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  • Commentaries
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10th Circuit Case Commentaries

Limitation of §1983 Claims to Personal Rights: Analysis of Archuleta v. McShan

Limitation of §1983 Claims to Personal Rights: Analysis of Archuleta v. McShan

Date: Mar 2, 1990
Limitation of §1983 Claims to Personal Rights: Analysis of Archuleta v. McShan Introduction Archuleta v. McShan, 897 F.2d 495 (10th Cir. 1990), is a pivotal case in understanding the scope and...
Polson v. Davis: Upholding Employment At-Will Doctrine and Exclusive Remedies in Kansas

Polson v. Davis: Upholding Employment At-Will Doctrine and Exclusive Remedies in Kansas

Date: Feb 7, 1990
Polson v. Davis: Upholding Employment At-Will Doctrine and Exclusive Remedies in Kansas Introduction In the landmark case of Polson v. Davis, decided by the United States Court of Appeals for the...
Limits on Municipal Liability under 42 U.S.C. § 1983: Commentary on Plaintiffs v. Independent School District No. 16

Limits on Municipal Liability under 42 U.S.C. § 1983: Commentary on Plaintiffs v. Independent School District No. 16

Date: Jan 26, 1990
Limits on Municipal Liability under 42 U.S.C. § 1983: Commentary on Plaintiffs v. Independent School District No. 16 Introduction The case of Plaintiffs-Appellees v. Independent School District No....
Establishing Liability in Civil Rights Violations: Robinson v. Maruffi et al.

Establishing Liability in Civil Rights Violations: Robinson v. Maruffi et al.

Date: Jan 20, 1990
Establishing Liability in Civil Rights Violations: Robinson v. Maruffi et al. Introduction Robinson v. Maruffi et al. is a significant judicial decision rendered by the United States Court of Appeals...
Affirmation of Constructive Discharge and Liquidated Damages in ADEA Claims: Spulak v. K Mart Corp.

Affirmation of Constructive Discharge and Liquidated Damages in ADEA Claims: Spulak v. K Mart Corp.

Date: Jan 19, 1990
Affirmation of Constructive Discharge and Liquidated Damages in ADEA Claims: Spulak v. K Mart Corp. Introduction The case of Frank L. Spulak v. K Mart Corporation revolves around significant issues...
Accountability of Payor Banks under UCC §4-213(1) Affirmed in Las Vegas Ice v. Far West Bank

Accountability of Payor Banks under UCC §4-213(1) Affirmed in Las Vegas Ice v. Far West Bank

Date: Jan 13, 1990
Accountability of Payor Banks under UCC §4-213(1) Affirmed in Las Vegas Ice v. Far West Bank Introduction The case of Las Vegas Ice and Cold Storage Company v. Far West Bank, decided by the United...
United States v. Beaulieu: Affirmation of Using Separate Trial Testimony in Sentencing Under Federal Guidelines

United States v. Beaulieu: Affirmation of Using Separate Trial Testimony in Sentencing Under Federal Guidelines

Date: Jan 11, 1990
United States v. Beaulieu: Affirmation of Using Separate Trial Testimony in Sentencing Under Federal Guidelines Introduction In United States of America v. Darrell Beaulieu, the Tenth Circuit Court...
Strict Adherence to Rule 60(b) and Reasonable Attorney Fees: Insights from Pelican Production Corp. v. Marino

Strict Adherence to Rule 60(b) and Reasonable Attorney Fees: Insights from Pelican Production Corp. v. Marino

Date: Jan 9, 1990
Strict Adherence to Rule 60(b) and Reasonable Attorney Fees: Insights from Pelican Production Corp. v. Marino Introduction The case Pelican Production Corporation, a Louisiana Corporation; Brent...
Reaffirming Standards for Conflict of Interest in Defense Representation: Insights from United States v. Bowie

Reaffirming Standards for Conflict of Interest in Defense Representation: Insights from United States v. Bowie

Date: Jan 9, 1990
Reaffirming Standards for Conflict of Interest in Defense Representation: Insights from United States v. Bowie Introduction The case of United States of America v. Millard Bowie, adjudicated by the...
Sovereign Immunity of Indian Tribes Affirmed in Cherokee Freedmen Case

Sovereign Immunity of Indian Tribes Affirmed in Cherokee Freedmen Case

Date: Dec 23, 1989
Sovereign Immunity of Indian Tribes Affirmed in Cherokee Freedmen Case Introduction The case of R.H. Nero et al. v. The Cherokee Nation of Oklahoma et al. (892 F.2d 1457) presented a significant...
Expansion of Venue and Reinforcement of Antitrust Claims in Monument Builders v. American Cemetery Assn.

