Mendez v. USA

Affirming Reasonable Suspicion and Voluntary Consent in Traffic Stops: Insights from Mendez v. USA

Date: Jul 9, 1997
Affirming Reasonable Suspicion and Voluntary Consent in Traffic Stops: Insights from Mendez v. USA Introduction The case of United States of America v. Gustavo Mendez (118 F.3d 1426) serves as a...
Foote v. Spiegel: Defining Limits on Qualified Immunity in Roadside Detentions and Strip Searches

Foote v. Spiegel: Defining Limits on Qualified Immunity in Roadside Detentions and Strip Searches

Date: Jul 9, 1997
Foote v. Spiegel: Defining Limits on Qualified Immunity in Roadside Detentions and Strip Searches Introduction The case of Kristin Foote v. Roger Spiegel and Robert Howe (118 F.3d 1416) is a pivotal...
Jurisdiction to Resentence After Vacatur of Firearm Conviction Established

Jurisdiction to Resentence After Vacatur of Firearm Conviction Established

Date: Jul 8, 1997
Jurisdiction to Resentence After Vacatur of Firearm Conviction Established Introduction The case of United States of America v. J. Leonel Mendoza addresses a pivotal issue in federal criminal...
Res Judicata in Employment Litigation: Insights from KING v. UNOCAL CORP.

Res Judicata in Employment Litigation: Insights from KING v. UNOCAL CORP.

Date: Jul 2, 1997
Res Judicata in Employment Litigation: Insights from KING v. UNOCAL CORP. Introduction The case of Jerry L. King v. Union Oil Company of California (Unocal Corporation), adjudicated by the United...
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