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  • Commentaries
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10th Circuit Case Commentaries

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....
Judicial Discretion in Civil Rights Litigation: Eleventh Amendment Immunity and §1983 Claims in Tenth Circuit

Judicial Discretion in Civil Rights Litigation: Eleventh Amendment Immunity and §1983 Claims in Tenth Circuit

Date: Mar 12, 1988
Judicial Discretion in Civil Rights Litigation: Eleventh Amendment Immunity and §1983 Claims in Tenth Circuit Introduction In the landmark case of Kenneth Ray Meade v. Grubbs et al. (841 F.2d 1512,...
Affirmation of Conspiracy Conviction: Indictment Sufficiency and Coconspirators' Guilty Pleas in United States v. Dunn

Affirmation of Conspiracy Conviction: Indictment Sufficiency and Coconspirators' Guilty Pleas in United States v. Dunn

Date: Mar 12, 1988
Affirmation of Conspiracy Conviction: Indictment Sufficiency and Coconspirators' Guilty Pleas in United States v. Dunn Introduction United States of America v. Alfonso L. Dunn, 841 F.2d 1026 (10th...
Clarification on Attorneys' Fees in Common Fund Litigation: Tenth Circuit's Affirmation of Percentage-Based Awards

Clarification on Attorneys' Fees in Common Fund Litigation: Tenth Circuit's Affirmation of Percentage-Based Awards

Date: Mar 3, 1988
Clarification on Attorneys' Fees in Common Fund Litigation: Tenth Circuit's Affirmation of Percentage-Based Awards Introduction The case OLIVER S. BROWN, ET AL., PLAINTIFFS, v. PHILLIPS PETROLEUM...
Collateral Estoppel in Bankruptcy Dischargeability: Insights from In Re William Wallace

Collateral Estoppel in Bankruptcy Dischargeability: Insights from In Re William Wallace

Date: Mar 1, 1988
Collateral Estoppel in Bankruptcy Dischargeability: Insights from In Re William Wallace, Debtor Introduction The case of In Re William Wallace, Debtor, adjudicated by the United States Court of...
Rambo v. American Southern Insurance: Defining Boundaries of Personal Jurisdiction for Nonresident Corporations

Rambo v. American Southern Insurance: Defining Boundaries of Personal Jurisdiction for Nonresident Corporations

Date: Feb 27, 1988
Rambo v. American Southern Insurance: Defining Boundaries of Personal Jurisdiction for Nonresident Corporations Introduction Vernon and Bonnie Rambo, the plaintiffs, initiated legal action against...
Limitations on Interference with Inheritance Claims in Federal Courts: Analysis of McKibben v. Chubb and Merrill Lynch

Limitations on Interference with Inheritance Claims in Federal Courts: Analysis of McKibben v. Chubb and Merrill Lynch

Date: Feb 27, 1988
Limitations on Interference with Inheritance Claims in Federal Courts: Analysis of McKibben v. Chubb and Merrill Lynch Introduction The case FRED T. McKIBBEN, PLAINTIFF/APPELLANT, v. JANET A. CHUBB,...
Evaluating the Credibility of Pain in Disability Determinations: Huston v. Bowen

Evaluating the Credibility of Pain in Disability Determinations: Huston v. Bowen

Date: Feb 3, 1988
Evaluating the Credibility of Pain in Disability Determinations: Huston v. Bowen 1. Introduction In the landmark case Robert T. Huston v. Otis R. Bowen, M.D., 838 F.2d 1125 (10th Cir. 1988), the...
Establishing the 'Predominant Factor' Standard for Willful Violations under the Age Discrimination in Employment Act: Cooper v. Asplundh Tree Expert Co.

Establishing the 'Predominant Factor' Standard for Willful Violations under the Age Discrimination in Employment Act: Cooper v. Asplundh Tree Expert Co.

