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  • Commentaries
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10th Circuit Case Commentaries

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

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

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

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

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

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

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

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

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),...
Tenth Circuit Establishes Actual Public Disclosure Standard for FCA Qui Tam Actions

Tenth Circuit Establishes Actual Public Disclosure Standard for FCA Qui Tam Actions

Date: Jul 25, 1996
Tenth Circuit Establishes Actual Public Disclosure Standard for FCA Qui Tam Actions Introduction In the case of UNITED STATES ex rel. Susan Ramseyer v. Century Healthcare Corporation, the United...
Equitable Estoppel and Continuing Wrong Doctrine Established in Tiberi v. CIGNA

Equitable Estoppel and Continuing Wrong Doctrine Established in Tiberi v. CIGNA

Date: Jul 24, 1996
Equitable Estoppel and Continuing Wrong Doctrine Established in Tiberi v. CIGNA Introduction Tiberi v. CIGNA Corporation, 89 F.3d 1423 (10th Cir. 1996), is a seminal case that addresses the...
Establishing Res Ipsa Loquitur in Vending Machine Injury Cases: Kieffer v. Weston Land, Inc.

Establishing Res Ipsa Loquitur in Vending Machine Injury Cases: Kieffer v. Weston Land, Inc.

Date: Jul 24, 1996
Establishing Res Ipsa Loquitur in Vending Machine Injury Cases: Kieffer v. Weston Land, Inc. Introduction The case of Richard Kieffer v. Weston Land, Inc. addresses crucial aspects of negligence law,...
Exhaustion of Administrative Remedies and Appropriate Educational Placement: Insights from Urban v. Jefferson County School District R-1

Exhaustion of Administrative Remedies and Appropriate Educational Placement: Insights from Urban v. Jefferson County School District R-1

Date: Jul 17, 1996
Exhaustion of Administrative Remedies and Appropriate Educational Placement: Insights from Urban v. Jefferson County School District R-1 Introduction The case Gregory G. Urban v. Jefferson County...
Defining the Boundaries of Consent and Plain View in Vehicle Searches: United States v. Sanchez

Defining the Boundaries of Consent and Plain View in Vehicle Searches: United States v. Sanchez

Date: Jul 16, 1996
Defining the Boundaries of Consent and Plain View in Vehicle Searches: United States v. Sanchez Introduction United States of America v. Robert W. Sanchez, 89 F.3d 715 (10th Cir. 1996), represents a...
Tenth Circuit Reinforces Employer Liability Under Title VII: Individual Supervisors Not Personally Liable

Tenth Circuit Reinforces Employer Liability Under Title VII: Individual Supervisors Not Personally Liable

Date: Jul 13, 1996
Tenth Circuit Reinforces Employer Liability Under Title VII: Individual Supervisors Not Personally Liable Introduction The case of Haynes; Dean v. Williams et al. adjudicated by the United States...
Timeliness and Adequacy of Discovery Motions: Insights from Pulsecard, Inc. v. Discover Card Services, Inc.

Timeliness and Adequacy of Discovery Motions: Insights from Pulsecard, Inc. v. Discover Card Services, Inc.

Date: Jul 13, 1996
Timeliness and Adequacy of Discovery Motions: Insights from Pulsecard, Inc. v. Discover Card Services, Inc. Introduction Pulsecard, Inc., a Kansas corporation, filed a lawsuit against Discover Card...
Liberty Interest in Parole Eligibility: Lasiter v. Thomas (10th Cir. 1996)

Liberty Interest in Parole Eligibility: Lasiter v. Thomas (10th Cir. 1996)

Date: Jul 11, 1996
Liberty Interest in Parole Eligibility: Lasiter v. Thomas (10th Cir. 1996) Introduction Shane Eric Lasiter v. John Thomas; Warden, Attorney General of the State of New Mexico is a pivotal case...
Prison Litigation Reform Act Extends In Forma Pauperis Restrictions to Mandamus Petitions: Green v. Nottingham

Prison Litigation Reform Act Extends In Forma Pauperis Restrictions to Mandamus Petitions: Green v. Nottingham

Date: Jul 11, 1996
Prison Litigation Reform Act Extends In Forma Pauperis Restrictions to Mandamus Petitions: Green v. Nottingham Introduction In Clovis Carl Green, Jr. v. Honorable Edward W. Nottingham, 90 F.3d 415...
Lifting Recognized as a Major Life Activity under ADA in Lowe v. Angelo's Italian Foods

Lifting Recognized as a Major Life Activity under ADA in Lowe v. Angelo's Italian Foods

Date: Jul 3, 1996
Lifting Recognized as a Major Life Activity under ADA in Lowe v. Angelo's Italian Foods Introduction Lowe v. Angelo's Italian Foods, Inc., 87 F.3d 1170 (10th Cir. 1996), is a pivotal case addressing...
Federal Standing to Challenge State Ethics Rules: United States v. Colorado Supreme Court

Federal Standing to Challenge State Ethics Rules: United States v. Colorado Supreme Court

Date: Jun 29, 1996
Federal Standing to Challenge State Ethics Rules: United States v. Colorado Supreme Court Introduction The case of United States of America v. Colorado Supreme Court represents a significant judicial...
Establishing Personal Jurisdiction Over Foreign Nationals in SEC Subpoena Enforcement

Establishing Personal Jurisdiction Over Foreign Nationals in SEC Subpoena Enforcement

Date: Jun 21, 1996
Establishing Personal Jurisdiction Over Foreign Nationals in SEC Subpoena Enforcement Introduction The case In the Matter of an Application to Enforce Administrative Subpoenas Duces Tecum of the...
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