10th Circuit Case Commentaries

Affirmation of Medicare Antikickback Violations: United States v. LaHUE

Date: Aug 18, 2001

Affirmation of Medicare Antikickback Violations: United States v. LaHUE Introduction In the landmark case United States of America v. Robert C. LaHUE, adjudicated on August 17, 2001, the United...

Cindy Rice v. Office of Servicemembers' Group Life Insurance: Establishing Federal Presumptions on Mental Capacity and Undue Influence in SGLI Beneficiary Designations

Date: Aug 15, 2001

Cindy Rice v. Office of Servicemembers' Group Life Insurance: Establishing Federal Presumptions on Mental Capacity and Undue Influence in SGLI Beneficiary Designations Introduction Cindy Rice v....

Implementation of KYLES v. WHITLEY in Capital Sentencing: The Mitchell v. Gibson Decision

Date: Aug 14, 2001

Implementation of KYLES v. WHITLEY in Capital Sentencing: The Mitchell v. Gibson Decision Introduction The case of Alfred Brian Mitchell v. Gary Gibson, adjudicated by the United States Court of...

Courts vs. Arbitrators in Determining Arbitrability: Insights from Dean Witter Reynolds v. Karen Howsam

Date: Aug 10, 2001

Courts vs. Arbitrators in Determining Arbitrability: Insights from Dean Witter Reynolds v. Karen Howsam Introduction The landmark case Dean Witter Reynolds, Inc. v. Karen Howsam (261 F.3d 956) before...

Affirmation of Procedural Bars and Due Process in Death Penalty Cases: Analysis of Cannon v. Gibson

Date: Aug 8, 2001

Affirmation of Procedural Bars and Due Process in Death Penalty Cases: Analysis of Cannon v. Gibson Introduction Cannon v. Gibson (259 F.3d 1253, 10th Cir. 2001) is a pivotal appellate case...

Rule 54(b) Certification Requirements Clarified in Oklahoma Turnpike Authority v. Bruner

Date: Aug 7, 2001

Rule 54(b) Certification Requirements Clarified in Oklahoma Turnpike Authority v. Bruner Introduction The case of Oklahoma Turnpike Authority v. Bruner adjudicated by the United States Court of...

Affirmation of the "Learned Intermediary Doctrine" and Kansas Product Liability Standards in Abbott Laboratories v. Wright

Date: Aug 7, 2001

Affirmation of the "Learned Intermediary Doctrine" and Kansas Product Liability Standards in Abbott Laboratories v. Wright Introduction Abbott Laboratories v. Wright is a significant case adjudicated...

Bennett v. Quark, Inc. (10th Cir. 2001): Reaffirming Strict Compliance with ADEA Procedural and Substantive Requirements

Date: Aug 4, 2001

Bennett v. Quark, Inc. (10th Cir. 2001): Reaffirming Strict Compliance with ADEA Procedural and Substantive Requirements Introduction In Bennett v. Quark, Inc., the United States Court of Appeals for...

Application of the Colorado Ski Safety Act in Doering v. Copper Mountain, Inc.

Date: Aug 1, 2001

Application of the Colorado Ski Safety Act in Doering v. Copper Mountain, Inc. Introduction In the case of Richard Albert Doering et al. v. Copper Mountain, Inc. et al., the plaintiffs, including...

Insufficient Allegations under 42 U.S.C §1983: Tenth Circuit Affirms Dismissal in Smith v. Plati

Date: Jul 31, 2001

Insufficient Allegations under 42 U.S.C §1983: Tenth Circuit Affirms Dismissal in Smith v. Plati Introduction The case of Theodore M. Smith v. David Plati, decided by the United States Court of...

Affirmation of 8 U.S.C. § 1326 Conviction: Balancing Fifth Amendment Rights and Vienna Convention Provisions in Illegal Reentry Cases

Date: Jul 28, 2001

Affirmation of 8 U.S.C. § 1326 Conviction: Balancing Fifth Amendment Rights and Vienna Convention Provisions in Illegal Reentry Cases Introduction The case of United States of America v. Mario...

Defining Adverse Employment Action in Retaliation Claims: Aquilino v. University of Kansas

Date: Jul 24, 2001

Defining Adverse Employment Action in Retaliation Claims: Aquilino v. University of Kansas 1. Introduction The case of Marie Aquilino, Ph.D. v. University of Kansas (268 F.3d 930, 10th Cir. 2001)...

FAA's Approval of Colorado Airspace Initiative Upheld: A Comprehensive Analysis

Date: Jul 20, 2001

FAA's Approval of Colorado Airspace Initiative Upheld: A Comprehensive Analysis Introduction The case of Custer County Action Association et al. v. Jane F. Garvey, Administrator of the Federal...

Affirmation of the Learned Intermediary Doctrine in Product Liability Cases

Date: Jul 18, 2001

Affirmation of the Learned Intermediary Doctrine in Product Liability Cases Introduction In the landmark case of Mark W. Eck et al. v. Parke, Davis Company et al., the United States Court of Appeals...

De Novo Standard for Selective Prosecution Discovery Motions: Analysis of United States v. James et al., 257 F.3d 1173 (10th Cir. 2001)

Date: Jul 17, 2001

De Novo Standard for Selective Prosecution Discovery Motions: Analysis of United States v. James et al., 257 F.3d 1173 (10th Cir. 2001) Introduction In United States v. James et al., the United...

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