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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Non-Compliance with 11 U.S.C. § 521(2) Does Not Confer Automatic Repossession Rights: Analysis of Lowry Federal Credit Union v. West

Non-Compliance with 11 U.S.C. § 521(2) Does Not Confer Automatic Repossession Rights: Analysis of Lowry Federal Credit Union v. West

Date: Aug 19, 1989
Non-Compliance with 11 U.S.C. § 521(2) Does Not Confer Automatic Repossession Rights: Analysis of Lowry Federal Credit Union v. West Introduction The case of Lowry Federal Credit Union v. James Dale...
Absolute Immunity for Officials Executing Court Orders: Analysis of Valdez v. City and County of Denver

Absolute Immunity for Officials Executing Court Orders: Analysis of Valdez v. City and County of Denver

Date: Aug 17, 1989
Absolute Immunity for Officials Executing Court Orders: Analysis of Valdez v. City and County of Denver Introduction The case of Robert Valdez v. City and County of Denver addresses the critical...
Speedy Trial Act Compliance in Drug Conspiracy Cases: Insights from United States v. Doran

Speedy Trial Act Compliance in Drug Conspiracy Cases: Insights from United States v. Doran

Date: Aug 15, 1989
Speedy Trial Act Compliance in Drug Conspiracy Cases: Insights from United States v. Doran Introduction The case of United States of America v. Michael Patrick Doran (882 F.2d 1511, 1989) serves as a...
Affirmation of Possession by a Convicted Felon Through Corroborative Admissions

Affirmation of Possession by a Convicted Felon Through Corroborative Admissions

Date: Aug 5, 1989
Affirmation of Possession by a Convicted Felon Through Corroborative Admissions Introduction The case of United States of America v. Danny Shunk, 881 F.2d 917 (10th Cir. 1989), represents a pivotal...
Affirmation of Mandatory AIDS Testing in Prisons: Tenth Circuit Establishes Precedent on Prisoners' Constitutional Rights

Affirmation of Mandatory AIDS Testing in Prisons: Tenth Circuit Establishes Precedent on Prisoners' Constitutional Rights

Date: Aug 2, 1989
Affirmation of Mandatory AIDS Testing in Prisons: Tenth Circuit Establishes Precedent on Prisoners' Constitutional Rights Introduction In the landmark case of Terry Darnell Dunn v. Thomas White et...
Affirmation of Strict Standards for Coram Nobis Relief in Criminal Proceedings: United States v. Klein

Affirmation of Strict Standards for Coram Nobis Relief in Criminal Proceedings: United States v. Klein

Date: Jul 11, 1989
Affirmation of Strict Standards for Coram Nobis Relief in Criminal Proceedings: United States v. Klein Introduction The case of Ben Klein v. United States of America (880 F.2d 250) presents a...
Tripati v. Beaman: Upholding Judicial Authority to Restrict Abusive Litigants While Ensuring Due Process

Tripati v. Beaman: Upholding Judicial Authority to Restrict Abusive Litigants While Ensuring Due Process

Date: Jul 8, 1989
Tripati v. Beaman: Upholding Judicial Authority to Restrict Abusive Litigants While Ensuring Due Process Introduction Tripati v. Beaman, 878 F.2d 351 (10th Cir. 1989), is a pivotal case addressing...
Strict Enforcement of Rebuttable Presumption in Revoking Release Under 18 U.S.C. §3148(b): Insights from United States v. Cook

Strict Enforcement of Rebuttable Presumption in Revoking Release Under 18 U.S.C. §3148(b): Insights from United States v. Cook

Date: Jun 23, 1989
Strict Enforcement of Rebuttable Presumption in Revoking Release Under 18 U.S.C. §3148(b): Insights from United States v. Cook Introduction In the landmark case of United States of America v. Robert...
Melton v. City of Oklahoma City: Municipal Liability for Violating First Amendment and Due Process Rights in Police Employment Termination

Melton v. City of Oklahoma City: Municipal Liability for Violating First Amendment and Due Process Rights in Police Employment Termination

Date: Jun 22, 1989
Melton v. City of Oklahoma City: Municipal Liability for Violating First Amendment and Due Process Rights in Police Employment Termination Introduction Melton v. City of Oklahoma City is a landmark...
Affirmation of Res Judicata and Privity in Successive Corporate Litigation – Staats v. PEC (1989)

Affirmation of Res Judicata and Privity in Successive Corporate Litigation – Staats v. PEC (1989)

Date: Jun 20, 1989
Affirmation of Res Judicata and Privity in Successive Corporate Litigation – Staats v. PEC (1989) Introduction In the landmark case of Lowell Staats Mining Company, Inc. v. Philadelphia Electric...
Expansion of Bank Fraud Under 18 U.S.C. §1344: United States v. Bonnett

Expansion of Bank Fraud Under 18 U.S.C. §1344: United States v. Bonnett

Date: Jun 8, 1989
Expansion of Bank Fraud Under 18 U.S.C. §1344: United States v. Bonnett Introduction In the landmark case United States of America v. Bruce Bonnett, decided by the United States Court of Appeals for...
Qualified Immunity and Fourth Amendment Rights in NCBA v. Lovell et al.

