10th Circuit Case Commentaries

Limitations on Clean Water Act Applicability and Preliminary Injunctions in Chemical Weapons Disposal: Tenth Circuit's Affirmation

Date: Apr 23, 1997

Limitations on Clean Water Act Applicability and Preliminary Injunctions in Chemical Weapons Disposal: Tenth Circuit's Affirmation Introduction The case of Chemical Weapons Working Group, Inc....

Affirmation of Summary Judgment in Seymore v. Shawver Sons, Inc.: Limiting Union Liability under Title VII

Date: Apr 19, 1997

Affirmation of Summary Judgment in Seymore v. Shawver Sons, Inc.: Limiting Union Liability under Title VII Introduction The case of Lou Ella Seymore versus Shawver Sons, Inc. and the International...

T.A.O., Inc. v. Towerridge, Inc.: Defining the Limits of the Bad-Faith Exception under the Miller Act

Date: Apr 16, 1997

T.A.O., Inc. v. Towerridge, Inc.: Defining the Limits of the Bad-Faith Exception under the Miller Act Introduction The case of T.A.O., Inc. v. Towerridge, Inc. (111 F.3d 758) adjudicated by the...

United States v. Simmonds: Precedents on Certificate of Appealability and Civil Action Definitions under 28 U.S.C.

Date: Apr 15, 1997

United States v. Simmonds: Precedents on Certificate of Appealability and Civil Action Definitions under 28 U.S.C. Introduction The case of United States of America v. Christopher Simmonds,...

Aerotech Inc. v. Estes: Clarifying the Awarding of Costs under Federal Rule 54(d)

Date: Apr 12, 1997

Aerotech Inc. v. Estes: Clarifying the Awarding of Costs under Federal Rule 54(d) Introduction The legal landscape surrounding the awarding of costs and attorneys' fees in civil litigation underwent...

Effective Assistance of Counsel in Capital Cases: The Williamson v. Ward Precedent

Date: Apr 11, 1997

Effective Assistance of Counsel in Capital Cases: The Williamson v. Ward Precedent Introduction Ronald Keith Williamson v. Ronald Ward is a landmark case decided by the United States Court of Appeals...

Qualified Immunity and Due Process in Protective Order Enforcement: Hollingsworth v. Hill

Date: Apr 5, 1997

Qualified Immunity and Due Process in Protective Order Enforcement: Hollingsworth v. Hill Introduction Patricia A. Hollingsworth v. Arnold Hill is a significant case adjudicated by the United States...

Affirmation of Perjury and Conspiracy Convictions: Insights from United States v. Sinclair

Date: Mar 27, 1997

Affirmation of Perjury and Conspiracy Convictions: Insights from United States of America v. Michael Sinclair Introduction In United States of America v. Michael Paul Dale Sinclair, 109 F.3d 1527...

Enhanced Mootness Doctrine in ESA Consultations: Southern Utah Wilderness Alliance v. Smith

Date: Mar 26, 1997

Enhanced Mootness Doctrine in ESA Consultations: Southern Utah Wilderness Alliance v. Smith Introduction The case of Southern Utah Wilderness Alliance (SUWA) v. Verlin Smith et al., adjudicated by...

Affirmation of Summary Judgment Standards in ADA Discrimination: Morgan v. Hilti Inc.

Date: Mar 19, 1997

Affirmation of Summary Judgment Standards in ADA Discrimination: Morgan v. Hilti Inc. Introduction In the case of Tanya Morgan v. Hilti, Inc., adjudicated by the United States Court of Appeals for...

Tenth Circuit Clarifies Standards for Excessive Force and Medical Indifference under the Eighth Amendment

Date: Mar 15, 1997

Tenth Circuit Clarifies Standards for Excessive Force and Medical Indifference under the Eighth Amendment Introduction In the landmark case Rickke L. Green v. Charlie Branson, et al., decided on...

Tenth Circuit Establishes Rigorous Standards for Denying Bankruptcy Discharge in Brown v. Gullickson

Date: Mar 13, 1997

Tenth Circuit Establishes Rigorous Standards for Denying Bankruptcy Discharge in Brown v. Gullickson Introduction The case of In re Guy Benny Brown revolves around the denial of bankruptcy discharge...

Rodriguez-Aguirre: Affirming Double Jeopardy Boundaries and Upholding Jury Selection Procedures

Date: Mar 12, 1997

Rodriguez-Aguirre: Affirming Double Jeopardy Boundaries and Upholding Jury Selection Procedures Introduction The case of United States of America v. Gabriel Rodriguez-Aguirre (108 F.3d 1228) presents...

Hoxsie v. Kerby: Clarifying Standards for Prosecutorial Misconduct and Effective Counsel in Federal Habeas Corpus Review

Date: Mar 12, 1997

Hoxsie v. Kerby: Clarifying Standards for Prosecutorial Misconduct and Effective Counsel in Federal Habeas Corpus Review Introduction Gary Randall Hoxsie, an inmate at the Central New Mexico...

Enhanced Due Process in Administrative Forfeiture: US v. Joe Earl Rodgers

Date: Mar 12, 1997

Enhanced Due Process in Administrative Forfeiture: United States v. Joe Earl Rodgers Introduction United States of America v. Joe Earl Rodgers, 108 F.3d 1247 (10th Cir. 1997), is a pivotal case...

Establishing Precedent on Gender-Plus Discrimination under Title VII

Date: Mar 11, 1997

Establishing Precedent on Gender-Plus Discrimination under Title VII Introduction The case of Stephanie Coleman v. B-G Maintenance Management of Colorado, Inc. addresses critical issues of employment...

Discretionary Function Exception Affirmed in FTCA Claims: Tippett v. United States

Date: Mar 11, 1997

Discretionary Function Exception Affirmed in FTCA Claims: Tippett v. United States Introduction In FRANK TIPPETT and JUDY RAND v. UNITED STATES OF AMERICA and ROBERT LOWE, dba Best Adventures, the...

Affirmation of District Courts' Authority to Issue Certificates of Appealability under AEDPA: Houchin v. Zavaras

Date: Feb 28, 1997

Affirmation of District Courts' Authority to Issue Certificates of Appealability under AEDPA: Houchin v. Zavaras Introduction Houchin v. Zavaras, 107 F.3d 1465 (10th Cir. 1997), presents a pivotal...

Establishing Reasonable Suspicion and Valid Waiver of Miranda Rights in Traffic Stops: Analysis of United States v. Toro-Pelaez

Date: Feb 27, 1997

Establishing Reasonable Suspicion and Valid Waiver of Miranda Rights in Traffic Stops: Analysis of United States v. Toro-Pelaez Introduction In the case of United States of America v. Delfin Eduardo...

Defining the Limits of Consent Searches in Traffic Stops: Elliott v. United States

Date: Feb 25, 1997

Defining the Limits of Consent Searches in Traffic Stops: Elliott v. United States Introduction In the landmark case of United States of America v. Asta M. Elliott, 107 F.3d 810 (10th Cir. 1997), the...

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