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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Heightened Standards for Statistical Evidence in Age Discrimination Claims Under ADEA: Fallis v. Kerr-McGee

Heightened Standards for Statistical Evidence in Age Discrimination Claims Under ADEA: Fallis v. Kerr-McGee

Date: Sep 11, 1991
Heightened Standards for Statistical Evidence in Age Discrimination Claims Under ADEA: Fallis v. Kerr-McGee Introduction The Fallis v. Kerr-McGee Corporation case, adjudicated by the United States...
Strict Compliance with Bankruptcy Code §327: Insights from In Re James W. Land and Lois L. Land

Strict Compliance with Bankruptcy Code §327: Insights from In Re James W. Land and Lois L. Land

Date: Sep 11, 1991
Strict Compliance with Bankruptcy Code §327: Insights from In Re James W. Land and Lois L. Land Introduction The case of In Re James W. Land and Lois L. Land represents a pivotal decision by the...
Breach of Fiduciary Duty in Dealer Agreements: Insights from Devery Implement Co. v. J.I. Case Co.

Breach of Fiduciary Duty in Dealer Agreements: Insights from Devery Implement Co. v. J.I. Case Co.

Date: Sep 11, 1991
Breach of Fiduciary Duty in Dealer Agreements: Insights from Devery Implement Co. v. J.I. Case Co. Introduction The case of Devery Implement Company, an Oklahoma General Partnership, versus J.I. Case...
Restricting Access for Repeatedly Abusive Pro Se Litigants: Ketchum v. Dr. Cruz

Restricting Access for Repeatedly Abusive Pro Se Litigants: Ketchum v. Dr. Cruz

Date: Aug 31, 1991
Restricting Access for Repeatedly Abusive Pro Se Litigants: Ketchum v. Dr. Cruz Introduction Ketchum v. Dr. Cruz (775 F. Supp. 1399) is a significant case adjudicated by the United States District...
Hicks v. City of Watonga: Establishing Standards for Qualified Immunity and Due Process in Public Employment Terminations

Hicks v. City of Watonga: Establishing Standards for Qualified Immunity and Due Process in Public Employment Terminations

Date: Aug 20, 1991
Hicks v. City of Watonga: Establishing Standards for Qualified Immunity and Due Process in Public Employment Terminations Introduction Steven R. Hicks, a former police officer for the City of...
Affirmation of Circumstantial Evidence in ADEA Cases: Denison v. Swaco Geolograph

Affirmation of Circumstantial Evidence in ADEA Cases: Denison v. Swaco Geolograph

Date: Aug 17, 1991
Affirmation of Circumstantial Evidence in ADEA Cases: Denison v. Swaco Geolograph Introduction The case of Richard Paul Denison v. Swaco Geolograph Company (941 F.2d 1416) adjudicated by the United...
State Action and Prima Facie Case in Age Discrimination: Insights from MacDonald v. Eastern Wyoming Mental Health Center

State Action and Prima Facie Case in Age Discrimination: Insights from MacDonald v. Eastern Wyoming Mental Health Center

Date: Aug 16, 1991
State Action and Prima Facie Case in Age Discrimination: Insights from MacDonald v. Eastern Wyoming Mental Health Center Introduction James MacDonald and Janice MacDonald, a married couple employed...
Reaffirmation of Individualized Suspicion in Traffic Stop Detentions: An Analysis of United States v. Walker

Reaffirmation of Individualized Suspicion in Traffic Stop Detentions: An Analysis of United States v. Walker

Date: Aug 14, 1991
Reaffirmation of Individualized Suspicion in Traffic Stop Detentions: An Analysis of United States v. Walker Introduction In United States of America v. Ralph Joseph Walker, 941 F.2d 1086 (10th Cir....
United States v. Willie: Establishing Precedents on Willfulness in Tax Evasion and the Admissibility of Defendants’ Belief Evidence

United States v. Willie: Establishing Precedents on Willfulness in Tax Evasion and the Admissibility of Defendants’ Belief Evidence

Date: Aug 13, 1991
United States v. Willie: Establishing Precedents on Willfulness in Tax Evasion and the Admissibility of Defendants’ Belief Evidence Introduction United States of America v. Wesley Willie, 941 F.2d...
Adoption of the Cause and Prejudice Standard in Federal Habeas Corpus Review: Gilbert v. Scott

Adoption of the Cause and Prejudice Standard in Federal Habeas Corpus Review: Gilbert v. Scott

