10th Circuit Case Commentaries

Extending Appeal Deadlines Under Bankruptcy §108(b): Tenth Circuit Sets Precedent in Software Copyright Infringement Case

Date: May 20, 1993

Extending Appeal Deadlines Under Bankruptcy §108(b): Tenth Circuit Sets Precedent in Software Copyright Infringement Case Introduction The case of Autoskill Inc. v. National Educational Support...

Affirming Agency Deference and Administrative Record Adequacy in Redd et al. v. Yuetter et al., 10th Cir. 1993

Date: May 20, 1993

Affirming Agency Deference and Administrative Record Adequacy in Redd et al. v. Yuetter et al., 10th Cir. 1993 Introduction The case of Redd et al. v. Yuetter et al., decided by the United States...

Tenth Circuit Clarifies Apportionment of Damages and Union's Duty of Fair Representation in Hybrid LMRA §301 Class Action

Date: May 20, 1993

Tenth Circuit Clarifies Apportionment of Damages and Union's Duty of Fair Representation in Hybrid LMRA §301 Class Action Introduction The case of Stephen T. Aguinaga, Wayne Pappan, Janet Brown,...

Standards for Proving Lost Profits in Civil Conspiracy Claims under Oklahoma Law: TK-7 Corp. v. Estate of Barbouti

Date: May 8, 1993

Standards for Proving Lost Profits in Civil Conspiracy Claims under Oklahoma Law TK-7 Corporation, Tal Technologies, and Moshe Tal v. The Estate of Ihsan Barbouti, Deceased, and Haidar Barbouti (993...

Strengthening Transferability Standards for Advanced-Age Disability Claims: Nielson v. Sullivan

Date: May 6, 1993

Strengthening Transferability Standards for Advanced-Age Disability Claims: Nielson v. Sullivan Introduction In the landmark case of Dick Nielson v. Louis W. Sullivan, decided by the United States...

Enhancing FTCA Liability: Franklin v. United States and the Intersection with VA Personnel Immunity

Date: May 6, 1993

Enhancing FTCA Liability: Franklin v. United States and the Intersection with VA Personnel Immunity Introduction Verdie Mae Franklin, acting as the administratrix of the estate of her late husband,...

Admissibility of Closed Circuit Testimony and Hearsay Statements in Child Assault Cases: Farley v. United States

Date: May 6, 1993

Admissibility of Closed Circuit Testimony and Hearsay Statements in Child Assault Cases: Farley v. United States Introduction United States of America v. Darryl Farley is a landmark case adjudicated...

Timeliness of Pro Se Prisoner Appeals and the Viability of Excessive Force Claims under §1983: Swoboda v. Dubach

Date: May 5, 1993

Timeliness of Pro Se Prisoner Appeals and the Viability of Excessive Force Claims under §1983: Swoboda v. Dubach Introduction In the landmark appellate decision Scott William Swoboda v. Jerry K....

Qualified Immunity and Excessive Force: Butler v. City of Norman

Date: Apr 29, 1993

Qualified Immunity and Excessive Force: Butler v. City of Norman Introduction Butler v. The City of Norman is a pivotal case adjudicated by the United States Court of Appeals for the Tenth Circuit on...

Comprehensive Commentary on SHARON N. RAGLAND v. DONNA E. SHALALA: A Tenth Circuit Perspective on Disability Determinations

Date: Apr 29, 1993

Comprehensive Commentary on SHARON N. RAGLAND v. DONNA E. SHALALA: A Tenth Circuit Perspective on Disability Determinations Introduction The case of Sharon N. Ragland v. Donna E. Shalala serves as a...

Exhaustion of Administrative Remedies under IDEA: Insights from Association for Community Living v. Romer

Date: Apr 28, 1993

Exhaustion of Administrative Remedies under the Individuals with Disabilities Education Act (IDEA): Insights from Association for Community Living v. Romer Introduction Association for Community...

