10th Circuit Case Commentaries

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

Date: Nov 22, 1994

Voluntariness of Post-Miranda Statements After Unwarned Detention: Insights from McCurdy v. United States Introduction United States of America v. Maurice McCurdy, 40 F.3d 1111 (10th Cir. 1994),...

Abstention Doctrine Affirmed in Oltremari v. Kansas Social Rehabilitative Service

Date: Nov 22, 1994

Abstention Doctrine Affirmed in Oltremari v. Kansas Social Rehabilitative Service Introduction In Lynn Christine Oltremari v. Kansas Social Rehabilitative Service (1994), the United States District...

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

Date: Nov 19, 1994

Sanctions in Bankruptcy Proceedings: Tenth Circuit's Ruling in In Re Courtesy Inns, Ltd., Inc. Introduction In Re Courtesy Inns, Ltd., Inc., 40 F.3d 1084 (10th Cir. 1994), is a pivotal case...

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

Date: Nov 15, 1994

Reinforcing Rule 41(b) Standards for Involuntary Dismissal: Mobley v. U.S. West Introduction In the landmark case of Terry W. Mobley v. U.S. West, decided by the United States Court of Appeals for...

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

Date: Nov 10, 1994

10th Circuit Limits Labor-Management Reporting and Disclosure Act (LMRDA) Jurisdiction to Private Sector Unions in Celli v. Shoell Introduction In the landmark case Celli v. Shoell (40 F.3d 324, 10th...

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

Date: Nov 9, 1994

No Protected Property Interest in At-Will Public Employment: Farthing v. City of Shawnee Analysis Introduction The case of James R. Farthing v. City of Shawnee, Kansas, decided by the United States...

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

Date: Nov 9, 1994

Mandatory Arbitration of Title VII Claims and Waiver of Arbitration Rights: Insights from Metz v. Merrill Lynch Introduction The case of Kelli Lyn Metz v. Merrill Lynch, Pierce, Fenner Smith, Inc....

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...

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...

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