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  • Commentaries
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10th Circuit Case Commentaries

Tenth Circuit Establishes Actual Public Disclosure Standard for FCA Qui Tam Actions

Tenth Circuit Establishes Actual Public Disclosure Standard for FCA Qui Tam Actions

Date: Jul 25, 1996
Tenth Circuit Establishes Actual Public Disclosure Standard for FCA Qui Tam Actions Introduction In the case of UNITED STATES ex rel. Susan Ramseyer v. Century Healthcare Corporation, the United...
Equitable Estoppel and Continuing Wrong Doctrine Established in Tiberi v. CIGNA

Equitable Estoppel and Continuing Wrong Doctrine Established in Tiberi v. CIGNA

Date: Jul 24, 1996
Equitable Estoppel and Continuing Wrong Doctrine Established in Tiberi v. CIGNA Introduction Tiberi v. CIGNA Corporation, 89 F.3d 1423 (10th Cir. 1996), is a seminal case that addresses the...
Establishing Res Ipsa Loquitur in Vending Machine Injury Cases: Kieffer v. Weston Land, Inc.

Establishing Res Ipsa Loquitur in Vending Machine Injury Cases: Kieffer v. Weston Land, Inc.

Date: Jul 24, 1996
Establishing Res Ipsa Loquitur in Vending Machine Injury Cases: Kieffer v. Weston Land, Inc. Introduction The case of Richard Kieffer v. Weston Land, Inc. addresses crucial aspects of negligence law,...
Exhaustion of Administrative Remedies and Appropriate Educational Placement: Insights from Urban v. Jefferson County School District R-1

Exhaustion of Administrative Remedies and Appropriate Educational Placement: Insights from Urban v. Jefferson County School District R-1

Date: Jul 17, 1996
Exhaustion of Administrative Remedies and Appropriate Educational Placement: Insights from Urban v. Jefferson County School District R-1 Introduction The case Gregory G. Urban v. Jefferson County...
Defining the Boundaries of Consent and Plain View in Vehicle Searches: United States v. Sanchez

Defining the Boundaries of Consent and Plain View in Vehicle Searches: United States v. Sanchez

Date: Jul 16, 1996
Defining the Boundaries of Consent and Plain View in Vehicle Searches: United States v. Sanchez Introduction United States of America v. Robert W. Sanchez, 89 F.3d 715 (10th Cir. 1996), represents a...
Timeliness and Adequacy of Discovery Motions: Insights from Pulsecard, Inc. v. Discover Card Services, Inc.

Timeliness and Adequacy of Discovery Motions: Insights from Pulsecard, Inc. v. Discover Card Services, Inc.

Date: Jul 13, 1996
Timeliness and Adequacy of Discovery Motions: Insights from Pulsecard, Inc. v. Discover Card Services, Inc. Introduction Pulsecard, Inc., a Kansas corporation, filed a lawsuit against Discover Card...
Tenth Circuit Reinforces Employer Liability Under Title VII: Individual Supervisors Not Personally Liable

Tenth Circuit Reinforces Employer Liability Under Title VII: Individual Supervisors Not Personally Liable

Date: Jul 13, 1996
Tenth Circuit Reinforces Employer Liability Under Title VII: Individual Supervisors Not Personally Liable Introduction The case of Haynes; Dean v. Williams et al. adjudicated by the United States...
Liberty Interest in Parole Eligibility: Lasiter v. Thomas (10th Cir. 1996)

Liberty Interest in Parole Eligibility: Lasiter v. Thomas (10th Cir. 1996)

Date: Jul 11, 1996
Liberty Interest in Parole Eligibility: Lasiter v. Thomas (10th Cir. 1996) Introduction Shane Eric Lasiter v. John Thomas; Warden, Attorney General of the State of New Mexico is a pivotal case...
Prison Litigation Reform Act Extends In Forma Pauperis Restrictions to Mandamus Petitions: Green v. Nottingham

Prison Litigation Reform Act Extends In Forma Pauperis Restrictions to Mandamus Petitions: Green v. Nottingham

Date: Jul 11, 1996
Prison Litigation Reform Act Extends In Forma Pauperis Restrictions to Mandamus Petitions: Green v. Nottingham Introduction In Clovis Carl Green, Jr. v. Honorable Edward W. Nottingham, 90 F.3d 415...
Lifting Recognized as a Major Life Activity under ADA in Lowe v. Angelo's Italian Foods

Lifting Recognized as a Major Life Activity under ADA in Lowe v. Angelo's Italian Foods