Prima Facie Burden in Religious Discrimination Cases: Insights from Shapolia v. Los Alamos National Laboratory

Date: Apr 28, 1993

Prima Facie Burden in Religious Discrimination Cases: Insights from Shapolia v. Los Alamos National Laboratory Introduction Shapolia v. Los Alamos National Laboratory, 992 F.2d 1033 (10th Cir. 1993),...

Sanchez v. Philip Morris: Clarifying Employer Justifications in Title VII Disparate Treatment Claims

Date: Apr 21, 1993

Sanchez v. Philip Morris: Clarifying Employer Justifications in Title VII Disparate Treatment Claims Introduction The case of Raul C. Sanchez v. Philip Morris Incorporated, adjudicated by the United...

Affirmation of State Statute of Limitations in Reverse Discrimination Claims

Date: Apr 13, 1993

Affirmation of State Statute of Limitations in Reverse Discrimination Claims Introduction The case of Marvin D. Baker v. The Board of Regents of the State of Kansas and University of Kansas Medical...

Reevaluating Fourth Amendment Seizures: Insights from United States v. King and Burdex

Date: Mar 27, 1993

Reevaluating Fourth Amendment Seizures: Insights from United States v. King and Burdex Introduction United States of America v. Terry King and Valerie Jean Burdex is a pivotal case adjudicated by the...

Unconstitutional Blanket Strip Searches and Limiting Qualified Immunity in Minor Offense Detainee Cases – Chapman v. Nichols

Date: Mar 24, 1993

Unconstitutional Blanket Strip Searches and Limiting Qualified Immunity in Minor Offense Detainee Cases – Chapman v. Nichols Introduction The case of Julie Chapman et al. v. Doug Nichols et al....

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10th Circuit Case Commentaries

Extending Appeal Deadlines Under Bankruptcy §108(b): Tenth Circuit Sets Precedent in Software Copyright Infringement Case

Affirming Agency Deference and Administrative Record Adequacy in Redd et al. v. Yuetter et al., 10th Cir. 1993

Tenth Circuit Clarifies Apportionment of Damages and Union's Duty of Fair Representation in Hybrid LMRA §301 Class Action

Standards for Proving Lost Profits in Civil Conspiracy Claims under Oklahoma Law: TK-7 Corp. v. Estate of Barbouti

Strengthening Transferability Standards for Advanced-Age Disability Claims: Nielson v. Sullivan

Enhancing FTCA Liability: Franklin v. United States and the Intersection with VA Personnel Immunity

Admissibility of Closed Circuit Testimony and Hearsay Statements in Child Assault Cases: Farley v. United States

Timeliness of Pro Se Prisoner Appeals and the Viability of Excessive Force Claims under §1983: Swoboda v. Dubach

Qualified Immunity and Excessive Force: Butler v. City of Norman

Comprehensive Commentary on SHARON N. RAGLAND v. DONNA E. SHALALA: A Tenth Circuit Perspective on Disability Determinations

Exhaustion of Administrative Remedies under IDEA: Insights from Association for Community Living v. Romer

Prima Facie Burden in Religious Discrimination Cases: Insights from Shapolia v. Los Alamos National Laboratory

Sanchez v. Philip Morris: Clarifying Employer Justifications in Title VII Disparate Treatment Claims

Affirmation of State Statute of Limitations in Reverse Discrimination Claims

Reevaluating Fourth Amendment Seizures: Insights from United States v. King and Burdex

Unconstitutional Blanket Strip Searches and Limiting Qualified Immunity in Minor Offense Detainee Cases – Chapman v. Nichols

Standing to Challenge Vehicle Searches: Analysis of United States v. Soto, 988 F.2d 1548 (10th Cir. 1993)

Enhancing Product Liability: Hinds v. General Motors on Seat Belt Defects

Limitation on Relief under ERISA: Exclusion of Extra-Contractual Compensatory Damages Affirmed by the Tenth Circuit

Mandatory §506 Valuation for Secured Claims in Chapter 12 Bankruptcy: In Re Harrison and Agricredit Corp.