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  • Commentaries
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10th Circuit Case Commentaries

Enforcement of Disputed Settlement Agreements under CERCLA: Insights from UNITED STATES OF AMERICA v. Royal N. Hardage

Enforcement of Disputed Settlement Agreements under CERCLA: Insights from UNITED STATES OF AMERICA v. Royal N. Hardage

Date: Jan 7, 1993
Enforcement of Disputed Settlement Agreements under CERCLA: Insights from UNITED STATES OF AMERICA v. Royal N. Hardage Introduction The case of United States of America, Plaintiff-Amicus Curiae, v....
Establishing Standards for Reasonable Suspicion and Voluntary Consent in Drug Trafficking Cases – United States v. Nicholson

Establishing Standards for Reasonable Suspicion and Voluntary Consent in Drug Trafficking Cases – United States v. Nicholson

Date: Jan 6, 1993
Establishing Standards for Reasonable Suspicion and Voluntary Consent in Drug Trafficking Cases – United States v. Nicholson Introduction In United States of America v. Wendall Nicholson (983 F.2d...
Exhaustion of Administrative Remedies Essential in Federal Employment Discrimination Claims: Tenth Circuit Upholds Summary Judgment

Exhaustion of Administrative Remedies Essential in Federal Employment Discrimination Claims: Tenth Circuit Upholds Summary Judgment

Date: Jan 5, 1993
Exhaustion of Administrative Remedies Essential in Federal Employment Discrimination Claims: Tenth Circuit Upholds Summary Judgment Introduction The case of Larry Williams v. Donald B. Rice et al....
Affirmation of Contributory Negligence in Auditor Malpractice: An Analysis of Comeau v. Comeau et al.

Affirmation of Contributory Negligence in Auditor Malpractice: An Analysis of Comeau v. Comeau et al.

Date: Dec 30, 1992
Affirmation of Contributory Negligence in Auditor Malpractice: An Analysis of Comeau v. Comeau et al. Introduction Comeau v. Comeau et al. is a pivotal case adjudicated by the United States District...
Intentional Discrimination Required Beyond Disparate Treatment for Title VII Claims: EEOC v. Flasher Company

Intentional Discrimination Required Beyond Disparate Treatment for Title VII Claims: EEOC v. Flasher Company

Date: Dec 30, 1992
Intentional Discrimination Required Beyond Disparate Treatment for Title VII Claims: EEOC v. Flasher Company Introduction The case of Equal Employment Opportunity Commission (EEOC) v. Flasher...
Clarifying CERCLA Cost Recovery and NCP Consistency: Insights from United States v. Hardage

Clarifying CERCLA Cost Recovery and NCP Consistency: Insights from United States v. Hardage

Date: Dec 22, 1992
Clarifying CERCLA Cost Recovery and NCP Consistency: Insights from United States v. Hardage Introduction The case of United States of America v. Royal N. Hardage et al. adjudicated by the United...
Qualified Immunity in Sexual Harassment Claims: Insights from Lee Woodward v. City of Worland

Qualified Immunity in Sexual Harassment Claims: Insights from Lee Woodward v. City of Worland

Date: Dec 16, 1992
Qualified Immunity in Sexual Harassment Claims: Insights from Lee Woodward v. City of Worland Introduction Lee Woodward, Trustee in Bankruptcy, for the Estate of Janice Butler; Melinda Molina;...
Qualified Immunity Affirmed in Equal Protection Claim Based on Perceived Homosexuality

Qualified Immunity Affirmed in Equal Protection Claim Based on Perceived Homosexuality

Date: Dec 15, 1992
Qualified Immunity Affirmed in Equal Protection Claim Based on Perceived Homosexuality Introduction In the landmark case of Vernon R. Jantz v. Cleofas F. Mucci, decided by the United States Court of...
Balancing Inmate Rights and Prison Security: Insights from Prows v. Federal Bureau of Prisons

Balancing Inmate Rights and Prison Security: Insights from Prows v. Federal Bureau of Prisons

Date: Nov 26, 1992
Balancing Inmate Rights and Prison Security: Insights from Prows v. Federal Bureau of Prisons Introduction Prows v. Federal Bureau of Prisons is a landmark case adjudicated by the United States Court...
Discretionary Function Exception Does Not Shield Technical Negligence by Government Employees: Ayala v. United States

Discretionary Function Exception Does Not Shield Technical Negligence by Government Employees: Ayala v. United States

Date: Nov 26, 1992
Discretionary Function Exception Does Not Shield Technical Negligence by Government Employees: Ayala v. United States Introduction In Ayala v. United States (980 F.2d 1342, 10th Cir. 1992), the...
Retaliation in Employment Promotion: Kenworthy v. Conoco Establishes Key Precedents