Date: Jan 16, 1988
Establishing the 'Predominant Factor' Standard for Willful Violations under the Age Discrimination in Employment Act: Cooper v. Asplundh Tree Expert Co. Introduction The case of Joe E. Cooper v....
Exigent Circumstances in Warrantless Home Entries: Analysis of United States v. Aquino

Exigent Circumstances in Warrantless Home Entries: Analysis of United States v. Aquino

Date: Jan 12, 1988
Exigent Circumstances in Warrantless Home Entries: Analysis of United States v. Aquino, 836 F.2d 1268 (10th Cir. 1988) Introduction United States of America v. Luis Raul Aquino, decided by the United...
Deemed Acceptance of Bankruptcy Plan by Non-Voting, Non-Objecting Creditors

Deemed Acceptance of Bankruptcy Plan by Non-Voting, Non-Objecting Creditors

Date: Jan 9, 1988
Deemed Acceptance of Bankruptcy Plan by Non-Voting, Non-Objecting Creditors Introduction The case In re Ruti-Sweetwater, Inc. (836 F.2d 1263) adjudicated by the United States Court of Appeals for the...
Federal Res Judicata Governs Claim Preclusion in Successive Diversity Actions: Petromanagement Corp. v. Acme-Thomas JV

Federal Res Judicata Governs Claim Preclusion in Successive Diversity Actions: Petromanagement Corp. v. Acme-Thomas JV

Date: Jan 7, 1988
Federal Res Judicata Governs Claim Preclusion in Successive Diversity Actions: Petromanagement Corp. v. Acme-Thomas JV Introduction The case of The Petromanagement Corporation v. Acme-Thomas Joint...
Establishing Mens Rea in Federal Sexual Exploitation Cases: Commentary on UNITED STATES OF AMERICA v. William and Linda Esch

Establishing Mens Rea in Federal Sexual Exploitation Cases: Commentary on UNITED STATES OF AMERICA v. William and Linda Esch

Date: Jan 5, 1988
Establishing Mens Rea in Federal Sexual Exploitation Cases Commentary on UNITED STATES OF AMERICA v. William and Linda Esch, 832 F.2d 531 (10th Cir. 1987) Introduction United States of America v....
Attorney vs. Client Fault in Default Judgments: Insights from M.E.N. Co. v. Control Fluidics

Attorney vs. Client Fault in Default Judgments: Insights from M.E.N. Co. v. Control Fluidics

Date: Dec 4, 1987
Attorney vs. Client Fault in Default Judgments: Insights from M.E.N. Co. v. Control Fluidics Introduction The case of M.E.N. Co., a Joint Venture, et al. v. Control Fluidics, Inc., et al. (834 F.2d...
Dismissal for Failure to Comply with Pretrial Orders: Smith v. United States

Dismissal for Failure to Comply with Pretrial Orders: Smith v. United States

Date: Dec 3, 1987
Dismissal for Failure to Comply with Pretrial Orders: Smith v. United States Introduction In the case of James L. Smith v. United States of America, adjudicated by the United States Court of Appeals...
Quantum Meruit and Attorney's Fees under the Miller Act: Comprehensive Analysis of Sanchez, CJC, and Hugg v. Western States Mechanical Contractors

Quantum Meruit and Attorney's Fees under the Miller Act: Comprehensive Analysis of Sanchez, CJC, and Hugg v. Western States Mechanical Contractors

Date: Dec 1, 1987
Quantum Meruit and Attorney's Fees under the Miller Act: Comprehensive Analysis of Sanchez, CJC, and Hugg v. Western States Mechanical Contractors Introduction The case of United States of America,...
Hicks v. Gates Rubber Co.: Expanding the Scope of Hostile Work Environment Under Title VII

Hicks v. Gates Rubber Co.: Expanding the Scope of Hostile Work Environment Under Title VII

Date: Nov 26, 1987
Hicks v. Gates Rubber Co.: Expanding the Scope of Hostile Work Environment Under Title VII Introduction In Hicks v. Gates Rubber Company (833 F.2d 1406, 10th Cir. 1987), Marguerite Hicks, a Black...
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