Qualified Immunity and Fourth Amendment Rights in NCBA v. Lovell et al.

Date: Jun 7, 1989
Qualified Immunity and Fourth Amendment Rights in NCBA v. Lovell et al. Introduction National Commodity and Barter Association (NCBA), comprising 145 members, filed a lawsuit against five agents of...
Non-Waivability of Overpayments in Disability Insurance Due to Fraud and Substantial Gainful Activity: Fowler v. Bowen

Non-Waivability of Overpayments in Disability Insurance Due to Fraud and Substantial Gainful Activity: Fowler v. Bowen

Date: Jun 7, 1989
Non-Waivability of Overpayments in Disability Insurance Due to Fraud and Substantial Gainful Activity: Fowler v. Bowen Introduction Herbert C. Fowler v. Otis R. Bowen, Secretary of Health and Human...
Employee Status Determination under FLSA: DOL v. Cakes by Karen

Employee Status Determination under FLSA: DOL v. Cakes by Karen

Date: May 24, 1989
Employee Status Determination under FLSA: DOL v. Cakes by Karen Introduction In the landmark case of Department of Labor (DOL) v. Cakes by Karen, the United States Court of Appeals for the Tenth...
Municipal Liability for Sexual Harassment Under Section 1983 and Title VII

Municipal Liability for Sexual Harassment Under Section 1983 and Title VII

Date: May 23, 1989
Municipal Liability for Sexual Harassment Under Section 1983 and Title VII: Starrett v. Wadley Introduction In the landmark case Starrett v. Wadley, decided by the United States Court of Appeals for...
Enhanced Passenger Rights in Vehicle Stops: United States v. Erwin

Enhanced Passenger Rights in Vehicle Stops: United States v. Erwin

Date: May 17, 1989
Enhanced Passenger Rights in Vehicle Stops: United States v. Erwin Introduction The case of United States of America v. James Ray Erwin, decided by the United States Court of Appeals for the Tenth...
Implied Covenant to Maintain Requirements in Cooperative Requirements Contracts under the Rural Electrification Act

Implied Covenant to Maintain Requirements in Cooperative Requirements Contracts under the Rural Electrification Act

Date: May 6, 1989
Implied Covenant to Maintain Requirements in Cooperative Requirements Contracts under the Rural Electrification Act Introduction The case Tri-State Generation Transmission Association, Inc.,...
Application of Qualified Immunity to Social Workers in §1983 Claims – Spielman v. Hildebrand & Madsen

Application of Qualified Immunity to Social Workers in §1983 Claims – Spielman v. Hildebrand & Madsen

Date: May 4, 1989
Application of Qualified Immunity to Social Workers in §1983 Claims – Spielman v. Hildebrand & Madsen Introduction In Spielman v. Hildebrand & Madsen, 873 F.2d 1377 (10th Cir. 1989), Larry and Karen...
Federal Judicial Precedence in Tribal Gaming Under Sovereign Immunity: Analysis of Seneca-Cayuga v. Oklahoma

Federal Judicial Precedence in Tribal Gaming Under Sovereign Immunity: Analysis of Seneca-Cayuga v. Oklahoma

Date: May 4, 1989
Federal Judicial Precedence in Tribal Gaming Under Sovereign Immunity: Analysis of Seneca-Cayuga v. Oklahoma Introduction The case of Seneca-Cayuga Tribe of Oklahoma v. State of Oklahoma (874 F.2d...
Reaffirming the Single Conspiracy Doctrine in Drug Importation Cases: United States v. Marmon Dennis Record

Reaffirming the Single Conspiracy Doctrine in Drug Importation Cases: United States v. Marmon Dennis Record

Date: Apr 29, 1989
Reaffirming the Single Conspiracy Doctrine in Drug Importation Cases: United States v. Marmon Dennis Record Introduction United States of America v. Marmon Dennis Record, 873 F.2d 1363 (10th Cir....
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