10th Circuit Case Commentaries

Federal Courts Lack Jurisdiction to Enforce Private Settlement Agreements Arising from Title VII Discrimination Suits

Date: Nov 5, 1994

Federal Courts Lack Jurisdiction to Enforce Private Settlement Agreements Arising from Title VII Discrimination Suits Introduction In the case of Louie Morris v. City of Hobart, the United States...

Qualified Immunity Affirmed for Public Officials in §1985 Claims - Tenth Circuit Decision

Date: Nov 4, 1994

Qualified Immunity Affirmed for Public Officials in §1985 Claims - Tenth Circuit Decision Introduction The case of Kenneth L. Bisbee v. John Bey, James Johnson, E.E. VanBuskirk, and Converse County...

Tenth Circuit Reverses Summary Judgment on §1983 Sexual Harassment Claim in Noland v. McAdoo

Date: Nov 3, 1994

Tenth Circuit Reverses Summary Judgment on §1983 Sexual Harassment Claim in Noland v. McAdoo A Comprehensive Commentary on the 1994 Tenth Circuit Decision 1. Introduction In the landmark case of...

ERISA Anti-Alienation Limitation on Garnishment and the Preservation of State Exemptions: Guidry v. Sheet Metal Workers

Date: Nov 2, 1994

ERISA Anti-Alienation Limitation on Garnishment and the Preservation of State Exemptions: Guidry v. Sheet Metal Workers Introduction The case of Curtis GUIDRY v. SHEET METAL WORKERS NATIONAL PENSION...

Clarifying Felony Firearm Possession: Insights from United States v. Fisher

Date: Oct 29, 1994

Clarifying Felony Firearm Possession: Insights from United States v. Fisher Introduction The case of United States of America v. Damon Keith Fisher, adjudicated by the United States Court of Appeals...

Fero v. Kerby: Balancing Brady Obligations, Prosecutorial Conduct, and Judicial Impartiality in Habeas Corpus Petitions

Date: Oct 29, 1994

Fero v. Kerby: Balancing Brady Obligations, Prosecutorial Conduct, and Judicial Impartiality in Habeas Corpus Petitions Introduction In the landmark case O.C. Chick Fero v. Dareld Kerby, decided by...

Affirmation of Dirden's Conviction: Insights into Speedy Trial Act and Severance Motions

Date: Oct 28, 1994

Affirmation of Dirden's Conviction: Insights into Speedy Trial Act and Severance Motions Introduction In the landmark case of United States of America v. Roderick K. Dirden, 38 F.3d 1131 (10th Cir....

Exhaustion of State Remedies in Federal Habeas Corpus: Insights from Lepiscopo v. Tansy

Date: Oct 26, 1994

Exhaustion of State Remedies in Federal Habeas Corpus: Insights from Lepiscopo v. Tansy Introduction Lepiscopo v. Tansy (38 F.3d 1128) is a pivotal case heard by the United States Court of Appeals...

Tenth Circuit Reverses Summary Judgment on Denver’s Race-and-Gender Conscious Contract Program

Date: Oct 18, 1994

Tenth Circuit Reverses Summary Judgment on Denver’s Race-and-Gender Conscious Contract Program Introduction In the landmark case Concrete Works of Colorado, Inc. v. Denver, City and County of Denver,...

Effective Assistance of Counsel in Capital Cases: An Analysis of Brecheen v. Reynolds

Date: Oct 15, 1994

Effective Assistance of Counsel in Capital Cases: An Analysis of Brecheen v. Reynolds Introduction Robert A. Brecheen v. Dan Reynolds, Warden of the Oklahoma State Penitentiary, 41 F.3d 1343 (10th...

Qualified Immunity and Restoration of Employment in Due Process Claims: WORKMAN v. JORDAN

Date: Oct 12, 1994

Qualified Immunity and Restoration of Employment in Due Process Claims: WORKMAN v. JORDAN Introduction WORKMAN v. JORDAN is a notable case adjudicated by the United States Court of Appeals for the...

Affirmation of Effective Assistance of Counsel in Habeas Corpus Proceedings

Date: Oct 12, 1994

Affirmation of Effective Assistance of Counsel in Habeas Corpus Proceedings: Dever v. Kansas State Penitentiary Introduction Don Michael Dever, a Vietnam veteran, was convicted of first-degree murder...

Affirmation of Summary Judgment in Wood v. Eli Lilly: Oklahoma's Stance on Alternative and Market Share Liability

Date: Oct 12, 1994

Affirmation of Summary Judgment in Wood v. Eli Lilly: Oklahoma's Stance on Alternative and Market Share Liability Introduction The case of Debbie Wood and Roger Wood v. Eli Lilly Company and others,...

Bolton v. Scrivner, Inc.: Establishing Limits on ADA Disability Claims

Date: Sep 22, 1994

Bolton v. Scrivner, Inc.: Establishing Limits on ADA Disability Claims Introduction Bolton v. Scrivner, Inc., 36 F.3d 939 (10th Cir. 1994), is a pivotal case addressing the boundaries of disability...

Application of MICHIGAN v. SUMMERS in Detention During Warrant Execution: United States v. Ritchie

Date: Sep 22, 1994

Application of MICHIGAN v. SUMMERS in Detention During Warrant Execution: United States v. Ritchie Introduction In United States v. Robert James Ritchie, the United States Court of Appeals for the...

Nondelegable Duties and Insurance Coverage of Punitive Damages: Insights from Magnum Foods v. Continental Casualty Company

Date: Sep 17, 1994

Nondelegable Duties and Insurance Coverage of Punitive Damages: Insights from Magnum Foods v. Continental Casualty Company Introduction In the landmark case of Magnum Foods, Inc. d/b/a Little...

Gagan v. Norton & Ritz: Clarifying the Scope of Prosecutorial Immunity in Judicial Processes

Date: Sep 17, 1994

Gagan v. Norton & Ritz: Clarifying the Scope of Prosecutorial Immunity in Judicial Processes Introduction In the landmark case of Cary James Gagan v. Gale Norton & Wendy Ritz, heard by the United...

Enhancing Disability Determinations: Washington Jr. v. Shalala Establishes Rigorous Evaluation Standards for Residual Functional Capacity

Date: Sep 16, 1994

Enhancing Disability Determinations: Washington Jr. v. Shalala Establishes Rigorous Evaluation Standards for Residual Functional Capacity Introduction The case of George Washington Jr. v. Donna...

Effective Assistance of Counsel in Capital Sentencing: Analysis of Stafford v. Saffle

Date: Sep 13, 1994

Effective Assistance of Counsel in Capital Sentencing: Analysis of Stafford v. Saffle Introduction Rodger Dale Stafford, the petitioner-appellant, was convicted of three counts of first-degree murder...

10th Circuit Reaffirms the 'Substantially Prevailed' Standard for Attorneys' Fees under § 16 of the Clayton Act

Date: Sep 9, 1994

10th Circuit Reaffirms the 'Substantially Prevailed' Standard for Attorneys' Fees under § 16 of the Clayton Act Introduction The case of City of Chanute, Kansas; City of Auburn, Kansas; City of...

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