10th Circuit Case Commentaries

Interpreting 'Substantial Justification' under the Equal Access to Justice Act: Insights from Hadden v. Bowen

Date: Jul 21, 1988

Interpreting 'Substantial Justification' under the Equal Access to Justice Act: Insights from Hadden v. Bowen Introduction Hadden v. Bowen, 851 F.2d 1266 (10th Cir. 1988), represents a pivotal case...

ERISA Preemption in Pension Benefit Disputes: Analysis of George Straub v. Western Union Telegraph Company

Date: Jul 16, 1988

ERISA Preemption in Pension Benefit Disputes: Analysis of George Straub v. Western Union Telegraph Company Introduction The case of George Straub v. Western Union Telegraph Company, adjudicated by...

Functional Literacy Standards in Social Security Disability Determinations: Eggleston v. Bowen

Date: Jul 15, 1988

Functional Literacy Standards in Social Security Disability Determinations: Eggleston v. Bowen Introduction The case of William B. Eggleston v. Otis R. Bowen, decided by the United States Court of...

Racial Discrimination Claims under §1981 Not Precluded by the Railway Labor Act: McAlester v. United Airlines

Date: Jul 15, 1988

Racial Discrimination Claims under §1981 Not Precluded by the Railway Labor Act: McAlester v. United Airlines Introduction The case of Walter McAlester v. United Airlines, Inc. (851 F.2d 1249)...

Overruling A.O. Smith: Establishing New Jurisdictional Standards for Premature Appeals

Date: Jul 6, 1988

Overruling A.O. Smith: Establishing New Jurisdictional Standards for Premature Appeals Introduction In the case of Robert Lewis v. B.F. Goodrich Company; Daniel Newsome; Roy Ailstock, decided on July...

Bernal v. Bowen: Affirmation of Disability Benefits Denial Based on Substantial Evidence and Residual Functional Capacity

Date: Jun 28, 1988

Bernal v. Bowen: Affirmation of Disability Benefits Denial Based on Substantial Evidence and Residual Functional Capacity Introduction Bernal v. Bowen, 851 F.2d 297 (10th Cir. 1988), is a pivotal...

Affirmed: Expansion and Clarification of Continuing Criminal Enterprise Criteria

Date: Jun 25, 1988

Affirmed: Expansion and Clarification of Continuing Criminal Enterprise Criteria Introduction The case of United States of America v. Alfred Lee Apodaca, adjudicated by the United States Court of...

Reed v. Bowen: Upholding Strict Class Certification Standards under Fed.R.Civ.P. 23(a)

Date: Jun 16, 1988

Reed v. Bowen: Upholding Strict Class Certification Standards under Fed.R.Civ.P. 23(a) Introduction Reed v. Bowen, 849 F.2d 1307 (10th Cir. 1988), addresses pivotal issues concerning class action...

United States v. Estrada, Jr.: Reinforcing the Right to an Evidentiary Hearing for Plea Challenges under 28 U.S.C. §2255

Date: Jun 15, 1988

United States v. Estrada, Jr.: Reinforcing the Right to an Evidentiary Hearing for Plea Challenges under 28 U.S.C. §2255 Introduction United States v. Estrada, Jr. is a pivotal case adjudicated by...

Enhanced Liability Standards for Chemical Manufacturers: Burnette v. Dow Chemical Co. Analysis

Date: Jun 14, 1988

Enhanced Liability Standards for Chemical Manufacturers: Burnette v. Dow Chemical Co. Analysis Introduction The landmark case of Burnette v. Dow Chemical Company, adjudicated by the United States...

Sanctioning Attorneys for Frivolous Litigation: A Comprehensive Analysis of Glass v. Phelps-Chartered

Date: Jun 14, 1988

Sanctioning Attorneys for Frivolous Litigation: A Comprehensive Analysis of Glass v. Phelps-Chartered Introduction The case of GEORGE A. GLASS, JR. AND NONA GLASS, PLAINTIFFS versus PHELPS-CHARTERED,...

Balancing Arbitration Rights and Waiver: The Tenth Circuit’s Ruling in Peterson v. Shearson/American Express

Date: Jun 10, 1988

Balancing Arbitration Rights and Waiver: The Tenth Circuit’s Ruling in Peterson v. Shearson/American Express Introduction Peterson v. Shearson/American Express, Inc. is a pivotal case decided by the...

Exclusion of Government Expert Evidence Under Rule 16(d)(2): Precedent from U.S.A. v. Wicker and Siler

Date: Jun 7, 1988

Exclusion of Government Expert Evidence Under Rule 16(d)(2): Precedent from U.S.A. v. Wicker and Siler Introduction In the landmark case of United States of America v. Tony Ray Wicker and Vickie...

Limits of First Amendment Protection for Public Employees' Official Reports: An Analysis of KOCH v. CITY OF HUTCHINSON

Date: Jun 3, 1988

Limits of First Amendment Protection for Public Employees' Official Reports: An Analysis of KOCH v. CITY OF HUTCHINSON Introduction The case of Thomas G. KOCH v. CITY OF HUTCHINSON, adjudicated by...

Strict Standards for Judicial Recusal and Discovery Compliance: Willner v. University of Kansas

Date: Jun 2, 1988

Strict Standards for Judicial Recusal and Discovery Compliance: Willner v. University of Kansas Introduction Dorothy Willner v. University of Kansas is a pivotal case adjudicated by the United States...

Limits on Magistrate Authority in Imposing Dismissal Sanctions: Ocelot Oil Corp. v. Sparrow Industries

Date: Jun 1, 1988

Limits on Magistrate Authority in Imposing Dismissal Sanctions: Ocelot Oil Corporation v. Sparrow Industries Introduction The case of Ocelot Oil Corporation, et al. v. Sparrow Industries, et al.,...

Independent Tort Requirement for Punitive Damages in Kansas Insurance Fraud Claims

Date: May 27, 1988

Independent Tort Requirement for Punitive Damages in Kansas Insurance Fraud Claims Introduction The case of Patricia M. Osgood v. State Farm Mutual Automobile Insurance Company (848 F.2d 141)...

Clarifying Qualified Immunity Standards in Summary Judgment: Pueblo Neighborhood Health Centers v. Losavio

Date: May 25, 1988

Clarifying Qualified Immunity Standards in Summary Judgment: Pueblo Neighborhood Health Centers v. Losavio Introduction Pueblo Neighborhood Health Centers, Inc., et al., and Oliver P. Pacheco, et...

Eastwood v. Department of Corrections: Clarifying Qualified and Absolute Immunity under §1983

Date: May 13, 1988

Eastwood v. Department of Corrections: Clarifying Qualified and Absolute Immunity under §1983 Introduction The case of Eastwood v. Department of Corrections, adjudicated by the United States Court of...

United States v. Leary and Kleinberg: Reinforcing the Fourth Amendment's Particularity Requirement

Date: May 3, 1988

United States v. Leary and Kleinberg: Reinforcing the Fourth Amendment's Particularity Requirement Introduction In the landmark case of United States v. Richard J. Leary and F.L. Kleinberg Co.,...

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