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  • Commentaries
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10th Circuit Case Commentaries

Evaluating Attorney Fees and Punitive Damages under the Lanham Act: Insights from United Phosphorus, Ltd. v. Midland Fumigant, Inc.

Evaluating Attorney Fees and Punitive Damages under the Lanham Act: Insights from United Phosphorus, Ltd. v. Midland Fumigant, Inc.

Date: Mar 7, 2000
Evaluating Attorney Fees and Punitive Damages under the Lanham Act: Insights from United Phosphorus, Ltd. v. Midland Fumigant, Inc. Introduction The case of United Phosphorus, Ltd. v. Midland...
Affirmation of Constructive Possession and Firearm Use in Drug Trafficking: United States v. McKissick & Zeigler

Affirmation of Constructive Possession and Firearm Use in Drug Trafficking: United States v. McKissick & Zeigler

Date: Feb 25, 2000
Affirmation of Constructive Possession and Firearm Use in Drug Trafficking: United States v. McKissick & Zeigler Introduction The case of United States of America v. Darhee Gray McKissick and Delmar...
Limits of Prosecutorial Influence over Judicial Assignment: Affirmation of Pearson's Conviction

Limits of Prosecutorial Influence over Judicial Assignment: Affirmation of Pearson's Conviction

Date: Feb 23, 2000
Limits of Prosecutorial Influence over Judicial Assignment: Affirmation of Pearson's Conviction Introduction In the case of United States of America v. Eric D. Pearson, the United States Court of...
Affirmation of Narrowed 'Heinous, Atrocious, or Cruel' Aggravating Circumstance in Murder Conviction: Jones v. Gibson

Affirmation of Narrowed 'Heinous, Atrocious, or Cruel' Aggravating Circumstance in Murder Conviction: Jones v. Gibson

Date: Feb 16, 2000
Affirmation of Narrowed 'Heinous, Atrocious, or Cruel' Aggravating Circumstance in Murder Conviction: Jones v. Gibson Introduction Jones v. Gibson is a significant appellate decision from the United...
Adherence to Pretrial Orders and Particularity in Fraud Claims: Koch v. Koch Industries

Adherence to Pretrial Orders and Particularity in Fraud Claims: Koch v. Koch Industries

Date: Feb 15, 2000
Adherence to Pretrial Orders and Particularity in Fraud Claims: Koch v. Koch Industries Introduction The case of Koch Industries, Inc. v. United States Trust Company of New York, decided by the...
Limits on Offensive Collateral Estoppel in Multi-Plaintiff Negligence Claims: Dodge v. Cotter Corporation

Limits on Offensive Collateral Estoppel in Multi-Plaintiff Negligence Claims: Dodge v. Cotter Corporation

Date: Feb 12, 2000
Limits on Offensive Collateral Estoppel in Multi-Plaintiff Negligence Claims: Dodge v. Cotter Corporation Introduction The legal landscape surrounding environmental contamination and corporate...
Affirmation of Colorado's Single-Subject Title Setting Requirements for Ballot Initiatives

Affirmation of Colorado's Single-Subject Title Setting Requirements for Ballot Initiatives

Date: Feb 11, 2000
Affirmation of Colorado's Single-Subject Title Setting Requirements for Ballot Initiatives Introduction The case of Campbell et al. v. Buckley (No. 98-1329), adjudicated by the United States Court of...
Applying the McDonnell Douglas Framework in Title VII Summary Judgments: Insights from Jones v. Denver Post Corp.

Applying the McDonnell Douglas Framework in Title VII Summary Judgments: Insights from Jones v. Denver Post Corp.

Date: Feb 11, 2000
Applying the McDonnell Douglas Framework in Title VII Summary Judgments: Insights from Jones v. Denver Post Corp. Introduction The case of Frederick A. Jones, Katherine Preston, and Lillian B. Turner...
Liberty Interests and Employment Law: Renaud v. Wyoming Department of Family Services

Liberty Interests and Employment Law: Renaud v. Wyoming Department of Family Services

Date: Feb 9, 2000
Liberty Interests and Employment Law: Renaud v. Wyoming Department of Family Services United States Court of Appeals, Tenth Circuit, 2000 Introduction In the case of David G. Renaud v. Wyoming...
Finality of Declaratory Judgments and Restrictions on Rule 60(b) Relief: Tenth Circuit's Decision in The Servants of the Paraclete v. St. Paul Fire

Finality of Declaratory Judgments and Restrictions on Rule 60(b) Relief: Tenth Circuit's Decision in The Servants of the Paraclete v. St. Paul Fire

