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  • Commentaries
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10th Circuit Case Commentaries

Sovereign Immunity of the US Government in Bankruptcy Proceedings: United States v. Murdock Machine and Engineering Co.

Sovereign Immunity of the US Government in Bankruptcy Proceedings: United States v. Murdock Machine and Engineering Co.

Date: Feb 4, 1996
Sovereign Immunity of the US Government in Bankruptcy Proceedings: United States v. Murdock Machine and Engineering Co. Introduction The case of United States of America v. Murdock Machine and...
NEPA Compliance in ESA Critical Habitat Designations: Insights from Catron County v. U.S. Fish and Wildlife Service

NEPA Compliance in ESA Critical Habitat Designations: Insights from Catron County v. U.S. Fish and Wildlife Service

Date: Feb 3, 1996
NEPA Compliance in ESA Critical Habitat Designations: Insights from Catron County v. U.S. Fish and Wildlife Service Introduction The case of Catron County Board of Commissioners, New Mexico v. United...
Reimposing the Automatic Stay via Rule 60(b) Without Adversary Proceedings: Insights from In Re: John H. Gledhill and Gloria K. Gledhill

Reimposing the Automatic Stay via Rule 60(b) Without Adversary Proceedings: Insights from In Re: John H. Gledhill and Gloria K. Gledhill

Date: Feb 3, 1996
Reimposing the Automatic Stay via Rule 60(b) Without Adversary Proceedings: Insights from In Re: John H. Gledhill and Gloria K. Gledhill Introduction The appellate decision in In Re: John H. Gledhill...
Elimination of Aiding and Abetting Liability Under Section 10(b): Analyzing ANIXTER v. HOME-STAKE PRODUCTION COmpany

Elimination of Aiding and Abetting Liability Under Section 10(b): Analyzing ANIXTER v. HOME-STAKE PRODUCTION COmpany

Date: Jan 30, 1996
Elimination of Aiding and Abetting Liability Under Section 10(b): Analyzing ANIXTER v. HOME-STAKE PRODUCTION COmpany Introduction ANIXTER v. HOME-STAKE PRODUCTION COmpany is a seminal case decided by...
Reopening Social Security Determinations: Insights from Marshall v. Commissioner of Social Security

Reopening Social Security Determinations: Insights from Marshall v. Commissioner of Social Security

Date: Jan 30, 1996
Reopening Social Security Determinations: Insights from Marshall v. Commissioner of Social Security Introduction Marshall v. Commissioner of Social Security, 75 F.3d 1421 (10th Cir. 1996), is a...
Procedural Default and Sufficiency of Evidence in Aggravated Kidnapping: Messer v. Roberts

Procedural Default and Sufficiency of Evidence in Aggravated Kidnapping: Messer v. Roberts

Date: Jan 24, 1996
Procedural Default and Sufficiency of Evidence in Aggravated Kidnapping: Messer v. Roberts Introduction Jerome MESSER v. Raymond ROBERTS, 74 F.3d 1009 (10th Cir. 1996), addresses critical issues...
Expansion of Title VII Anti-Retaliation Protections to Former Employees and Limitations on Compensatory Damages: Berry v. Stevinson

Expansion of Title VII Anti-Retaliation Protections to Former Employees and Limitations on Compensatory Damages: Berry v. Stevinson

Date: Jan 20, 1996
Expansion of Title VII Anti-Retaliation Protections to Former Employees and Limitations on Compensatory Damages: Berry v. Stevinson Introduction In Berry v. Stevinson, 74 F.3d 980 (Tenth Cir. 1996),...
Eleventh Amendment and Qualified Immunity in Employment Due Process: Watson v. University of Utah Medical Center

Eleventh Amendment and Qualified Immunity in Employment Due Process: Watson v. University of Utah Medical Center

Date: Jan 20, 1996
Eleventh Amendment and Qualified Immunity in Employment Due Process: Watson v. University of Utah Medical Center Introduction Watson v. University of Utah Medical Center, 75 F.3d 569 (10th Cir....
Specific Objections Required to Preserve Appellate Rights in Civil Forfeiture: United States v. Hobbs

Specific Objections Required to Preserve Appellate Rights in Civil Forfeiture: United States v. Hobbs

Date: Jan 18, 1996
Specific Objections Required to Preserve Appellate Rights in Civil Forfeiture: United States v. Hobbs Introduction The case of United States of America v. Gary B. Hobbs et al., heard by the United...
Clarifying Prison Mail Rights and Qualified Immunity Standards: Treff v. Galetka

