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United States Tenth Circuit - May 2001 Opinion Summaries

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Description Date Docket #

STEINBACH v. DILLON COMPANIES, INC.

United States Tenth Circuit
Labor & Employment Law
The Labor Management Relations Act of 1947, 29 USC 185, preempts a union employee's claims of interference with contract and intentional infliction of...
05/30/2001 99-1557

MARTIN v. FRANKLIN CAPITAL CORP.

United States Tenth Circuit
Civil Procedure
In determining the minimum amount in controversy for diversity jurisdiction for a class action, a court may not aggregate punitive damages and...
05/29/2001 99-2131

US v. KORMAN

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
Plea agreement stating that defendant's cooperation may later result in a government post-conviction motion to reduce defendant's sentence for...
05/25/2001 00-5023

US v. BERGER

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
Prosecution may provide early cooperating defendants in a criminal case with a downward departure under USSG 5K1, but not extend the same departure to...
05/25/2001 00-5024

US v. HABER

United States Tenth Circuit
Criminal Law & Procedure
Under the mail fraud statute, 18 USC 1341, evidence that defendant used proceeds obtained from victims as "income" in disability insurance application...
05/24/2001 99-4088

US v. NEAL

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
Analogous factors used to enhance or reduce sentences in similar crimes are legally permissible bases for sentencing departures under the Sentencing...
05/18/2001 00-6085

NEW MEXICO CATTLE GROWERS ASS'N v. US FISH AND WILDLIFE SERV.

United States Tenth Circuit
Administrative Law, Environmental Law
The Endangered Species Act does not authorize the use of the baseline approach to determine economic impact analysis of Critical Habitat Designations.
05/11/2001 00-2050

FINN v. STATE OF NEW MEXICO

United States Tenth Circuit
Labor & Employment Law
Limited portions of a public employee's speech that merely touch on matters of public concern are sufficient to satisfy the first step of the...
05/11/2001 00-2276

KEYS YOUTH SERVS., INC. v. CITY OF OLATHE, KANSAS

United States Tenth Circuit
Civil Rights, Property Law & Real Estate
Under the the Fair Housing Act, 42 USC 3604, staff members who do not live at the group home are not "domiciled" for purposes of determining whether...
05/11/2001 99-3387, 99-3388

MOORE v. GIBSON

United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus
The prisoner mailbox rule does not apply to filings in Oklahoma district courts for post-conviction relief made pursuant to Okla. Stat. Ann. tit. 22,...
05/10/2001 00-6251

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