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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Balancing R.S. 2477 Rights-of-Way with FLPMA and NEPA Obligations: Comprehensive Analysis in Sierra Club v. Hodel

Balancing R.S. 2477 Rights-of-Way with FLPMA and NEPA Obligations: Comprehensive Analysis in Sierra Club v. Hodel

Date: Sep 1, 1988
Balancing R.S. 2477 Rights-of-Way with FLPMA and NEPA Obligations: Comprehensive Analysis in Sierra Club v. Hodel Introduction In Sierra Club, A Non-Profit Corporation v. Donald P. Hodel, et al., the...
Clarifying the One Satisfaction Rule and Assignment Clauses in Securities Fraud: U.S. Industries v. Touche Ross

Clarifying the One Satisfaction Rule and Assignment Clauses in Securities Fraud: U.S. Industries v. Touche Ross

Date: Aug 23, 1988
Clarifying the One Satisfaction Rule and Assignment Clauses in Securities Fraud: U.S. Industries v. Touche Ross Introduction The case U.S. Industries, Inc. v. Touche Ross Co., decided by the United...
Waiver of Sovereign Immunity Under the EAJA and Standards for Rule 11 Sanctions: Insights from Adamson v. Bowen

Waiver of Sovereign Immunity Under the EAJA and Standards for Rule 11 Sanctions: Insights from Adamson v. Bowen

Date: Aug 16, 1988
Waiver of Sovereign Immunity Under the EAJA and Standards for Rule 11 Sanctions: Insights from Adamson v. Bowen Introduction The case of Gerald K. Adamson v. Otis R. Bowen, M.D., Secretary of Health...
Qualified Immunity and Summary Judgment: Insights from Jones v. City and County of Denver

Qualified Immunity and Summary Judgment: Insights from Jones v. City and County of Denver

Date: Aug 13, 1988
Qualified Immunity and Summary Judgment: Insights from Jones v. City and County of Denver Introduction The case of Charles F. Jones, Jr. v. City and County of Denver, decided by the United States...
Affirmation of Mercy Hospital’s Dismissal of Antitrust Claims: A Comprehensive Analysis of McKenzie v. Mercy Hospital

Affirmation of Mercy Hospital’s Dismissal of Antitrust Claims: A Comprehensive Analysis of McKenzie v. Mercy Hospital

Date: Aug 11, 1988
Affirmation of Mercy Hospital’s Dismissal of Antitrust Claims: A Comprehensive Analysis of McKenzie v. Mercy Hospital Introduction The case of Steve L. McKenzie, D.O., Plaintiff-Appellant versus...
Fed.R.Evid. 702 Restricts Expert Testimony from Defining Legal Standards - SPECHT v. JENSEN

Fed.R.Evid. 702 Restricts Expert Testimony from Defining Legal Standards - SPECHT v. JENSEN

Date: Aug 4, 1988
Fed.R.Evid. 702 Restricts Expert Testimony from Defining Legal Standards - SPECHT v. JENSEN Introduction SPECHT v. JENSEN is a pivotal case decided by the United States Court of Appeals for the Tenth...
Protected Speech in Public Employment: Conaway v. City of Kansas City

Protected Speech in Public Employment: Conaway v. City of Kansas City

Date: Aug 3, 1988
Protected Speech in Public Employment: Conaway v. City of Kansas City Introduction Clyde Conaway v. Edward C. Smith et al., 853 F.2d 789 (10th Cir. 1988), is a pivotal case addressing the...
Establishing Administrative Expense Priority for Earned Bonuses in Bankruptcy Proceedings: In Re Amarex, Inc.

Establishing Administrative Expense Priority for Earned Bonuses in Bankruptcy Proceedings: In Re Amarex, Inc.

Date: Jul 30, 1988
Establishing Administrative Expense Priority for Earned Bonuses in Bankruptcy Proceedings: In Re Amarex, Inc. Introduction In Re Amarex, Inc., Debtor. Robert O. Isaac, Appellee, v. Temex Energy,...
Establishing the Limits of Rule 15(c) FRCP in Extending Statute of Limitations: Insights from Anderson v. Deere Co.

Establishing the Limits of Rule 15(c) FRCP in Extending Statute of Limitations: Insights from Anderson v. Deere Co.

Date: Jul 27, 1988
Establishing the Limits of Rule 15(c) FRCP in Extending Statute of Limitations: Insights from Anderson v. Deere Co. Introduction The case of Warren L. Anderson and Ruby Anderson v. Deere Co., John...
Interpreting 'Substantial Justification' under the Equal Access to Justice Act: Insights from Hadden v. Bowen

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

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

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

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

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

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

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)

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

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

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

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,...
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