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  • Commentaries
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10th Circuit Case Commentaries

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....
Reinforcing Pleading Standards for Antitrust and RICO Actions: Cayman Exploration Corp. v. United Gas Pipe Line Co.

Reinforcing Pleading Standards for Antitrust and RICO Actions: Cayman Exploration Corp. v. United Gas Pipe Line Co.

Date: Apr 27, 1989
Reinforcing Pleading Standards for Antitrust and RICO Actions: Cayman Exploration Corp. v. United Gas Pipe Line Co. Introduction The case of Cayman Exploration Corporation v. United Gas Pipe Line...
Coercive Warrantless Home Arrest Violates Payton: Unlawful Seizure and Tainted Evidence in U.S. v. Arthur Maez

Coercive Warrantless Home Arrest Violates Payton: Unlawful Seizure and Tainted Evidence in U.S. v. Arthur Maez

Date: Apr 20, 1989
Coercive Warrantless Home Arrest Violates Payton: Unlawful Seizure and Tainted Evidence in U.S. v. Arthur Maez Introduction United States of America v. Arthur Maez (872 F.2d 1444) is a pivotal case...
Due Process Protections for Prisoner Property Interests: Insights from Gillihan v. Shillinger

Due Process Protections for Prisoner Property Interests: Insights from Gillihan v. Shillinger

Date: Apr 13, 1989
Due Process Protections for Prisoner Property Interests: Insights from Gillihan v. Shillinger Introduction Gillihan v. Shillinger, 872 F.2d 935 (10th Cir. 1989), is a pivotal case in the realm of...
Establishing Standing in RICO Claims: Insights from Grider v. Texas Oil Gas Corp.

Establishing Standing in RICO Claims: Insights from Grider v. Texas Oil Gas Corp.

Date: Mar 22, 1989
Establishing Standing in RICO Claims: Insights from Grider v. Texas Oil Gas Corp. Introduction The case of Grider v. Texas Oil Gas Corp., adjudicated by the United States Court of Appeals for the...
Clarifying 'Carrying' of Firearms under 18 U.S.C. § 924(c): Tenth Circuit Sets New Precedent

Clarifying 'Carrying' of Firearms under 18 U.S.C. § 924(c): Tenth Circuit Sets New Precedent

Date: Mar 18, 1989
Clarifying 'Carrying' of Firearms under 18 U.S.C. § 924(c): Tenth Circuit Sets New Precedent Introduction The case of United States of America v. Martin Cardenas, adjudicated in the United States...
Affirmation of Take-or-Pay Obligations under Oklahoma Law: Kaiser-Francis Oil Co. v. Producer's Gas Co.

Affirmation of Take-or-Pay Obligations under Oklahoma Law: Kaiser-Francis Oil Co. v. Producer's Gas Co.

Date: Mar 9, 1989
Affirmation of Take-or-Pay Obligations under Oklahoma Law: Kaiser-Francis Oil Co. v. Producer's Gas Co. Introduction The legal dispute between Kaiser-Francis Oil Company, a Delaware corporation, and...
Durre v. Colorado Dept. of Corrections: Affirmation of Dismissal under Section 1983

Durre v. Colorado Dept. of Corrections: Affirmation of Dismissal under Section 1983

Date: Mar 1, 1989
Durre v. Colorado Dept. of Corrections: Affirmation of Dismissal under Section 1983 Introduction Edgar Lee Durre, an inmate within the Colorado Department of Corrections, initiated a legal challenge...
Grubb v. FDIC: Affirming Rule 10b-5 Standing and Causation in Securities Fraud Claims

Grubb v. FDIC: Affirming Rule 10b-5 Standing and Causation in Securities Fraud Claims

Date: Feb 17, 1989
Grubb v. FDIC: Affirming Rule 10b-5 Standing and Causation in Securities Fraud Claims Introduction In the landmark case Grubb v. FDIC, decided by the United States Court of Appeals for the Tenth...
Procedural Mandates for Amending Complaints in RICO Cases: Insights from Bonnie Glenn v. First National Bank

Procedural Mandates for Amending Complaints in RICO Cases: Insights from Bonnie Glenn v. First National Bank

Date: Feb 16, 1989
Procedural Mandates for Amending Complaints in RICO Cases: Insights from Bonnie Glenn v. First National Bank Introduction The case of Bonnie Glenn and Glenn's Enterprises Inc. v. First National Bank...
Limitations on Amending Defendants in Federal Employment Discrimination Actions: Johnson v. United States Postal Service

Limitations on Amending Defendants in Federal Employment Discrimination Actions: Johnson v. United States Postal Service

Date: Feb 16, 1989
Limitations on Amending Defendants in Federal Employment Discrimination Actions: Johnson v. United States Postal Service Introduction Jerrald M. Johnson v. United States Postal Service is a...
Strict Adherence to Medical-Vocational Guidelines Affirmed in Disability Claims: Gossett v. Bowen

Strict Adherence to Medical-Vocational Guidelines Affirmed in Disability Claims: Gossett v. Bowen

Date: Feb 14, 1989
Strict Adherence to Medical-Vocational Guidelines Affirmed in Disability Claims: Gossett v. Bowen Introduction The case of Benjamin S. Gossett v. Otis R. Bowen, M.D. addresses the intricacies of...
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