10th Circuit Case Commentaries

Reaffirmation of Full Depreciation Recapture Inclusion in Interim Earnings under IRC Section 334(b)(2): TCI v. Commissioner

Date: Jan 18, 1997

Reaffirmation of Full Depreciation Recapture Inclusion in Interim Earnings under IRC Section 334(b)(2): TCI v. Commissioner Introduction Tele-Communications, Inc. (TCI), along with its subsidiaries...

Restricting Overly Broad Discovery Interrogatories: Insights from Hernandez v. SFC Inc.

Date: Jan 18, 1997

Restricting Overly Broad Discovery Interrogatories: Insights from Hernandez v. SFC Inc. Introduction In the civil case of Anna Marie Hernandez HILT v. SFC INC., f/k/a Skillpath Inc., d/b/a Skillpath...

Piercing the Corporate Veil and Apparent Manufacturer Liability in Product Liability Cases: Insights from Yoder v. Honeywell Inc.

Date: Jan 9, 1997

Piercing the Corporate Veil and Apparent Manufacturer Liability in Product Liability Cases: Insights from Yoder v. Honeywell Inc. Introduction Regina M. Yoder and Lester L. Yoder (hereinafter...

Concurrent Liability and Burden-Shifting in Civil Rights Litigation: Northington v. Marin & Jackson

Date: Jan 1, 1997

Concurrent Liability and Burden-Shifting in Civil Rights Litigation: Northington v. Marin & Jackson Introduction Northington v. Marin & Jackson (102 F.3d 1564) is a pivotal case decided by the United...

Personal Jurisdiction over Foreign Corporations via Independent Distributors: Kuenzle v. Tyrolia

Date: Dec 12, 1996

Personal Jurisdiction over Foreign Corporations via Independent Distributors: Kuenzle v. Tyrolia Introduction Kuenzle v. Tyrolia is a pivotal case decided by the United States Court of Appeals for...

Enhanced Standing for Environmental Organizations under NEPA: Insights from Committee to Save the Rio Hondo v. Carson National Forest Supervisor

Date: Dec 7, 1996

Enhanced Standing for Environmental Organizations under NEPA: Insights from Committee to Save the Rio Hondo v. Carson National Forest Supervisor Introduction The legal landscape concerning...

Color of Law in Sexual Harassment Claims: Tenth Circuit Revises Section 1983 Analysis

Date: Dec 4, 1996

Color of Law in Sexual Harassment Claims: Tenth Circuit Revises Section 1983 Analysis Introduction In the landmark case City and County of Denver et al. v. Officer David, adjudicated by the United...

10th Circuit Upholds DNA Sampling of Sex Offenders Under Fourth Amendment

Date: Dec 3, 1996

10th Circuit Upholds DNA Sampling of Sex Offenders Under Fourth Amendment Introduction In the landmark case Jason Aaron Boling v. Roy Romer et al., decided on December 2, 1996, the United States...

Brown v. Presbyterian Healthcare Services: Reinforcing Standards for Damages in Tortious Interference Cases

Date: Nov 30, 1996

Brown v. Presbyterian Healthcare Services: Reinforcing Standards for Damages in Tortious Interference Cases Introduction In Brown v. Presbyterian Healthcare Services, the United States Court of...

Reversing Summary Judgment in Service Mark Dispute: First Savings Bank v. First Bank System

Date: Nov 28, 1996

Reversing Summary Judgment in Service Mark Dispute: First Savings Bank v. First Bank System Introduction First Savings Bank, F.S.B. ("First Savings"), a federally chartered savings bank based in...

McCLENDON v. CITY OF ALBUQUERQUE: Establishing the Criteria for Mootness in Class Actions

Date: Nov 16, 1996

McCLENDON v. CITY OF ALBUQUERQUE: Establishing the Criteria for Mootness in Class Actions Introduction McCLENDON v. CITY OF ALBUQUERQUE is a landmark case decided by the United States Court of...

Expansion of Intervention Rights under Federal Rule of Civil Procedure 24(a)(2): Coalition of Arizona/New Mexico Counties for Stable Economic Growth v. Department of the Interior

Date: Nov 16, 1996

Expansion of Intervention Rights under Federal Rule of Civil Procedure 24(a)(2): Coalition of Arizona/New Mexico Counties for Stable Economic Growth v. Department of the Interior Introduction The...

Sierra Club v. EPA: Establishing Attainment Determination Precedent

Date: Nov 14, 1996

Sierra Club v. EPA: Establishing Attainment Determination Precedent Introduction In the landmark case of Sierra Club; Wasatch Clean Air Coalition v. United States Environmental Protection Agency, the...

Ensuring Proper Jurisdiction of Legal and Factual Matters in First Amendment Retaliation Claims: Tenth Circuit's Ruling in Gardetto v. Mason

Date: Nov 14, 1996

Ensuring Proper Jurisdiction of Legal and Factual Matters in First Amendment Retaliation Claims: Tenth Circuit's Ruling in Gardetto v. Mason Introduction In the landmark case of Anne Gardetto v. Roy...

Strict Interpretation of Rule 60(b) for Judicial Errors and Limitations on Contractual Mistakes: Cashner v. Freedom Stores

Date: Oct 17, 1996

Strict Interpretation of Rule 60(b) for Judicial Errors and Limitations on Contractual Mistakes: Cashner v. Freedom Stores Introduction The case of Thomas D. Cashner v. Freedom Stores, Inc. et al....

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