10th Circuit Case Commentaries

Tenth Circuit Rules New Appeals Council Evidence Must Be Considered in Substantial Evidence Review for Disability Claims

Date: Dec 30, 1994

Tenth Circuit Rules New Appeals Council Evidence Must Be Considered in Substantial Evidence Review for Disability Claims Introduction The case of Shirley A. O'Dell v. Donna Shalala, Secretary of the...

Deference to ALJ Findings and Due Process in Disability Determinations: Glass v. Shalala

Date: Dec 30, 1994

Deference to ALJ Findings and Due Process in Disability Determinations: Glass v. Shalala Introduction Jewell L. Glass v. Donna Shalala, Secretary of Health and Human Services is a pivotal 1994...

Cole v. Ruidoso Municipal Schools: Advancements in Title VII Gender Discrimination Law

Date: Dec 30, 1994

Cole v. Ruidoso Municipal Schools: Advancements in Title VII Gender Discrimination Law Introduction Cole v. Ruidoso Municipal Schools, 43 F.3d 1373 (10th Cir. 1994), is a landmark case reviewed by...

Mootness Grounds Overrule Hostile Work Environment Liability under Title VII: Cox v. Phelps Dodge and Chino Mines

Date: Dec 29, 1994

Mootness Grounds Overrule Hostile Work Environment Liability under Title VII: Cox v. Phelps Dodge and Chino Mines Introduction In the seminal case of Lupe Cox v. Phelps Dodge Corporation and Chino...

Strict Adherence to Statute of Limitations in Age Discrimination Claims: Insights from Hulsey v. Kmart

Date: Dec 28, 1994

Strict Adherence to Statute of Limitations in Age Discrimination Claims: Insights from Hulsey v. Kmart Introduction In the landmark case of Hulsey v. Kmart, Inc., the United States Court of Appeals...

Fourth Amendment Protections Against Warrantless Commercial Premises Entry: U.S. v. Bute

Date: Dec 24, 1994

Fourth Amendment Protections Against Warrantless Commercial Premises Entry: U.S. v. Bute Introduction Case Citation: United States of America v. Ronald Joseph Bute, 43 F.3d 531 (10th Cir. 1994)...

Exclusivity of Bankruptcy Court Jurisdiction in Dischargeability Determinations: In re McKendry

Date: Dec 21, 1994

Exclusivity of Bankruptcy Court Jurisdiction in Dischargeability Determinations: In re McKendry Introduction The case of Resolution Trust Corporation v. Donald H. McKendry serves as a significant...

Ensuring Compliance with APA Standards in Appellate Review: A Comprehensive Commentary on Olenhouse v. Commodity Credit Corporation

Date: Dec 21, 1994

Ensuring Compliance with APA Standards in Appellate Review: A Comprehensive Commentary on Olenhouse v. Commodity Credit Corporation Introduction The case of Olenhouse v. Commodity Credit Corporation...

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....

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