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  • Commentaries
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10th Circuit Case Commentaries

Tenth Circuit Sets Precedent on Weighting Medical Evidence in Social Security Disability Claims

Tenth Circuit Sets Precedent on Weighting Medical Evidence in Social Security Disability Claims

Date: Jan 19, 1983
Tenth Circuit Sets Precedent on Weighting Medical Evidence in Social Security Disability Claims Introduction In the landmark case John G. Broadbent v. Patricia Roberts Harris, Secretary of Health and...
Smith v. United States: Refining Attorney-Client Privilege in Grand Jury Subpoenas for Tax Documents

Smith v. United States: Refining Attorney-Client Privilege in Grand Jury Subpoenas for Tax Documents

Date: Jan 6, 1983
Smith v. United States: Refining Attorney-Client Privilege in Grand Jury Subpoenas for Tax Documents Introduction In the landmark case of Smith v. United States, the United States Court of Appeals...
Establishing Reasonable Suspicion and the Scope of Investigatory Stops: United States v. Merritt, 695 F.2d 1263

Establishing Reasonable Suspicion and the Scope of Investigatory Stops: United States v. Merritt, 695 F.2d 1263

Date: Dec 29, 1982
Establishing Reasonable Suspicion and the Scope of Investigatory Stops: United States v. Merritt, 695 F.2d 1263 Introduction United States v. Merritt, 695 F.2d 1263 (10th Cir. 1982), is a pivotal...
State Action and Class Certification in Juvenile Rights: Comprehensive Analysis of MILONAS v. WILLIAMS (10th Cir. 1982)

State Action and Class Certification in Juvenile Rights: Comprehensive Analysis of MILONAS v. WILLIAMS (10th Cir. 1982)

Date: Nov 10, 1982
State Action and Class Certification in Juvenile Rights: Comprehensive Analysis of MILONAS v. WILLIAMS (10th Cir. 1982) Introduction MILONAS v. WILLIAMS, 691 F.2d 931 (10th Cir. 1982), addresses...
Enhancing Fourth Amendment Protections in Drug Distribution Cases: Analysis of United States v. Romero

Enhancing Fourth Amendment Protections in Drug Distribution Cases: Analysis of United States v. Romero

Date: Nov 5, 1982
Enhancing Fourth Amendment Protections in Drug Distribution Cases: Analysis of United States v. Romero Introduction The case of United States of America v. Carlos Richard Romero, 692 F.2d 699 (10th...
Comparative Negligence in Products Liability: Inclusion of Phantom Parties

Comparative Negligence in Products Liability: Inclusion of Phantom Parties

Date: Nov 4, 1982
Comparative Negligence in Products Liability: Inclusion of Phantom Parties Introduction The case of Darel K. Hardin v. Manitowoc-Forsythe Corporation, et al. (691 F.2d 449) adjudicated by the United...
Reversal of Class Action Denial and Clarification of Title VII Exemption: Anderson v. City of Albuquerque

Reversal of Class Action Denial and Clarification of Title VII Exemption: Anderson v. City of Albuquerque

Date: Oct 13, 1982
Reversal of Class Action Denial and Clarification of Title VII Exemption: Anderson v. City of Albuquerque Introduction Anderson v. City of Albuquerque is a pivotal case adjudicated by the United...
Refining the Doctrine of Constructive Discharge under 42 U.S.C.A. § 1981: The Irving v. Dubuque Packing Company Decision

Refining the Doctrine of Constructive Discharge under 42 U.S.C.A. § 1981: The Irving v. Dubuque Packing Company Decision

Date: Sep 24, 1982
Refining the Doctrine of Constructive Discharge under 42 U.S.C.A. § 1981: The Irving v. Dubuque Packing Company Decision Introduction The appellate case of Irving v. Dubuque Packing Company serves as...
Preservation of Diversity Jurisdiction Through Permissive Intervention: Analysis of Harris v. Illinois-California Express

Preservation of Diversity Jurisdiction Through Permissive Intervention: Analysis of Harris v. Illinois-California Express

Date: Sep 4, 1982
Preservation of Diversity Jurisdiction Through Permissive Intervention: Analysis of Harris v. Illinois-California Express Introduction Harris v. Illinois-California Express, Inc., 687 F.2d 1361 (10th...
Limitations on Prosecutorial Use of Post-Arrest Silence Following Miranda Warnings: United States v. Massey

Limitations on Prosecutorial Use of Post-Arrest Silence Following Miranda Warnings: United States v. Massey

Date: Aug 28, 1982
Limitations on Prosecutorial Use of Post-Arrest Silence Following Miranda Warnings: United States v. Massey Introduction United States v. Massey is a pivotal case adjudicated by the United States...
Requiring Strict Compliance with Notice Procedures in Indian Oil and Gas Lease Sales: The Jicarilla Apache Tribe v. Secretary of the Interior Decision