Date: Jul 3, 1996
Lifting Recognized as a Major Life Activity under ADA in Lowe v. Angelo's Italian Foods Introduction Lowe v. Angelo's Italian Foods, Inc., 87 F.3d 1170 (10th Cir. 1996), is a pivotal case addressing...
Federal Standing to Challenge State Ethics Rules: United States v. Colorado Supreme Court

Federal Standing to Challenge State Ethics Rules: United States v. Colorado Supreme Court

Date: Jun 29, 1996
Federal Standing to Challenge State Ethics Rules: United States v. Colorado Supreme Court Introduction The case of United States of America v. Colorado Supreme Court represents a significant judicial...
Establishing Personal Jurisdiction Over Foreign Nationals in SEC Subpoena Enforcement

Establishing Personal Jurisdiction Over Foreign Nationals in SEC Subpoena Enforcement

Date: Jun 21, 1996
Establishing Personal Jurisdiction Over Foreign Nationals in SEC Subpoena Enforcement Introduction The case In the Matter of an Application to Enforce Administrative Subpoenas Duces Tecum of the...
Establishing Actual Conflict in Joint Representation: Insights from Edens v. Hannigan

Establishing Actual Conflict in Joint Representation: Insights from Edens v. Hannigan

Date: Jun 21, 1996
Establishing Actual Conflict in Joint Representation: Insights from Edens v. Hannigan Introduction Edens v. Hannigan is a pivotal case adjudicated by the United States Court of Appeals for the Tenth...
Affirmation of Strict 'Good Cause' Standard for Timely Service in Bankruptcy Adversary Proceedings

Affirmation of Strict 'Good Cause' Standard for Timely Service in Bankruptcy Adversary Proceedings

Date: Jun 13, 1996
Affirmation of Strict 'Good Cause' Standard for Timely Service in Bankruptcy Adversary Proceedings Introduction The case of In re: Scott Frank Kirkland and Christy Bates Kirkland, Debtors, Evelyne...
Comprehensive Representation in Multi-Capacity Litigation: Insights from Johnson v. Board of County Commissioners

Comprehensive Representation in Multi-Capacity Litigation: Insights from Johnson v. Board of County Commissioners

Date: Jun 5, 1996
Comprehensive Representation in Multi-Capacity Litigation: Insights from Johnson v. Board of County Commissioners Introduction Johnson v. Board of County Commissioners for the County of Fremont, 85...
Affirmation of Objective Good Faith Standard in Section 548(c) for Avoidable Transfers in Bankruptcy Proceedings: Analysis of Jobin v. McKay

Affirmation of Objective Good Faith Standard in Section 548(c) for Avoidable Transfers in Bankruptcy Proceedings: Analysis of Jobin v. McKay

Date: May 30, 1996
Affirmation of Objective Good Faith Standard in Section 548(c) for Avoidable Transfers in Bankruptcy Proceedings: Analysis of Jobin v. McKay Introduction The case of In re: M L Business Machine...
Discretionary Application of Sentencing Guidelines Amendments: Insights from United States v. Dorrough

Discretionary Application of Sentencing Guidelines Amendments: Insights from United States v. Dorrough

Date: May 30, 1996
Discretionary Application of Sentencing Guidelines Amendments: Insights from United States v. Dorrough Introduction The case of United States v. Dorrough (84 F.3d 1309) adjudicated by the United...
Bankruptcy Trustees Cannot Enforce Fraudulently Induced Partnership Agreements: Tenth Circuit in IN RE HEDGED-INVESTMENTS ASSOCIATES, INC.

Bankruptcy Trustees Cannot Enforce Fraudulently Induced Partnership Agreements: Tenth Circuit in IN RE HEDGED-INVESTMENTS ASSOCIATES, INC.

Date: May 24, 1996
Bankruptcy Trustees Cannot Enforce Fraudulently Induced Partnership Agreements: Tenth Circuit in IN RE HEDGED-INVESTMENTS ASSOCIATES, INC. Introduction The case of In re: Hedged-Investments...
Enforcement Limitations in Fraud-Induced Partnership Agreements: Insights from Sender v. Simon & Baker Partnership

Enforcement Limitations in Fraud-Induced Partnership Agreements: Insights from Sender v. Simon & Baker Partnership

Date: May 24, 1996
Enforcement Limitations in Fraud-Induced Partnership Agreements: Insights from Sender v. Simon & Baker Partnership Introduction The case of Harvey Sender, Trustee of the Bankruptcy Estates of...
Constitutional Adequacy of Service Methods in Administrative Forfeiture Proceedings

Constitutional Adequacy of Service Methods in Administrative Forfeiture Proceedings

Date: May 22, 1996
Constitutional Adequacy of Service Methods in Administrative Forfeiture Proceedings Introduction The case of United States of America v. Tyrone Maurice Clark (84 F.3d 378) adjudicated before the...
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