Retaliation in Employment Promotion: Kenworthy v. Conoco Establishes Key Precedents

Date: Nov 20, 1992
Retaliation in Employment Promotion: Kenworthy v. Conoco Establishes Key Precedents Introduction In Patricia J. Kenworthy v. Conoco, Inc., adjudicated by the United States Court of Appeals for the...
Castner v. Colorado Springs Cablevision: Guidelines for Appointing Counsel in Title VII Cases

Castner v. Colorado Springs Cablevision: Guidelines for Appointing Counsel in Title VII Cases

Date: Nov 18, 1992
Castner v. Colorado Springs Cablevision: Guidelines for Appointing Counsel in Title VII Cases Introduction In Castner v. Colorado Springs Cablevision, 979 F.2d 1417 (10th Cir. 1992), the United...
Redefining Seizure Standards under the Fourth Amendment: United States v. Laboy

Redefining Seizure Standards under the Fourth Amendment: United States v. Laboy

Date: Nov 10, 1992
Redefining Seizure Standards under the Fourth Amendment: United States v. Laboy Introduction The case of United States of America v. Richard W. Laboy (979 F.2d 795) adjudicated by the United States...
Clarifying the Admissibility of Gang Affiliation Evidence and Harmless Error in Drug Conspiracy Cases: United States v. Robinson et al.

Clarifying the Admissibility of Gang Affiliation Evidence and Harmless Error in Drug Conspiracy Cases: United States v. Robinson et al.

Date: Nov 3, 1992
Clarifying the Admissibility of Gang Affiliation Evidence and Harmless Error in Drug Conspiracy Cases: United States v. Robinson et al. Introduction In the landmark case of UNITED STATES OF AMERICA,...
Harmon E. Welsh v. City of Tulsa: Defining 'Handicapped' in Employment Discrimination

Harmon E. Welsh v. City of Tulsa: Defining 'Handicapped' in Employment Discrimination

Date: Oct 24, 1992
Harmon E. Welsh v. City of Tulsa: Defining 'Handicapped' in Employment Discrimination Introduction In the landmark case Harmon E. Welsh v. City of Tulsa, Oklahoma, adjudicated by the United States...
Affirmation of Age Discrimination Protections in Corporate Acquisitions Under ADEA: Whalen v. Unit Rig, Inc.

Affirmation of Age Discrimination Protections in Corporate Acquisitions Under ADEA: Whalen v. Unit Rig, Inc.

Date: Oct 21, 1992
Affirmation of Age Discrimination Protections in Corporate Acquisitions Under ADEA: Whalen v. Unit Rig, Inc. Introduction The case of John W. Whalen v. Unit Rig, Inc. et al., adjudicated by the...
Affirmative Duty of the State in Protecting Students: Insights from Maldonado v. Josey

Affirmative Duty of the State in Protecting Students: Insights from Maldonado v. Josey

Date: Sep 17, 1992
Affirmative Duty of the State in Protecting Students: Insights from Maldonado v. Josey Introduction The case Leroy Maldonado v. Anne Josey, et al., 975 F.2d 727 (10th Cir. 1992), presents a pivotal...
Collateral Estoppel Affirmed: UDC Confirmed as Authorized Representative for Mixed-Blood Utes

Collateral Estoppel Affirmed: UDC Confirmed as Authorized Representative for Mixed-Blood Utes

Date: Sep 10, 1992
Collateral Estoppel Affirmed: UDC Confirmed as Authorized Representative for Mixed-Blood Utes Introduction The case of AFFILIATED UTE CITIZENS v. UNITED STATES (975 F.2d 683) adjudicated by the...
Limiting Personal Jurisdiction Over Non-Resident Entities: Insights from Doe v. National Medical Services

Limiting Personal Jurisdiction Over Non-Resident Entities: Insights from Doe v. National Medical Services

Date: Sep 1, 1992
Limiting Personal Jurisdiction Over Non-Resident Entities: Insights from Doe v. National Medical Services Introduction Doe v. National Medical Services, Inc., 974 F.2d 143 (10th Cir. 1992), addresses...
Section 215 Appraisal Rights in Reverse Triangular Mergers Affirmed by the Tenth Circuit

Section 215 Appraisal Rights in Reverse Triangular Mergers Affirmed by the Tenth Circuit

Date: Aug 29, 1992
Section 215 Appraisal Rights in Reverse Triangular Mergers Affirmed by the Tenth Circuit Introduction The case of Alma Boone et al. v. Carlsbad Bancorporation, Inc. addressed critical issues...
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