10th Circuit Case Commentaries

Establishing Original Source Status in FCA Qui Tam Actions: Insights from Grynberg v. Praxair

Date: Nov 16, 2004

Establishing Original Source Status in FCA Qui Tam Actions: Insights from Grynberg v. Praxair Introduction In the landmark case of United States of America ex rel. Jack J. Grynberg v. Praxair, Inc.,...

Heightened Standards for Disfavored Preliminary Injunctions Reinforced in Tenth Circuit’s UDV v. Ashcroft Decision

Date: Nov 13, 2004

Heightened Standards for Disfavored Preliminary Injunctions Reinforced in Tenth Circuit’s UDV v. Ashcroft Decision Introduction The United States Court of Appeals for the Tenth Circuit, in the case...

Enhanced Duty of ERISA Plan Administrators: Aetna's Obligations Under Scrutiny in Gaither v. Aetna Life Insurance Company

Date: Nov 5, 2004

Enhanced Duty of ERISA Plan Administrators: Aetna's Obligations Under Scrutiny in Gaither v. Aetna Life Insurance Company Introduction The case Elizabeth Gaither, Plaintiff-Appellant, v. Aetna Life...

Exhaustion of Administrative Remedies and Procedural Bar in Immigration Habeas Proceedings: Soberanes v. Comfort

Date: Nov 4, 2004

Exhaustion of Administrative Remedies and Procedural Bar in Immigration Habeas Proceedings: Soberanes v. Comfort Introduction The case of Juan Soberanes v. Michael Comfort addressed critical issues...

10th Circuit Establishes Boundaries of Employer Liability in Disparate Treatment Claims

Date: Nov 3, 2004

10th Circuit Establishes Boundaries of Employer Liability in Disparate Treatment Claims Introduction In the case of Willie E. Sandoval v. Boulder Regional Communications Center (BRCC) et al., the...

Implied Covenant of Good Faith in Acquisition Agreements: Insights from O'Tool v. Genmar Holdings

Date: Nov 3, 2004

Implied Covenant of Good Faith in Acquisition Agreements: Insights from O'Tool v. Genmar Holdings Introduction The case of Cassandra O'Tool; John O'Tool, Plaintiffs and Horizon Holdings, LLC,...

Strict Adherence to Procedural Requirements in Immigration Reopen Motions: Insights from Infanzon v. Ashcroft

Date: Oct 29, 2004

Strict Adherence to Procedural Requirements in Immigration Reopen Motions: Insights from Infanzon v. Ashcroft Introduction In the realm of U.S. immigration law, the procedural intricacies governing...

Complete Preemption Doctrine Under ERISA: Tenth Circuit Reverses Dismissal of State Fraud Claims

Date: Oct 27, 2004

Complete Preemption Doctrine Under ERISA: Tenth Circuit Reverses Dismissal of State Fraud Claims Introduction In the landmark case Aaron Felix, Sr. et al. v. Lucent Technologies, Inc., the United...

PLRA Does Not Alter Rule 23 Class Certification Standards in Prisoner Mental Health Care Cases

Date: Oct 19, 2004

PLRA Does Not Alter Rule 23 Class Certification Standards in Prisoner Mental Health Care Cases Introduction In the landmark case Shook v. Bd. of County Comm'rs of County of El Paso, the United States...

FTCA's Section 2401(b) Statute of Limitations Affirmed as Independent of Bankruptcy Code §106 Waivers in Franklin Savings Corp. v. FDIC

Date: Oct 8, 2004

FTCA's Section 2401(b) Statute of Limitations Affirmed as Independent of Bankruptcy Code §106 Waivers in Franklin Savings Corp. v. FDIC Introduction Franklin Savings Corporation and its subsidiary,...

Limits of Personal Jurisdiction in Aviation Leasing: Bell Helicopter Textron, Inc. v. Heliqwest International, Ltd.

Date: Oct 8, 2004

Limits of Personal Jurisdiction in Aviation Leasing: Bell Helicopter Textron, Inc. v. Heliqwest International, Ltd. Introduction The case of Bell Helicopter Textron, Inc. v. Heliqwest International,...

Branum v. Barnhart: Affirming Standards for SSI Disability Determinations

Date: Sep 28, 2004

Branum v. Barnhart: Affirming Standards for SSI Disability Determinations Introduction Branum v. Barnhart, 385 F.3d 1268 (10th Cir. 2004), is a pivotal case adjudicated by the United States Court of...

Radil v. Sanborn Western Camps: Federal Jurisdiction Affirmed When Workers' Compensation Exclusivity is Disputed

Date: Sep 28, 2004

Radil v. Sanborn Western Camps: Federal Jurisdiction Affirmed When Workers' Compensation Exclusivity is Disputed Introduction Jennifer Radil v. Sanborn Western Camps, Inc., 384 F.3d 1220 (10th Cir....

Affirmation of Conspiracy Conviction in Nelson v. United States

Date: Sep 21, 2004

Affirmation of Conspiracy Conviction in Nelson v. United States Introduction The case of United States of America v. Ricky Joe Nelson (383 F.3d 1227) adjudicated by the United States Court of Appeals...

Appellate Confirmation of Third-Party Consent in Felon Firearm Possession Case

Date: Sep 16, 2004

Appellate Confirmation of Third-Party Consent in Felon Firearm Possession Case Introduction The case of United States of America v. Fonua Kimoana (383 F.3d 1215, 10th Cir. 2004) established...

Limitations on §1983 Claims for Inadequate Police Investigations: Analysis of Jennings v. City of Stillwater

Date: Sep 15, 2004

Limitations on §1983 Claims for Inadequate Police Investigations: Analysis of Jennings v. City of Stillwater Introduction Jennings v. City of Stillwater, 383 F.3d 1199 (10th Cir. 2004), addresses the...

Tolling of AEDPA Statutory Limitations for Potential Rehearing Period: Serrano v. Williams

Date: Sep 15, 2004

Tolling of AEDPA Statutory Limitations for Potential Rehearing Period: Serrano v. Williams Introduction Jerry Serrano, a state prisoner from New Mexico, appealed to the United States Court of Appeals...

Ineffective Assistance of Counsel in Habeas Corpus: Remand for Unaddressed Claims under AEDPA

Date: Sep 14, 2004

Ineffective Assistance of Counsel in Habeas Corpus: Remand for Unaddressed Claims under AEDPA Introduction The case of Jemaine Monteil Cannon v. Mike Mullin, Warden, Oklahoma State Penitentiary (383...

Statute of Limitations in Civil Rights Claims: Insights from John Mel v. n Alexander et al.

Date: Sep 9, 2004

Statute of Limitations in Civil Rights Claims: Insights from John Mel v. n Alexander et al. Introduction The case of John Mel v. n Alexander et al., adjudicated by the United States Court of Appeals...

Affirmation of Confrontation Clause Compliance Under Roberts Standard in BROWN v. STATE

Date: Sep 9, 2004

Affirmation of Confrontation Clause Compliance Under Roberts Standard in BROWN v. STATE Introduction The case of Paul David Brown III v. Judy Uphoff, Director, Wyoming Department of Corrections, et...

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