10th Circuit Case Commentaries

Balancing First Amendment Privileges in Discovery Orders: Grandbouche v. IRS Agents

Date: Aug 14, 1987

Balancing First Amendment Privileges in Discovery Orders: Grandbouche v. IRS Agents Introduction In the landmark case of Grandbouche v. IRS Agents, decided by the United States Court of Appeals for...

Affirmation of Judicial Discretion in Defense Motions and Evidentiary Standards: United States v. Wright et al.

Date: Aug 12, 1987

Affirmation of Judicial Discretion in Defense Motions and Evidentiary Standards: United States v. Wright et al. Introduction In the case of United States of America v. Jack Walder Wright a/k/a Robert...

Defining Employee Status of General Partners under Antidiscrimination Laws: Insights from Wheeler v. Main Hurdman

Date: Jul 28, 1987

Defining Employee Status of General Partners under Antidiscrimination Laws: Insights from Wheeler v. Main Hurdman Introduction Marilyn Wheeler v. Main Hurdman is a pivotal case adjudicated by the...

New Precedent on Avoiding Fraudulent Transfers in Ponzi Schemes: Merrill v. Abbott et al.

Date: Jul 24, 1987

New Precedent on Avoiding Fraudulent Transfers in Ponzi Schemes: Merrill v. Abbott et al. Introduction In the landmark case of Merrill v. Abbott et al. (In re Independent Clearing House Company, 77...

Campbell v. Bowen: Burden of Proof in Social Security Disability Determinations Reinforced

Date: Jul 10, 1987

Campbell v. Bowen: Burden of Proof in Social Security Disability Determinations Reinforced Introduction In Campbell v. Bowen, 822 F.2d 1518 (10th Cir. 1987), the United States Court of Appeals for...

Absolute Immunity Affirmed for State Medical Examiners in Adjudicative Proceedings: Horwitz v. State Board of Medical Examiners

Date: Jul 8, 1987

Absolute Immunity Affirmed for State Medical Examiners in Adjudicative Proceedings: Horwitz v. State Board of Medical Examiners Introduction In Horwitz v. State Board of Medical Examiners, decided by...

Reversal of Social Security Disability Denial in E.L. Harris v. Secretary of Health and Human Services

Date: Jun 27, 1987

Reversal of Social Security Disability Denial in E.L. Harris v. Secretary of Health and Human Services Introduction The case E.L. Harris, Plaintiff-Appellant, v. Secretary of Health and Human...

Vagueness in Capital Sentencing: CARTWRIGHT v. MAYNARD and the "Especially Heinous, Atrocious, or Cruel" Standard

Date: Jun 23, 1987

Vagueness in Capital Sentencing: CARTWRIGHT v. MAYNARD and the "Especially Heinous, Atrocious, or Cruel" Standard Introduction CARTWRIGHT v. MAYNARD, 822 F.2d 1477 (10th Cir. 1987), marks a pivotal...

Affirmation of Personal Jurisdiction and Procedural Standards in Guaranty Agreement Breach

Date: Jun 20, 1987

Affirmation of Personal Jurisdiction and Procedural Standards in Guaranty Agreement Breach Introduction The case of First City Bank, N.A. v. Air Capitol Aircraft Sales, Inc. and Gary R. Morgan...

Establishing State Action in § 1983 Claims: The Frank Lee v. Town of Estes Park Decision

Date: Jun 6, 1987

Establishing State Action in § 1983 Claims: The Frank Lee v. Town of Estes Park Decision Introduction The case of Frank Lee v. Town of Estes Park ([820 F.2d 1112 (10th Cir....

Enhancing Fair Hearing Standards in Unemployment Compensation: Shaw v. Valdez

Date: May 27, 1987

Enhancing Fair Hearing Standards in Unemployment Compensation: Shaw v. Valdez Introduction The case of Barry D. Shaw v. Ruben A. Valdez and others, adjudicated by the United States Court of Appeals...

Reevaluation of Waiver of Counsel: Tenth Circuit's Decision in United States v. Padilla

Date: May 22, 1987

Reevaluation of Waiver of Counsel: Tenth Circuit's Decision in United States v. Padilla Introduction In the landmark case of United States of America v. Herman Padilla, the United States Court of...

Overbroad Restrictions on Anonymous Campaign Literature: Wilson v. Stocker

Date: May 15, 1987

Overbroad Restrictions on Anonymous Campaign Literature: Wilson v. Stocker Introduction James E. Wilson, the plaintiff-appellee, challenged the constitutionality of a state statute in James E. Wilson...

Reasonable Reliance Required for Non-Discharge of Debt under §523(a)(2): Analysis of In Re Michael Duane Mullet

Date: May 2, 1987

Reasonable Reliance Required for Non-Discharge of Debt under §523(a)(2): Analysis of In Re Michael Duane Mullet Introduction The case of In Re Michael Duane Mullet, Debtor versus First Bank of...

Excessive School Corporal Punishment Constitutes a Violation of Substantive Due Process: Garcia v. Miera

Date: Apr 29, 1987

Excessive School Corporal Punishment Constitutes a Violation of Substantive Due Process: Garcia v. Miera Introduction Garcia v. Miera et al., 817 F.2d 650 (10th Cir. 1987), adjudicated by the United...

Reaffirming the Treating Physician Rule: Kemp v. Bowen Establishes Critical Precedent in Disability Benefit Evaluations

Date: Apr 25, 1987

Reaffirming the Treating Physician Rule: Kemp v. Bowen Establishes Critical Precedent in Disability Benefit Evaluations Introduction Audette Kemp v. Otis R. Bowen, Secretary of Health and Human...

Defining "Locomotive" Under the Boiler Inspection Act: Insights from Garcia v. Burlington Northern Railroad Co.

Date: Apr 23, 1987

Defining "Locomotive" Under the Boiler Inspection Act: Insights from Garcia v. Burlington Northern Railroad Co. Introduction The case of Joe E. Garcia v. Burlington Northern Railroad Company...

Oral Pronouncement Supersedes Written Sentencing Orders: Comprehensive Analysis of United States v. Villano

Date: Apr 22, 1987

Oral Pronouncement Supersedes Written Sentencing Orders: Comprehensive Analysis of United States v. Villano Introduction United States of America v. Paul C. "Paulie" Villano, 816 F.2d 1448 (10th Cir....

Class Proofs of Claim in Bankruptcy Proceedings: Insights from In Re Standard Metals Corporation v. Sheftelman

Date: Apr 21, 1987

Class Proofs of Claim in Bankruptcy Proceedings: Insights from In Re Standard Metals Corporation v. Sheftelman Introduction The case of In Re Standard Metals Corporation, Debtor. Dann S. Sheftelman,...

Proper Evaluation of Medical Evidence and Transferable Skills in Disability Claims: Frey v. Bowen

Date: Apr 11, 1987

Proper Evaluation of Medical Evidence and Transferable Skills in Disability Claims: Frey v. Bowen Introduction George W. Frey appealed the decision of the Secretary of the Department of Health and...

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