Expansion of Venue and Reinforcement of Antitrust Claims in Monument Builders v. American Cemetery Assn.

Date: Dec 20, 1989
Expansion of Venue and Reinforcement of Antitrust Claims in Monument Builders v. American Cemetery Assn. Introduction In the landmark case Monument Builders of Greater Kansas City, Inc. v. American...
Qualified Immunity Affirmed in Powell v. Mikulecky et al. (1989)

Qualified Immunity Affirmed in Powell v. Mikulecky et al. (1989)

Date: Dec 16, 1989
Qualified Immunity Affirmed in Powell v. Mikulecky et al. (1989) Introduction In Powell v. Mikulecky, et al. (891 F.2d 1454, 10th Cir., 1989), the United States Court of Appeals for the Tenth Circuit...
Fortuitousness in All-Risk Insurance: Insights from Adams-Arapahoe Joint School District v. Continental Insurance Co.

Fortuitousness in All-Risk Insurance: Insights from Adams-Arapahoe Joint School District v. Continental Insurance Co.

Date: Dec 12, 1989
Fortuitousness in All-Risk Insurance: Insights from Adams-Arapahoe Joint School District v. Continental Insurance Co. Introduction The case of Adams-Arapahoe Joint School District No. 28-J v. The...
Tenth Circuit Establishes New Precedent on Off-Duty Public Employee Speech Rights

Tenth Circuit Establishes New Precedent on Off-Duty Public Employee Speech Rights

Date: Dec 9, 1989
Tenth Circuit Establishes New Precedent on Off-Duty Public Employee Speech Rights Introduction In the landmark case of Flanagan, Morris, and Bjornsrud v. Munger and City of Colorado Springs, the...
Exclusive Judicial Review Under the Natural Gas Act: Williams Natural Gas Co. v. City of Oklahoma City

Exclusive Judicial Review Under the Natural Gas Act: Williams Natural Gas Co. v. City of Oklahoma City

Date: Nov 23, 1989
Exclusive Judicial Review Under the Natural Gas Act: Williams Natural Gas Co. v. City of Oklahoma City Introduction The case of Williams Natural Gas Company v. City of Oklahoma City (890 F.2d 255,...
Establishing Precedent on Residual Functional Capacity and Treatment Evidence in Social Security Disability Claims: Boyd L. Sorenson v. Otis R. Bowen

Establishing Precedent on Residual Functional Capacity and Treatment Evidence in Social Security Disability Claims: Boyd L. Sorenson v. Otis R. Bowen

Date: Nov 2, 1989
Establishing Precedent on Residual Functional Capacity and Treatment Evidence in Social Security Disability Claims: Boyd L. Sorenson v. Otis R. Bowen Introduction Boyd L. Sorenson v. Otis R. Bowen,...
WULF v. CITY OF WICHITA: Affirming First Amendment Protections for Police Officers Against Retaliatory Termination

WULF v. CITY OF WICHITA: Affirming First Amendment Protections for Police Officers Against Retaliatory Termination

Date: Nov 1, 1989
WULF v. CITY OF WICHITA: Affirming First Amendment Protections for Police Officers Against Retaliatory Termination 1. Introduction WULF v. CITY OF WICHITA, 883 F.2d 842 (10th Cir. 1989), is a pivotal...
United States v. Peveto: Admissibility of Co-conspirator Hearsay in Conspiracy Charges

United States v. Peveto: Admissibility of Co-conspirator Hearsay in Conspiracy Charges

Date: Oct 31, 1989
United States v. Peveto: Admissibility of Co-conspirator Hearsay in Conspiracy Charges Introduction United States of America v. Burl Allen Peveto, Jr. is a pivotal appellate decision rendered by the...
Judicial Oversight of Contingent Fee Agreements and Exclusive Representation by Guardians ad Litem in Garrick v. Weaver

Judicial Oversight of Contingent Fee Agreements and Exclusive Representation by Guardians ad Litem in Garrick v. Weaver

Date: Oct 31, 1989
Judicial Oversight of Contingent Fee Agreements and Exclusive Representation by Guardians ad Litem in Garrick v. Weaver Introduction The case of Roberta Garrick v. Weaver et al., adjudicated by the...
Presumption of Correctness in Federal Habeas Review: Carl Edwin Case v. Eloy Mondragon

Presumption of Correctness in Federal Habeas Review: Carl Edwin Case v. Eloy Mondragon

Date: Oct 26, 1989
Presumption of Correctness in Federal Habeas Review: Carl Edwin Case v. Eloy Mondragon Introduction Carl Edwin Case v. Eloy Mondragon, 887 F.2d 1388 (10th Cir. 1989), is a pivotal decision by the...
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