10th Circuit Case Commentaries

Actual Knowledge Requirement Under EMTALA Established in Urban v. Central Kansas Medical Center

Date: Dec 21, 1994

Actual Knowledge Requirement Under EMTALA Established in Urban v. Central Kansas Medical Center Introduction Urban v. Central Kansas Medical Center is a significant case adjudicated by the United...

Reckless Indifference Standard in § 1983 Police Pursuit Cases: Webber v. Mefford et al.

Date: Dec 20, 1994

Reckless Indifference Standard in § 1983 Police Pursuit Cases: Webber v. Mefford et al. Introduction Webber and Terhune v. Mefford et al. is a pivotal case decided by the United States Court of...

Limitations of Judicial Review under FISA: Upholding 12 U.S.C. § 1818(i)(1) in Henry v. OTS

Date: Dec 17, 1994

Limitations of Judicial Review under FISA: Upholding 12 U.S.C. § 1818(i)(1) in Henry v. OTS Introduction Henry v. Office of Thrift Supervision, 43 F.3d 507 (10th Cir. 1994), is a pivotal case that...

Good Faith Requirement in Prosecutorial Threats: USA v. Wright

Date: Dec 15, 1994

Good Faith Requirement in Prosecutorial Threats: USA v. Wright Introduction United States of America v. Harvey Russell Wright, Jr. (43 F.3d 491) is a significant appellate decision from the United...

Establishing the Boundaries of Implied Contracts and Retaliation Claims under ADEA: Insights from Ingels v. Thiokol Corporation

Date: Dec 13, 1994

Establishing the Boundaries of Implied Contracts and Retaliation Claims under ADEA: Insights from Ingels v. Thiokol Corporation Introduction In the landmark case of Roland T. Ingels v. Thiokol...

Reversal of Lodestar Methodology in Attorney Fee Awards: Insights from GOTTLIEB v. WILES

Date: Dec 10, 1994

Reversal of Lodestar Methodology in Attorney Fee Awards: Insights from GOTTLIEB v. WILES Introduction GOTTLIEB v. WILES, 43 F.3d 474 (10th Cir. 1994), is a landmark appellate decision by the United...

Admissibility of Similar Act Evidence and Miranda Rights in Drug Conspiracy Cases: Analysis of United States v. Johnson

Date: Dec 7, 1994

Admissibility of Similar Act Evidence and Miranda Rights in Drug Conspiracy Cases: Analysis of United States v. Johnson Introduction In the landmark case of United States of America v. Anthony Dean...

Materiality of False Entries in Bank Records: Evans v. United States

Date: Dec 6, 1994

Materiality of False Entries in Bank Records: Evans v. United States Introduction Evans v. United States, 42 F.3d 586 (10th Cir. 1994), addresses significant issues concerning the materiality of...

Henderson v. Inter-Chem Coal Co.: Reaffirming the Economic Reality Test for Employee Classification under FLSA

Date: Dec 6, 1994

Henderson v. Inter-Chem Coal Co.: Reaffirming the Economic Reality Test for Employee Classification under FLSA Introduction Henderson v. Inter-Chem Coal Co., 41 F.3d 567 (10th Cir. 1994), is a...

FDIC v. Oldenburg: Defining Manifest Intent and Fidelity Bond Coverage under 12 U.S.C. § 1823(e)

Date: Dec 3, 1994

FDIC v. Oldenburg: Defining Manifest Intent and Fidelity Bond Coverage under 12 U.S.C. § 1823(e) Introduction The case Federal Deposit Insurance Corporation v. J. William Oldenburg et al.,...

Employment Retaliation and Immunity: A Landmark Tenth Circuit Decision

Date: Nov 29, 1994

Employment Retaliation and Immunity: A Landmark Tenth Circuit Decision Introduction In the case of Dr. Rodrigo Ramirez and Barbara Snow v. Oklahoma Department of Mental Health et al. (41 F.3d 584,...

Tenth Circuit Establishes Precedent for Overcoming Intracorporate Conspiracy Doctrine in Whistleblower Retaliation Claims

Date: Nov 23, 1994

Tenth Circuit Establishes Precedent for Overcoming Intracorporate Conspiracy Doctrine in Whistleblower Retaliation Claims Introduction The case of Jacqueline Margaret Brever and Karen Alane Pitts v....

Proving the Existence and Terms of Lost Insurance Policies: Insights from Servants of the Paraclete, Inc. v. Great American Insurance Co.

Date: Nov 8, 1994

Proving the Existence and Terms of Lost Insurance Policies: Insights from Servants of the Paraclete, Inc. v. Great American Insurance Co. Introduction In the landmark case of The Servants of the...

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10th Circuit Case Commentaries

Actual Knowledge Requirement Under EMTALA Established in Urban v. Central Kansas Medical Center

Reckless Indifference Standard in § 1983 Police Pursuit Cases: Webber v. Mefford et al.

Limitations of Judicial Review under FISA: Upholding 12 U.S.C. § 1818(i)(1) in Henry v. OTS

Good Faith Requirement in Prosecutorial Threats: USA v. Wright

Establishing the Boundaries of Implied Contracts and Retaliation Claims under ADEA: Insights from Ingels v. Thiokol Corporation

Reversal of Lodestar Methodology in Attorney Fee Awards: Insights from GOTTLIEB v. WILES

Admissibility of Similar Act Evidence and Miranda Rights in Drug Conspiracy Cases: Analysis of United States v. Johnson

Materiality of False Entries in Bank Records: Evans v. United States

Henderson v. Inter-Chem Coal Co.: Reaffirming the Economic Reality Test for Employee Classification under FLSA

FDIC v. Oldenburg: Defining Manifest Intent and Fidelity Bond Coverage under 12 U.S.C. § 1823(e)

Employment Retaliation and Immunity: A Landmark Tenth Circuit Decision

Tenth Circuit Establishes Precedent for Overcoming Intracorporate Conspiracy Doctrine in Whistleblower Retaliation Claims

Voluntariness of Post-Miranda Statements After Unwarned Detention: Insights from McCurdy v. USA

Abstention Doctrine Affirmed in Oltremari v. Kansas Social Rehabilitative Service

Sanctions in Bankruptcy Proceedings: Tenth Circuit's Ruling in In Re Courtesy Inns, Ltd., Inc.

Reinforcing Rule 41(b) Standards for Involuntary Dismissal: Mobley v. U.S. West

10th Circuit Limits LMRDA Jurisdiction to Private Sector Unions in Celli v. Shoell

No Protected Property Interest in At-Will Public Employment: Farthing v. City of Shawnee Analysis

Mandatory Arbitration of Title VII Claims and Waiver of Arbitration Rights: Insights from Metz v. Merrill Lynch

Proving the Existence and Terms of Lost Insurance Policies: Insights from Servants of the Paraclete, Inc. v. Great American Insurance Co.