10th Circuit Case Commentaries

Legal Commentary on Thompson v. City of Lawrence: Establishing Standards for Qualified Immunity and Warrantless Arrests

Date: Jul 6, 1995

Legal Commentary on Thompson v. City of Lawrence: Establishing Standards for Qualified Immunity and Warrantless Arrests Introduction The case of Ward A. Thompson and Frances S. Wisdom v. City of...

Right to Self-Representation Upheld: United States v. McKinley Commentary

Date: Jun 28, 1995

Right to Self-Representation Upheld: United States v. McKinley Commentary Introduction In United States of America v. E. LaVay McKinley, 58 F.3d 1475 (10th Cir. 1995), the Tenth Circuit Court of...

Limits on the Use of the All Writs Act in Eminent Domain Proceedings Under CERCLA

Date: Jun 22, 1995

Limits on the Use of the All Writs Act in Eminent Domain Proceedings Under CERCLA Introduction The case of United States of America v. Royal N. Hardage, et al. (58 F.3d 569) presents a significant...

Implied Employment Contracts and Procedural Due Process in At-Will Employment: Anglemyer v. Hamilton County Hospital

Date: Jun 21, 1995

Implied Employment Contracts and Procedural Due Process in At-Will Employment: Anglemyer v. Hamilton County Hospital Introduction In the landmark case of Cynthia A. Anglemyer v. Hamilton County...

Eleventh Amendment Sovereign Immunity upholds State Actions in SSI Benefit Withholding and FLSA Claims: Johns & Davies v. Stewart & Chacon

Date: Jun 21, 1995

Eleventh Amendment Sovereign Immunity Upholds State Actions in SSI Benefit Withholding and FLSA Claims Introduction In the case of Michael C. Johns; and John Davies v. Stewart & Chacon,...

Elmore v. Capstan, Inc.: Establishing Boundaries in Title VII Disparate Treatment Claims

Date: Jun 20, 1995

Elmore v. Capstan, Inc.: Establishing Boundaries in Title VII Disparate Treatment Claims Introduction In the landmark case of William E. Elmore v. Capstan, Inc., adjudicated by the United States...

Hatch v. Oklahoma: Affirming Death Penalty Under Enmund and Limited Habeas Relief

Date: Jun 15, 1995

Hatch v. Oklahoma: Affirming Death Penalty Under Enmund and Limited Habeas Relief Introduction Hatch v. Oklahoma, 58 F.3d 1447 (1995), is a pivotal case adjudicated by the United States Court of...

Exclusive Jurisdiction of Administrative Bodies in Oil and Gas Correlative Rights: Brumark Corp. v. Samson Resources

Date: Jun 14, 1995

Exclusive Jurisdiction of Administrative Bodies in Oil and Gas Correlative Rights: Brumark Corp. v. Samson Resources Introduction In the landmark case of Brumark Corporation, et al. v. Samson...

Balancing Public Employee Free Speech with Departmental Integrity: Insights from Moore v. City of Wynnewood

Date: Jun 14, 1995

Balancing Public Employee Free Speech with Departmental Integrity: Insights from Moore v. City of Wynnewood Introduction In the landmark case of Kenneth D. Moore v. City of Wynnewood, the United...

Establishing Limits on Personal Jurisdiction: Wenz v. Memery Crystal and Colorado's Long-Arm Statute

Date: Jun 1, 1995

Establishing Limits on Personal Jurisdiction: Wenz v. Memery Crystal and Colorado's Long-Arm Statute Introduction The case of Robert L. Wenz v. Memery Crystal addresses critical issues surrounding...

Enhanced Standards for Ineffective Assistance of Counsel Claims in the Tenth Circuit

Date: May 27, 1995

Enhanced Standards for Ineffective Assistance of Counsel Claims in the Tenth Circuit Introduction The case of United States of America v. George Don Galloway (56 F.3d 1239), adjudicated by the United...

Functional Impairment in Social Security Disability Claims: Evans v. Chater

Date: May 20, 1995

Functional Impairment in Social Security Disability Claims: Evans v. Chater Introduction Mary E. Evans v. Shirley E. Chater is a pivotal case decided by the United States Court of Appeals for the...

Miller Act Jurisdiction Exclusion for Tribal Housing Projects under the Self-Determination Act

Date: May 20, 1995

Miller Act Jurisdiction Exclusion for Tribal Housing Projects under the Self-Determination Act Introduction In the case of THE UNITED STATES FOR THE USE AND BENEFIT OF GENERAL ROCK SAND CORPORATION...

Non-Dischargeability of Guardian ad Litem and Psychologist Fees in Bankruptcy: In Re Sharon N. Miller

Date: May 20, 1995

Non-Dischargeability of Guardian ad Litem and Psychologist Fees in Bankruptcy Introduction In re Sharon N. Miller, Debtor is a significant case adjudicated by the United States Court of Appeals for...

Enforceability of Employer Personnel Manuals as Binding Employment Contracts: Insights from Gomez v. Martin Marietta Corp.

Date: May 17, 1995

Enforceability of Employer Personnel Manuals as Binding Employment Contracts: Insights from Gomez v. Martin Marietta Corp. Introduction The case of Gaston Gomez v. Martin Marietta Corporation (50...

Intracompany Defamation: Pearle Vision Case Establishes Clear Boundaries Under Oklahoma Law

Date: May 13, 1995

Intracompany Defamation: Pearle Vision Case Establishes Clear Boundaries Under Oklahoma Law Introduction The case of Jacqui Starr v. Pearle Vision, Inc. (54 F.3d 1548) adjudicated by the United...

Affirmation of Dismissal: Clarifying 'Under Color of State Law' in §1983 Claims Involving School Officials

Date: May 12, 1995

Affirmation of Dismissal: Clarifying 'Under Color of State Law' in §1983 Claims Involving School Officials Introduction The case of PATRICK JOJOLA et al. v. JIMMY CHAVEZ et al. revolves around the...

Individual Liability Under Title VII: Insights from Ball v. Renner

Date: May 11, 1995

Individual Liability Under Title VII: Insights from Ball v. Renner Introduction The case of Sharon H. Ball v. David Renner, City of Cheyenne, WY (54 F.3d 664) adjudicated by the United States Court...

Clarifying the 'Least Restrictive Environment' Under IDEA: No Presumption for Neighborhood Schooling in Tyler Murray v. Montrose County School District

Date: May 9, 1995

Clarifying the 'Least Restrictive Environment' Under IDEA: No Presumption for Neighborhood Schooling in Tyler Murray v. Montrose County School District Introduction Tyler Murray v. Montrose County...

Affirmative Obligations of States in Providing Legal Assistance to Inmates: Tenth Circuit Establishes Limits on Inmate Legal Services

Date: May 4, 1995

Affirmative Obligations of States in Providing Legal Assistance to Inmates: Tenth Circuit Establishes Limits on Inmate Legal Services Introduction In the landmark case Carper et al. v. Gary W. DeLand...

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