Requiring Strict Compliance with Notice Procedures in Indian Oil and Gas Lease Sales: The Jicarilla Apache Tribe v. Secretary of the Interior Decision

Date: Aug 21, 1982
Requiring Strict Compliance with Notice Procedures in Indian Oil and Gas Lease Sales: The Jicarilla Apache Tribe v. Secretary of the Interior Decision Introduction The Jicarilla Apache Tribe...
Affirmation of Non-Discrimination and Legitimate Business Reasons in Title VII Employment Disputes

Affirmation of Non-Discrimination and Legitimate Business Reasons in Title VII Employment Disputes

Date: Jul 23, 1982
Affirmation of Non-Discrimination and Legitimate Business Reasons in Title VII Employment Disputes Introduction The case of Jewel Burrus v. United Telephone Company of Kansas, Inc. (683 F.2d 339)...
Limitations on Removal Jurisdiction: Enforcing Amended State Court Judgments - Fajen v. Foundation Reserve Insurance

Limitations on Removal Jurisdiction: Enforcing Amended State Court Judgments - Fajen v. Foundation Reserve Insurance

Date: Jul 20, 1982
Limitations on Removal Jurisdiction: Enforcing Amended State Court Judgments - Fajen v. Foundation Reserve Insurance Introduction The case Roy E. Fajen v. Foundation Reserve Insurance Company, Inc.,...
Childers v. Independent School District No. 1: Federal §1983 Claims and the Supremacy Over State Limitations

Childers v. Independent School District No. 1: Federal §1983 Claims and the Supremacy Over State Limitations

Date: Jun 18, 1982
Childers v. Independent School District No. 1: Federal §1983 Claims and the Supremacy Over State Limitations Introduction In Childers v. Independent School District No. 1 of Bryan County, the United...
First-to-File Jurisdiction Rule in Venue Selection Clause Cases: Analysis of HOSPAH COAL COMPANY v. CHACO ENERGY COMPANY

First-to-File Jurisdiction Rule in Venue Selection Clause Cases: Analysis of HOSPAH COAL COMPANY v. CHACO ENERGY COMPANY

Date: Jun 2, 1982
First-to-File Jurisdiction Rule in Venue Selection Clause Cases: Analysis of HOSPAH COAL COMPANY v. CHACO ENERGY COMPANY Introduction The case of HOSPAH Coal Company, et al. v. CHACO Energy Company...
Establishing the Bounds of Tribal Sovereign Immunity in Contractual Disputes

Establishing the Bounds of Tribal Sovereign Immunity in Contractual Disputes

Date: Mar 23, 1982
Establishing the Bounds of Tribal Sovereign Immunity in Contractual Disputes Introduction The case of Ramey Construction Company, Inc. v. The Apache Tribe of the Mescalero Reservation presents a...
Reinstatement of Jury Verdict and Double Jeopardy Clarified in United States v. White

Reinstatement of Jury Verdict and Double Jeopardy Clarified in United States v. White

Date: Mar 3, 1982
Reinstatement of Jury Verdict and Double Jeopardy Clarified in United States v. White Introduction United States of America v. Ronald Floyd White, 673 F.2d 299 (10th Cir. 1982), is a significant...
Fraudulent Concealment in Bankruptcy Proceedings: Farmers Co-operative Association v. Strunk

Fraudulent Concealment in Bankruptcy Proceedings: Farmers Co-operative Association v. Strunk

Date: Feb 19, 1982
Fraudulent Concealment in Bankruptcy Proceedings: Farmers Co-operative Association v. Strunk Introduction The case Farmers Co-operative Association of Talmage, Kansas, v. Tim Aaron Strunk, decided by...
Prosecutorial Immunity and Standing in Civil Rights Litigation: Abdullah Dohaish v. Dale Tooley

Prosecutorial Immunity and Standing in Civil Rights Litigation: Abdullah Dohaish v. Dale Tooley

Date: Feb 17, 1982
Prosecutorial Immunity and Standing in Civil Rights Litigation: Abdullah Dohaish v. Dale Tooley Introduction In the appellate case Abdullah Dohaish v. Dale Tooley, the United States Court of Appeals...
Affirmation of Arbitration Finality and Inclusion of Spousal Interests in Judgement

Affirmation of Arbitration Finality and Inclusion of Spousal Interests in Judgement

Date: Jan 5, 1982
Affirmation of Arbitration Finality and Inclusion of Spousal Interests in Judgement Introduction The case of Ormsbee Development Company v. Corrine Grace and Michael P. Grace presents significant...
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