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United States Tenth Circuit - April 2004 Opinion Summaries

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Description Date Docket #
PACHECO v. WHITING FARMS, INC.
United States Tenth Circuit
Agriculture, Labor & Employment Law 
Plaintiff is not entitled to overtime under the Fair Labor Standards Act, because the packaging of chicken pelts on defendants' farm constitutes...
04/30/2004 03-1170
FOSTER v. RUHRPUMPEN, INC.
United States Tenth Circuit
Civil Rights, Injury & Tort Law, Labor & Employment Law 
"Failure to hire" claims were improperly dismissed; filing of charges with the EEOC satisfied the ADEA's administrative exhaustion requirement;...
04/30/2004 03-5101
GONZALES v. CITY OF CASTLE ROCK
United States Tenth Circuit
Civil Rights, Constitutional Law, Injury & Tort Law 
A court-issued domestic restraining order, whose enforcement is mandated by state statute, creates a property interest protected by the due process...
04/29/2004 01-1053
ROSS v. COUNTY OF BERNALILLO
United States Tenth Circuit
Civil Rights, Injury & Tort Law 
The Prison Litigation Reform Act contains a total exhaustion requirement. Since most of the conduct plaintiff now complains of took place after he...
04/28/2004 02-2337
CUMMINGS v. GEN. MOTORS CORP.
United States Tenth Circuit
Injury & Tort Law, Product Liability  (Industry: Autos)
Jury verdict finding defendant not liable for any design defect or failure to warn is affirmed. Plaintiffs' FRCP rule 60(b) motion for relief was...
04/28/2004 02-6340, 03-6209
US v. DREWRY
United States Tenth Circuit
Criminal Law & Procedure, Evidence, Indian Law  (Industry: Autos)
Admission of testimony regarding defendant's alleged commission of prior acts of child molestation was not error. While the victims were not...
04/28/2004 03-6011
MONTGOMERY v. CITY OF ARDMORE
United States Tenth Circuit
Civil Rights, Injury & Tort Law, Labor & Employment Law  (Industry: Autos)
Summary judgment was improperly granted to defendants on former police officer's pre-termination due process claim. He appears to have received...
04/28/2004 01-7154
US v. LA COCK
United States Tenth Circuit
Criminal Law & Procedure  (Industry: Autos)
Defendant's non-exploding device, designed to shoot a six-foot-high flame into the air and in the process give out large amounts of gas, heat, and...
04/27/2004 02-2283
WIRANSANE v. ASHCROFT
United States Tenth Circuit
Immigration Law  (Industry: Autos)
IJ failed to explain why he discredited Indonesian alien's testimony that he was of Chinese ethnicity, failed to address the anti-Chinese violence in...
04/27/2004 02-9555
RIVERA v. CITY & COUNTY OF DENVER
United States Tenth Circuit
Civil Rights, Injury & Tort Law, Labor & Employment Law  (Industry: Autos)
Summary judgment was properly granted to defendant on allegations that plaintiff-employee was discharged based on his national origin and age;...
04/27/2004 03-1059

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