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United States Tenth Circuit - February 2001 Opinion Summaries

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Description Date Docket #

FRAZIER v. APFEL

United States Tenth Circuit
Civil Procedure, Government Benefits
The 42 USC 406(b)(1)(A) limit on attorney's fees to 25 percent of denied Social Security benefits lawfully limits the attorney's fees awarded under...
02/28/2001 99-3367

US v. SANDERS

United States Tenth Circuit
Criminal Law & Procedure
Evidence that defendant possessed a gun with a silencer that looked like an extended "bull barrel" is insufficient to convict defendant of knowingly...
02/28/2001 99-3399

SAC AND FOX NATION OF MISSOURI v. NORTON

United States Tenth Circuit
Indian Law
Pub. L. 98-602, which mandated that the Interior Secretary purchase particular plots of land in trust for the Wyandotte Indian tribe, did not require...
02/27/2001 00-3063

US v. JACKSON

United States Tenth Circuit
Criminal Law & Procedure
First-time defendant sentenced ten years beyond the statutory maximum for first-time offenders is not entitled to retrial on excessive sentence...
02/27/2001 98-6487

WALKER v. UNITED PARCEL SERV., INC.

United States Tenth Circuit
Labor & Employment Law
29 CFR 1601.28(a)(2), which requires the EEOC to attach a certificate to a Notice of Right To Sue before an employee can sue for discrimination, is...
02/27/2001 99-5159

JOHN ZINK CO. v. ZINK

United States Tenth Circuit
Civil Procedure
A finding of willfulness is not required to award attorney fees in a civil contempt proceeding.
02/27/2001 99-5233

WARD v. WILLIAMS

United States Tenth Circuit
Criminal Law & Procedure
Resentenced defendant, after a successful challenge to the legality of the prior jail sentence, may not claim a Double Jeopardy violation on...
02/26/2001 99-2309

US v. MA

United States Tenth Circuit
Criminal Law & Procedure
USSG 3B1.3, which applies a two level enhancement for abusing a position of trust, may apply to a postal worker who stole mail because postal workers...
02/22/2001 00-1269

STEELE v. THIOKOL CORP.

United States Tenth Circuit
Labor & Employment Law
Under the Americans with Disabilities Act, a plaintiff must show he is disabled under the Act, and not merely impaired, to prevail on a hostile work...
02/22/2001 99-4126

MATSON v. BURLINGTON N. SANTA FE R.R.

United States Tenth Circuit
Injury & Tort Law
Under the Federal Employers' Liability Act, 45 USC 51-60, the three-year statute of limitations begins to run when an employee suspects or should have...
02/21/2001 00-1045

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