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  • Commentaries
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10th Circuit Case Commentaries

Transferor Forum Law Applies to Federal Rule 10b-5 Securities Actions: Tenth Circuit Establishes Precedent

Transferor Forum Law Applies to Federal Rule 10b-5 Securities Actions: Tenth Circuit Establishes Precedent

Date: Feb 27, 1996
Transferor Forum Law Applies to Federal Rule 10b-5 Securities Actions: Tenth Circuit Establishes Precedent Introduction In the case of Bernard Olcott v. Delaware Flood Company et al., the United...
Equitable Tolling and Mental Incapacity in Employment Discrimination: An Analysis of Ste v. Biester

Equitable Tolling and Mental Incapacity in Employment Discrimination: An Analysis of Ste v. Biester

Date: Feb 27, 1996
Equitable Tolling and Mental Incapacity in Employment Discrimination: An Analysis of Ste v. Biester Introduction Ste v. Biester, 77 F.3d 1264 (10th Cir. 1996), is a significant appellate decision by...
Limits of Substantive Due Process in School Contexts: Abeyta v. Chama Valley Independent School District

Limits of Substantive Due Process in School Contexts: Abeyta v. Chama Valley Independent School District

Date: Feb 23, 1996
Limits of Substantive Due Process in School Contexts: Abeyta v. Chama Valley Independent School District Introduction In Stephanie Abeyta v. Chama Valley Independent School District, the United...
Establishing Precedent on Qualified Immunity and Duty to Intervene in Excessive Force Cases: Mick v. Brewer et al.

Establishing Precedent on Qualified Immunity and Duty to Intervene in Excessive Force Cases: Mick v. Brewer et al.

Date: Feb 21, 1996
Establishing Precedent on Qualified Immunity and Duty to Intervene in Excessive Force Cases: Mick v. Brewer et al. Introduction The case of Marilyn Mick et al. v. Brewer et al. adjudicated by the...
Magistrate Judge Authority and Criminal History Calculation in Ciapponi v. United States

Magistrate Judge Authority and Criminal History Calculation in Ciapponi v. United States

Date: Feb 21, 1996
Magistrate Judge Authority and Criminal History Calculation in Ciapponi v. United States Introduction United States of America v. George M. Ciapponi is a pivotal case adjudicated by the United States...
Marx v. Schnuck Markets: Tenth Circuit Clarifies Retaliation Standards under FLSA and ADEA

Marx v. Schnuck Markets: Tenth Circuit Clarifies Retaliation Standards under FLSA and ADEA

Date: Feb 8, 1996
Marx v. Schnuck Markets: Tenth Circuit Clarifies Retaliation Standards under FLSA and ADEA Introduction Marx v. Schnuck Markets, Inc., 76 F.3d 324 (10th Cir. 1996), is a pivotal case that addresses...
Ensuring Fairness in Capital Sentencing: Avoiding Duplicative Aggravating Factors

Ensuring Fairness in Capital Sentencing: Avoiding Duplicative Aggravating Factors

Date: Feb 6, 1996
Ensuring Fairness in Capital Sentencing: Avoiding Duplicative Aggravating Factors Introduction The case of UNITED STATES of America v. John Javilo McCullah (76 F.3d 1087) presents a pivotal moment in...
Clarifying State Action in Civil Rights Litigation: A Comprehensive Analysis of Pino v. Higgs et al. [10th Cir. 1996]

Clarifying State Action in Civil Rights Litigation: A Comprehensive Analysis of Pino v. Higgs et al. [10th Cir. 1996]

Date: Feb 6, 1996
Clarifying State Action in Civil Rights Litigation: A Comprehensive Analysis of Pino v. Higgs et al. [10th Cir. 1996] Introduction The case of Pam Pino v. E. P. Higgs, Curt Faust, Marcella Wolf, Jim...
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,...
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