Clarifying Prison Mail Rights and Qualified Immunity Standards: Treff v. Galetka

Date: Jan 11, 1996
Clarifying Prison Mail Rights and Qualified Immunity Standards: Treff v. Galetka Introduction Robert Shawn Treff v. Kerry Galetka, 74 F.3d 191 (10th Cir. 1996), is a seminal case addressing the...
Lost Future Profits and Reasonable Attorney’s Fees in §1983 Claims: Comprehensive Tenth Circuit Analysis in Malloy v. Monahan

Lost Future Profits and Reasonable Attorney’s Fees in §1983 Claims: Comprehensive Tenth Circuit Analysis in Malloy v. Monahan

Date: Jan 6, 1996
Lost Future Profits and Reasonable Attorney’s Fees in §1983 Claims: Comprehensive Tenth Circuit Analysis in Malloy v. Monahan Introduction In Malloy v. Monahan, the United States Court of Appeals for...
Establishing Limits on Municipal Liability under Section 1983: Insights from LANKFORD v. CITY OF HOBART

Establishing Limits on Municipal Liability under Section 1983: Insights from LANKFORD v. CITY OF HOBART

Date: Jan 5, 1996
Establishing Limits on Municipal Liability under Section 1983: Insights from LANKFORD v. CITY OF HOBART Introduction Linda K. Lankford and Nancy Calvery filed a lawsuit against the City of Hobart,...
Qualified Immunity in §1983 Due Process Claims: Liebson v. New Mexico Corrections Department

Qualified Immunity in §1983 Due Process Claims: Liebson v. New Mexico Corrections Department

Date: Jan 3, 1996
Qualified Immunity in §1983 Due Process Claims: Liebson v. New Mexico Corrections Department Introduction Liebson v. New Mexico Corrections Department is a pivotal case adjudicated by the United...
Enhanced Interpretation of Firearm "Use" Under 18 U.S.C. § 924(c) Following Bailey v. United States

Enhanced Interpretation of Firearm "Use" Under 18 U.S.C. § 924(c) Following Bailey v. United States

Date: Dec 27, 1995
Enhanced Interpretation of Firearm "Use" Under 18 U.S.C. § 924(c) Following Bailey v. United States Introduction The case of United States of America v. Wacker et al. (72 F.3d 1453) adjudicated by...
Sanctions for Improper Discovery Conduct: Resolution Trust Corporation v. Dabney

Sanctions for Improper Discovery Conduct: Resolution Trust Corporation v. Dabney

Date: Dec 23, 1995
Sanctions for Improper Discovery Conduct: Resolution Trust Corporation v. Dabney Introduction In Resolution Trust Corporation, as Receiver of Great Plains Federal Savings and Loan Association v....
Standing to Challenge Searches Under the Fourth Amendment: Insights from United States v. Conway

Standing to Challenge Searches Under the Fourth Amendment: Insights from United States v. Conway

Date: Dec 23, 1995
Standing to Challenge Searches Under the Fourth Amendment: Insights from United States v. Conway Introduction United States of America v. Quincy J. Conway, 73 F.3d 975 (10th Cir. 1995), is a pivotal...
Affirmation of Reasonable Suspicion and Probable Cause in Traffic Stops: Analysis of United States v. Parker & Sorenson

Affirmation of Reasonable Suspicion and Probable Cause in Traffic Stops: Analysis of United States v. Parker & Sorenson

Date: Dec 20, 1995
Affirmation of Reasonable Suspicion and Probable Cause in Traffic Stops: Analysis of United States v. Parker & Sorenson Introduction The case of United States of America v. Randy Alan Parker; John...
Attorney-Client Privilege and the Crime-Fraud Exception in Employment Discrimination: Motley v. Marathon Oil Co.

Attorney-Client Privilege and the Crime-Fraud Exception in Employment Discrimination: Motley v. Marathon Oil Co.

Date: Dec 16, 1995
Attorney-Client Privilege and the Crime-Fraud Exception in Employment Discrimination: Motley v. Marathon Oil Co. Introduction MARTA M. MOTLEY v. MARATHON OIL COMPANY (71 F.3d 1547) is a significant...
Establishing Arbitrability of Employment Discrimination Claims Under the NASD Code: Armijo v. Prudential Insurance

Establishing Arbitrability of Employment Discrimination Claims Under the NASD Code: Armijo v. Prudential Insurance

Date: Dec 16, 1995
Establishing Arbitrability of Employment Discrimination Claims Under the NASD Code: Armijo v. Prudential Insurance Introduction The case of Jake Armijo, Linda Hourigan, and Pete Fuentes v. Prudential...
Credibility Determinations in SSI Applications: Insights from Bean v. Chater

Credibility Determinations in SSI Applications: Insights from Bean v. Chater

Date: Dec 8, 1995
Credibility Determinations in SSI Applications: Insights from Bean v. Chater Introduction The case of Lois Bean v. Shirley S. Chater, adjudicated by the United States Court of Appeals for the Tenth...
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