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  • Commentaries
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10th Circuit Case Commentaries

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

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

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

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

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

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

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

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

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

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.,...
ERISA Partial Termination and Vesting: Comprehensive Analysis of Automation, Inc. v. Sage et al.

ERISA Partial Termination and Vesting: Comprehensive Analysis of Automation, Inc. v. Sage et al.

Date: Apr 29, 1988
ERISA Partial Termination and Vesting: Comprehensive Analysis of Automation, Inc. v. Sage et al. Introduction The case of Harold Sage et al. v. Automation, Incorporated addresses critical issues...
Reyes v. Bowen: Upholding Substantial Evidence in SSI Disability Claims

Reyes v. Bowen: Upholding Substantial Evidence in SSI Disability Claims

Date: Apr 27, 1988
Reyes v. Bowen: Upholding Substantial Evidence in SSI Disability Claims Introduction Fidelia Reyes appealed the decision of the United States Court of Appeals for the Tenth Circuit regarding her...
Enhanced First Amendment Protections for Public Employees in Non-Confidential Positions

Enhanced First Amendment Protections for Public Employees in Non-Confidential Positions

Date: Apr 26, 1988
Enhanced First Amendment Protections for Public Employees in Non-Confidential Positions Introduction The case of DICK DICKESON AND BETH WEAVER v. DELOYD QUARBERG AND THE BOARD OF COUNTY COMMISSIONERS...
Comprehensive Commentary on United States v. Nichols: Upholding Criminal Forfeiture and the Sixth Amendment

Comprehensive Commentary on United States v. Nichols: Upholding Criminal Forfeiture and the Sixth Amendment

Date: Apr 23, 1988
Comprehensive Commentary on United States v. Nichols: Upholding Criminal Forfeiture and the Sixth Amendment Introduction Case Citation: United States v. Nichols, 841 F.2d 1485 (10th Cir. 1988) Court:...
Combined Impairments and the Application of Social Security Disability Grids: Analysis of Williams v. Bowen

Combined Impairments and the Application of Social Security Disability Grids: Analysis of Williams v. Bowen

Date: Apr 20, 1988
Combined Impairments and the Application of Social Security Disability Grids: Analysis of Williams v. Bowen Introduction In Glen W. Williams v. Otis R. Bowen, M.D., Secretary of Health and Human...
Establishing Prima Facie Age Discrimination in Reduction-in-Force: Branson & Saccomanno v. Price River Coal Company

Establishing Prima Facie Age Discrimination in Reduction-in-Force: Branson & Saccomanno v. Price River Coal Company

Date: Apr 19, 1988
Establishing Prima Facie Age Discrimination in Reduction-in-Force: Branson & Saccomanno v. Price River Coal Company Introduction Branson & Saccomanno v. Price River Coal Company, 853 F.2d 768 (10th...
MacCuish v. United States: Affirmation of Federal Tort Claims Act Limits on Medical Malpractice Claims

MacCuish v. United States: Affirmation of Federal Tort Claims Act Limits on Medical Malpractice Claims

Date: Apr 16, 1988
MacCuish v. United States: Affirmation of Federal Tort Claims Act Limits on Medical Malpractice Claims Introduction MacCuish v. United States of America (844 F.2d 733), adjudicated by the United...
Extension of Qualified Immunity to Private Contractors: DeVargas v. Mason Hanger-Silas Mason Co.

Extension of Qualified Immunity to Private Contractors: DeVargas v. Mason Hanger-Silas Mason Co.

Date: Apr 8, 1988
Extension of Qualified Immunity to Private Contractors: DeVargas v. Mason Hanger-Silas Mason Co. Introduction In the case of Alfredo DeVargas v. Mason Hanger-Silas Mason Co., Inc., decided by the...
Affirmation of Title VII Class-Wide Gender Discrimination and Remand for Remedy Reconsideration in Western Electric Co. v. Pitre

Affirmation of Title VII Class-Wide Gender Discrimination and Remand for Remedy Reconsideration in Western Electric Co. v. Pitre

Date: Mar 30, 1988
Affirmation of Title VII Class-Wide Gender Discrimination and Remand for Remedy Reconsideration in Western Electric Co. v. Pitre Introduction The case of Janice D. Pitre v. Western Electric Company,...
Suppression of Evidence Due to Flagrant Disregard of Search Warrant Terms in Joint Execution

Suppression of Evidence Due to Flagrant Disregard of Search Warrant Terms in Joint Execution

Date: Mar 25, 1988
Suppression of Evidence Due to Flagrant Disregard of Search Warrant Terms in Joint Execution Introduction United States of America v. Arvle Edgar Medlin, 842 F.2d 1194 (10th Cir. 1988), is a pivotal...
Restricting Eleventh Amendment Immunity for State Employees in Personal Capacity in Federal Civil Rights Actions

Restricting Eleventh Amendment Immunity for State Employees in Personal Capacity in Federal Civil Rights Actions

Date: Mar 16, 1988
Restricting Eleventh Amendment Immunity for State Employees in Personal Capacity in Federal Civil Rights Actions Introduction The case of Griess v. The State of Colorado (841 F.2d 1042, 10th Cir....
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