Date: Feb 4, 2000
Finality of Declaratory Judgments and Restrictions on Rule 60(b) Relief: Tenth Circuit's Decision in The Servants of the Paraclete v. St. Paul Fire Introduction The case of The Servants of the...
Finality of Convictions Under AEDPA: Interpretation of 28 U.S.C. § 2255 After Supreme Court Review

Finality of Convictions Under AEDPA: Interpretation of 28 U.S.C. § 2255 After Supreme Court Review

Date: Feb 2, 2000
Finality of Convictions Under AEDPA: Interpretation of 28 U.S.C. § 2255 After Supreme Court Review Introduction In the case of United States of America v. Gale F. Burch, 202 F.3d 1274 (10th Cir....
Equifax v. Deters: Tenth Circuit Establishes Direct Liability for Managerial Malice in Sexual Harassment Claims

Equifax v. Deters: Tenth Circuit Establishes Direct Liability for Managerial Malice in Sexual Harassment Claims

Date: Feb 2, 2000
Equifax v. Deters: Tenth Circuit Establishes Direct Liability for Managerial Malice in Sexual Harassment Claims Introduction Sharon M. Deters (also known as Sharon M. Anderson), the...
Affirmation of Death Sentence under AEDPA and Analysis of Aggravating Circumstances: MEDLOCK v. STATE

Affirmation of Death Sentence under AEDPA and Analysis of Aggravating Circumstances: MEDLOCK v. STATE

Date: Jan 11, 2000
Affirmation of Death Sentence under AEDPA and Analysis of Aggravating Circumstances: MEDLOCK v. STATE Introduction Floyd Allen Medlock, the petitioner-appellant, was sentenced to death by the State...
Rule of Necessity Affirmed in Switzer v. Berry: Implications for Judicial Recusal

Rule of Necessity Affirmed in Switzer v. Berry: Implications for Judicial Recusal

Date: Jan 11, 2000
Rule of Necessity Affirmed in Switzer v. Berry: Implications for Judicial Recusal Introduction In Switzer v. Berry, 198 F.3d 1255 (10th Cir. 2000), petitioner Duane R. Switzer challenged the State of...
Tenth Circuit Reinforces Pre-AEDPA Standards for Habeas Corpus in Death Penalty Case: Fox v. Ward

Tenth Circuit Reinforces Pre-AEDPA Standards for Habeas Corpus in Death Penalty Case: Fox v. Ward

Date: Jan 7, 2000
Tenth Circuit Reinforces Pre-AEDPA Standards for Habeas Corpus in Death Penalty Case: Fox v. Ward Introduction The case of Billy Ray Fox v. Ron Ward presents a significant examination of the...
Meyers v. United States: Establishing Mootness in Supervised Release Revocation Appeals

Meyers v. United States: Establishing Mootness in Supervised Release Revocation Appeals

Date: Jan 5, 2000
Meyers v. United States: Establishing Mootness in Supervised Release Revocation Appeals Introduction United States of America v. David Meyers is a pivotal case heard by the United States Court of...
Deliberate Indifference to Inmate Medical Needs: Hunt & Vissat v. Uphoff Establishes Critical Eighth Amendment Protections

Deliberate Indifference to Inmate Medical Needs: Hunt & Vissat v. Uphoff Establishes Critical Eighth Amendment Protections

Date: Dec 31, 1999
Deliberate Indifference to Inmate Medical Needs: Hunt & Vissat v. Uphoff Establishes Critical Eighth Amendment Protections Introduction In Hunt & Vissat v. Uphoff, 199 F.3d 1220 (10th Cir. 1999), the...
Paxton v. Ward: Establishing Standards for Habeas Corpus Under AEDPA and Capital Sentencing

Paxton v. Ward: Establishing Standards for Habeas Corpus Under AEDPA and Capital Sentencing

Date: Dec 30, 1999
Paxton v. Ward: Establishing Standards for Habeas Corpus Under AEDPA and Capital Sentencing Introduction Paxton v. Ward is a pivotal judgment delivered by the United States Court of Appeals for the...
Affirmation of Procedural Bar and Death Sentence in Clayton v. Gibson

Affirmation of Procedural Bar and Death Sentence in Clayton v. Gibson

Date: Dec 23, 1999
Affirmation of Procedural Bar and Death Sentence in Clayton v. Gibson Introduction The case of Robert William Clayton v. Gary Gibson involves the appellate review of Clayton's appeal against his...
Reaffirming the Good-Faith Exception in Fourth Amendment Warrant Challenges: United States v. Nolan

Reaffirming the Good-Faith Exception in Fourth Amendment Warrant Challenges: United States v. Nolan

Date: Dec 23, 1999
Reaffirming the Good-Faith Exception in Fourth Amendment Warrant Challenges: United States v. Nolan Introduction United States v. Marcus Nolan is a pivotal case adjudicated by the United States Court...
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