10th Circuit Case Commentaries

Conflict of Interest in ERISA Plan Administration Affirmed: PITMAN v. BLUE CROSS BLUE SHIELD of Oklahoma

Date: Jul 8, 2000

Conflict of Interest in ERISA Plan Administration Affirmed: PITMAN v. BLUE CROSS BLUE SHIELD of Oklahoma Introduction PITMAN v. BLUE CROSS BLUE SHIELD of Oklahoma (217 F.3d 1291, 10th Cir. 2000) is a...

State Action and Absolute Immunity in Civil Commitment Proceedings: Scott v. Hern

Date: Jul 7, 2000

State Action and Absolute Immunity in Civil Commitment Proceedings: Scott v. Hern Introduction In the case of Kenneth Tyler Scott v. Warren Hern, M.D., decided by the United States Court of Appeals...

Waiver of Eleventh Amendment Immunity Through Federal Court Removal: McLaughlin v. Board of Trustees of State Colleges of Colorado

Date: Jun 27, 2000

Waiver of Eleventh Amendment Immunity Through Federal Court Removal: McLaughlin v. Board of Trustees of State Colleges of Colorado Introduction The case of John P. McLaughlin v. Board of Trustees of...

Effective Assistance of Counsel and Procedural Defaults in Habeas Corpus: Beavers v. Saffle (10th Cir. 2000)

Date: Jun 17, 2000

Effective Assistance of Counsel and Procedural Defaults in Habeas Corpus: Beavers v. Saffle (10th Cir. 2000) Introduction Beavers v. Saffle, 216 F.3d 918 (10th Cir. 2000), is a significant case that...

Establishing Specific Intent in Medicare Antikickback Cases: McClatchey v. USA

Date: Jun 14, 2000

Establishing Specific Intent in Medicare Antikickback Cases: McClatchey v. USA Introduction In the landmark case of United States of America v. Dennis McClatchey, 217 F.3d 823 (10th Cir. 2000), the...

Reaffirmation of AEDPA's Presumption of Correctness and Standards for Ineffective Assistance in Habitual Offender Sentencing: Romero v. Salazar

Date: Jun 14, 2000

Reaffirmation of AEDPA's Presumption of Correctness and Standards for Ineffective Assistance in Habitual Offender Sentencing: Romero v. Salazar Introduction Eugene Romero v. Robert Furlong and Ken...

Reaffirming the Gatekeeper Role: Daubert Standards in Expert Testimony Admissibility – Goebel v. Denver and Rio Grande Western Railroad Co.

Date: Jun 13, 2000

Reaffirming the Gatekeeper Role: Daubert Standards in Expert Testimony Admissibility – Goebel v. Denver and Rio Grande Western Railroad Co. Introduction The case of Richard W. Goebel v. Denver and...

Clarifying Standards for Jury Exposure to Extrinsic Materials in Product Liability: Smith v. Ingersoll-Rand

Date: Jun 8, 2000

Clarifying Standards for Jury Exposure to Extrinsic Materials in Product Liability: Smith v. Ingersoll-Rand Introduction In the landmark case of Ron Smith and Lucy Smith v. Ingersoll-Rand Company,...

Gatekeeping Reinforced: Ensuring Reliability of Expert Testimony in Criminal Proceedings

Date: Jun 3, 2000

Gatekeeping Reinforced: Ensuring Reliability of Expert Testimony in Criminal Proceedings Introduction The case of United States of America v. Mel Lambert Velarde serves as a pivotal moment in the...

Williams v. Board of County Commissioners: Reinforcing Discovery Protocols and Privacy Protections in Civil Litigation

Date: May 20, 2000

Williams v. Board of County Commissioners: Reinforcing Discovery Protocols and Privacy Protections in Civil Litigation Introduction In the case of Robin Tamara Williams v. Board of County...

Implied Certification Under the False Claims Act: Analysis of Debra A. Shaw v. AAA Engineering Drafting, Inc.

Date: May 19, 2000

Implied Certification Under the False Claims Act: Analysis of Debra A. Shaw v. AAA Engineering Drafting, Inc. Introduction The case of Debra A. Shaw v. AAA Engineering Drafting, Inc. examined...

Insufficient Evidence of Disability Under ADA: Tenth Circuit Upholds Summary Judgment in Carol Doyal v. Oklahoma Heart, Inc.

Date: May 18, 2000

Insufficient Evidence of Disability Under ADA: Tenth Circuit Upholds Summary Judgment in Carol Doyal v. Oklahoma Heart, Inc. Introduction The case of Carol Doyal v. Oklahoma Heart, Inc. (213 F.3d...

Extension of Grace Periods in Bankruptcy: In re Durability Inc. Case Analysis

Date: May 9, 2000

Extension of Grace Periods in Bankruptcy: In re Durability Inc. Case Analysis Introduction The case of In re Durability Inc., Debtor. Scott P. Kirtley, Appellant, v. Sovereign Life Insurance Company...

Strengthening the Right to Effective Counsel in Capital Sentencing: Mayes v. Gibson

Date: May 5, 2000

Strengthening the Right to Effective Counsel in Capital Sentencing: Mayes v. Gibson Introduction William Raymond Mayes, the petitioner-appellant, was convicted of first-degree murder and conspiracy...

Affirmation of Death Sentence Under AEDPA: Analyzing Van Woudenberg v. Gibson

Date: May 3, 2000

Affirmation of Death Sentence Under AEDPA: Analyzing Van Woudenberg v. Gibson Introduction In the landmark case of Van Woudenberg v. Gibson (211 F.3d 560, 10th Circuit, 2000), the United States Court...

Balancing Probative Value vs. Prejudicial Impact: Tenth Circuit Rules on Grand Jury Evidence in Ocrant v. Gates

Date: May 2, 2000

Balancing Probative Value vs. Prejudicial Impact: Tenth Circuit Rules on Grand Jury Evidence in Ocrant v. Gates Introduction The case of Sara Stump; Sylvie Ocrant, as Executrix of the Estate of...

Recognition of Oral Investment Options as Securities under Section 10(b): Commentary on United International Holdings, Inc. v. The Wharf (Holdings) Limited

Date: Apr 29, 2000

Recognition of Oral Investment Options as Securities under Section 10(b): Commentary on United International Holdings, Inc. v. The Wharf (Holdings) Limited Introduction The case of United...

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