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  • Commentaries
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10th Circuit Case Commentaries

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...
Clarifying Constructive Possession and Firearm 'Use' under 18 U.S.C. §924(c)(1): Insights from United States v. Miller and Hicks, 84 F.3d 1244 (10th Cir. 1996)

Clarifying Constructive Possession and Firearm 'Use' under 18 U.S.C. §924(c)(1): Insights from United States v. Miller and Hicks, 84 F.3d 1244 (10th Cir. 1996)

Date: May 21, 1996
Clarifying Constructive Possession and Firearm 'Use' under 18 U.S.C. §924(c)(1): Insights from United States v. Miller and Hicks, 84 F.3d 1244 (10th Cir. 1996) Introduction United States v. Miller...
Tenth Circuit Affirms Drug Conspiracy Convictions and Addresses Sentencing Guidelines

Tenth Circuit Affirms Drug Conspiracy Convictions and Addresses Sentencing Guidelines

Date: May 11, 1996
Tenth Circuit Affirms Drug Conspiracy Convictions and Addresses Sentencing Guidelines Introduction In the case of United States of America v. Tracy Dinah Ivy et al., the United States Court of...
Seamons v. Dually: Tenth Circuit Reinforces First Amendment Protections in School Settings

Seamons v. Dually: Tenth Circuit Reinforces First Amendment Protections in School Settings

Date: May 9, 1996
Seamons v. Dually: Tenth Circuit Reinforces First Amendment Protections in School Settings Introduction Seamons v. Dually, 84 F.3d 1226 (10th Cir. 1996), is a landmark case adjudicated by the United...
Establishing Probable Cause Independent of Thermal Imager Use: Insights from United States v. Cusumano

Establishing Probable Cause Independent of Thermal Imager Use: Insights from United States v. Cusumano

Date: May 9, 1996
Establishing Probable Cause Independent of Thermal Imager Use: Insights from United States v. Cusumano Introduction In the landmark case United States of America v. Christopher Paul Cusumano, decided...
Establishing Fourth Amendment Protections in Malicious Prosecution Claims: Analysis of Taylor v. Meacham

Establishing Fourth Amendment Protections in Malicious Prosecution Claims: Analysis of Taylor v. Meacham

Date: May 8, 1996
Establishing Fourth Amendment Protections in Malicious Prosecution Claims: Analysis of Taylor v. Meacham Introduction Taylor v. Meacham and Uintah County, 82 F.3d 1556 (10th Cir. 1996), is a pivotal...
Admissibility of Rule 404(b) and Coccapistrator Statements in Conspiracy Convictions: U.S. v. Lopez-Gutierrez

Admissibility of Rule 404(b) and Coccapistrator Statements in Conspiracy Convictions: U.S. v. Lopez-Gutierrez

Date: May 8, 1996
Admissibility of Rule 404(b) and Coccapistrator Statements in Conspiracy Convictions: U.S. v. Lopez-Gutierrez Introduction The case of United States of America v. Jesus J. Lopez-Gutierrez presents a...
Allowance of 28 U.S.C. §2255 Relief to Reopen Sentences Following Invalidated Prior Convictions: United States v. Cox

Allowance of 28 U.S.C. §2255 Relief to Reopen Sentences Following Invalidated Prior Convictions: United States v. Cox

Date: May 4, 1996
Allowance of 28 U.S.C. §2255 Relief to Reopen Sentences Following Invalidated Prior Convictions: United States v. Cox Introduction United States of America v. Richard Bruce Cox, 83 F.3d 336 (10th...
Tenth Circuit Upholds Non-Preemption of Oklahoma Antitrust Claims in Copyright Infringement

Tenth Circuit Upholds Non-Preemption of Oklahoma Antitrust Claims in Copyright Infringement

Date: May 4, 1996
Tenth Circuit Upholds Non-Preemption of Oklahoma Antitrust Claims in Copyright Infringement Introduction In the case of Harold's Stores, Inc. & CMT Enterprises, Inc. v. Dillard Department Stores,...
Refining Standards for Sanctions in Spoliation Cases: Analysis of Gates Rubber Co. v. Bando Chemical Industries

Refining Standards for Sanctions in Spoliation Cases: Analysis of Gates Rubber Co. v. Bando Chemical Industries

Date: May 2, 1996
Refining Standards for Sanctions in Spoliation Cases: Analysis of Gates Rubber Co. v. Bando Chemical Industries Introduction The case of The Gates Rubber Company v. Bando Chemical Industries, Limited...
Age Discrimination in Employment: Analysis of Furr v. Seagate Technology

Age Discrimination in Employment: Analysis of Furr v. Seagate Technology

Date: May 2, 1996
Age Discrimination in Employment: Analysis of Furr v. Seagate Technology Introduction In the case of Robert S. Furr, Leslie Woosley, Bernard E. Ozinga v. Seagate Technology, Inc., the plaintiffs...
Affirmation of State Criminal Jurisdiction over Nonmember Indian Retailers on Reservations

Affirmation of State Criminal Jurisdiction over Nonmember Indian Retailers on Reservations

Date: May 1, 1996
Affirmation of State Criminal Jurisdiction over Nonmember Indian Retailers on Reservations Introduction The case Kathy L. Kaul v. Robert T. Stephan, Attorney General (83 F.3d 1208) adjudicated by the...
Admissibility of Expert Testimony Based on General Engineering Principles in Product Liability Cases

Admissibility of Expert Testimony Based on General Engineering Principles in Product Liability Cases

Date: May 1, 1996
Admissibility of Expert Testimony Based on General Engineering Principles in Product Liability Cases Introduction In the case of Steven D. Compton v. Subaru of America, Inc.; Fuji Heavy Industries,...
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