Date: Aug 10, 1991
Adoption of the Cause and Prejudice Standard in Federal Habeas Corpus Review: Gilbert v. Scott Introduction Earnest Gilbert v. H.N. Scott is a pivotal case decided by the United States Court of...
Arvin Industries Sets New Standards in RICO and Antitrust Law Enforcement

Arvin Industries Sets New Standards in RICO and Antitrust Law Enforcement

Date: Jul 31, 1991
Arvin Industries Sets New Standards in RICO and Antitrust Law Enforcement Introduction The case of Bacchus Industries, Inc. v. Arvin Industries, Inc. (939 F.2d 887) adjudicated by the United States...
Double Jeopardy Protections Reinforced in United States v. Raymer

Double Jeopardy Protections Reinforced in United States v. Raymer

Date: Jul 25, 1991
Double Jeopardy Protections Reinforced in United States v. Raymer Introduction In the landmark case of United States of America v. Samuel Scott Raymer, the United States Court of Appeals for the...
United States v. Wright and Kirby: Upholding Proper Indictment Variance and Joinder in Drug Conspiracy Trials

United States v. Wright and Kirby: Upholding Proper Indictment Variance and Joinder in Drug Conspiracy Trials

Date: Jul 12, 1991
United States v. Wright and Kirby: Upholding Proper Indictment Variance and Joinder in Drug Conspiracy Trials Introduction In United States of America v. Norman D. Wright and George W. Kirby, Jr.,...
Ensuring Contractual Certainty: Insights from Deepwater Investments v. Jackson Hole Ski Corporation

Ensuring Contractual Certainty: Insights from Deepwater Investments v. Jackson Hole Ski Corporation

Date: Jul 11, 1991
Ensuring Contractual Certainty: Insights from Deepwater Investments v. Jackson Hole Ski Corporation Introduction The case of Deepwater Investments, Limited v. Jackson Hole Ski Corporation and Paul M....
Interpretation of 11 U.S.C. §349(a): Tenth Circuit Restricts Bankruptcy Court's Discretion to Deny Future Access Beyond 180 Days

Interpretation of 11 U.S.C. §349(a): Tenth Circuit Restricts Bankruptcy Court's Discretion to Deny Future Access Beyond 180 Days

Date: Jul 11, 1991
Interpretation of 11 U.S.C. §349(a): Tenth Circuit Restricts Bankruptcy Court's Discretion to Deny Future Access Beyond 180 Days Introduction In In re Randy Arden Frieouf, Debtor, 938 F.2d 1099 (10th...
Admissibility of "Tools of the Trade" Evidence in Drug Distribution Cases: United States v. Martinez

Admissibility of "Tools of the Trade" Evidence in Drug Distribution Cases: United States v. Martinez

Date: Jul 9, 1991
Admissibility of "Tools of the Trade" Evidence in Drug Distribution Cases: United States v. Martinez Introduction United States of America v. Jesus Martinez, 938 F.2d 1078 (10th Cir. 1991), is a...
10th Circuit Upholds Validity of Homestead Exemption in Bankruptcy Without Evidence of Fraudulent Intent

10th Circuit Upholds Validity of Homestead Exemption in Bankruptcy Without Evidence of Fraudulent Intent

Date: Jul 6, 1991
10th Circuit Upholds Validity of Homestead Exemption in Bankruptcy Without Evidence of Fraudulent Intent Introduction The case In re Patricia G. Carey, Debtor, 938 F.2d 1073 (10th Cir. 1991),...
Establishing Standards for Abandonment in Warrantless Searches: Analysis of United States v. Morgan

Establishing Standards for Abandonment in Warrantless Searches: Analysis of United States v. Morgan

Date: Jun 29, 1991
Establishing Standards for Abandonment in Warrantless Searches: Analysis of United States v. Morgan 1. Introduction In the landmark case United States of America v. Rodney Lee Morgan, 936 F.2d 1561...
Federal Preemption of State Divorce Decrees in ERISA Beneficiary Designations

Federal Preemption of State Divorce Decrees in ERISA Beneficiary Designations

Date: Jun 22, 1991
Federal Preemption of State Divorce Decrees in ERISA Beneficiary Designations Introduction The case of Beatrice Hinds Carland v. Metropolitan Life Insurance Company (935 F.2d 1114, United States...
Archuleta v. Colorado Department of Institutions: Affirmation of Retaliation and Due Process Standards

Archuleta v. Colorado Department of Institutions: Affirmation of Retaliation and Due Process Standards

Date: Jun 21, 1991
Archuleta v. Colorado Department of Institutions: Affirmation of Retaliation and Due Process Standards Introduction Carmen Archuleta v. The Colorado Department of Institutions, Division of Youth...
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