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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Affirmation of Preliminary Injunction in Medicaid Reimbursement Dispute: Kansas Health Care Association v. Kansas Department of Social and Rehabilitation Services

Affirmation of Preliminary Injunction in Medicaid Reimbursement Dispute: Kansas Health Care Association v. Kansas Department of Social and Rehabilitation Services

Date: Sep 8, 1994
Affirmation of Preliminary Injunction in Medicaid Reimbursement Dispute: Kansas Health Care Association v. Kansas Department of Social and Rehabilitation Services Introduction In Kansas Health Care...
USA v. Marvin Edward Mains: Establishing Parameters for Consent Searches and Constructive Possession

USA v. Marvin Edward Mains: Establishing Parameters for Consent Searches and Constructive Possession

Date: Aug 20, 1994
USA v. Marvin Edward Mains: Establishing Parameters for Consent Searches and Constructive Possession Introduction United States of America v. Marvin Edward Mains, 33 F.3d 1222 (10th Cir. 1994), is a...
Affirmation of Conventional Fraud Standards and Proper Jury Instructions in Insurance Misrepresentation Case

Affirmation of Conventional Fraud Standards and Proper Jury Instructions in Insurance Misrepresentation Case

Date: Aug 10, 1994
Affirmation of Conventional Fraud Standards and Proper Jury Instructions in Insurance Misrepresentation Case Introduction The case of E.G. Thompson and Betty Thompson v. State Farm Fire and Casualty...
Limits on Fifth Amendment Right to Remain Silent: Palotino v. City of Rio Rancho

Limits on Fifth Amendment Right to Remain Silent: Palotino v. City of Rio Rancho

Date: Aug 5, 1994
Limits on Fifth Amendment Right to Remain Silent: Palotino v. City of Rio Rancho Introduction In the case of Mark Pallottino v. City of Rio Rancho, the United States Court of Appeals for the Tenth...
Affirmation of Automatic Stay in Bankruptcy: Franklin Savings Association v. Office of Thrift Supervision

Affirmation of Automatic Stay in Bankruptcy: Franklin Savings Association v. Office of Thrift Supervision

Date: Aug 3, 1994
Affirmation of Automatic Stay in Bankruptcy: Franklin Savings Association v. Office of Thrift Supervision Introduction The case of Franklin Savings Association, A Kansas Savings and Loan Association;...
Affirmation of Multiple-Object Conspiracy Convictions and Sentencing Discretion in United States v. Linn et al.

Affirmation of Multiple-Object Conspiracy Convictions and Sentencing Discretion in United States v. Linn et al.

Date: Aug 2, 1994
Affirmation of Multiple-Object Conspiracy Convictions and Sentencing Discretion in United States v. Linn et al. Introduction The case of United States of America v. Theodore Linn, et al., heard by...
Affirmation of Insurer’s No Duty to Defend in Cases Involving Intentional Acts

Affirmation of Insurer’s No Duty to Defend in Cases Involving Intentional Acts

Date: Aug 2, 1994
Affirmation of Insurer’s No Duty to Defend in Cases Involving Intentional Acts Introduction In the landmark case of State Farm Fire Casualty Company v. Robert Ray Mhoon, adjudicated by the United...
Reaffirmation of Exhaustion of Administrative Remedies: Massengale v. Oklahoma Board of Examiners in Optometry

Reaffirmation of Exhaustion of Administrative Remedies: Massengale v. Oklahoma Board of Examiners in Optometry

Date: Jul 27, 1994
Reaffirmation of Exhaustion of Administrative Remedies: Massengale v. Oklahoma Board of Examiners in Optometry Introduction Massengale, O.D., and Derrick Skaggs, O.D., along with...
Broadening the Scope of Tax Return Disclosure: Tenth Circuit Upholds 26 U.S.C. §6103(h)(4) Exception

Broadening the Scope of Tax Return Disclosure: Tenth Circuit Upholds 26 U.S.C. §6103(h)(4) Exception

Date: Jul 21, 1994
Broadening the Scope of Tax Return Disclosure: Tenth Circuit Upholds 26 U.S.C. §6103(h)(4) Exception Introduction The case of Mary Ann Tavery v. United States of America (32 F.3d 1423) adjudicated by...
Tenth Circuit Clarifies Pleading Requirements for RICO Claims and Standards for Rule 11 Sanctions in Barrett v. Tallon

Tenth Circuit Clarifies Pleading Requirements for RICO Claims and Standards for Rule 11 Sanctions in Barrett v. Tallon

Date: Jul 20, 1994
Tenth Circuit Clarifies Pleading Requirements for RICO Claims and Standards for Rule 11 Sanctions in Barrett v. Tallon Introduction The case of Robert L. Barrett; Barrett Cattle, Inc.; B R Farms;...
Eleventh Amendment Shields State Entities from Federal State Law Claims: Analysis of Mascheroni v. Board of Regents

Eleventh Amendment Shields State Entities from Federal State Law Claims: Analysis of Mascheroni v. Board of Regents

Date: Jul 12, 1994
Eleventh Amendment Shields State Entities from Federal State Law Claims: Analysis of Mascheroni v. Board of Regents Introduction The case of Pedro Leonardo Mascheroni v. Board of Regents of the...
Limits of Traffic Stops and Consent Searches Under the Fourth Amendment: Analysis of McSwain v. United States

Limits of Traffic Stops and Consent Searches Under the Fourth Amendment: Analysis of McSwain v. United States

Date: Jul 12, 1994
Limits of Traffic Stops and Consent Searches Under the Fourth Amendment: Analysis of McSwain v. United States Introduction The case of United States of America v. Patrick Nolan McSwain, adjudicated...
Voluntary Consent and Scope of Vehicle Searches: Insights from United States v. Santurio

Voluntary Consent and Scope of Vehicle Searches: Insights from United States v. Santurio

Date: Jul 9, 1994
Voluntary Consent and Scope of Vehicle Searches: Insights from United States v. Santurio Introduction The case of United States of America v. Louis E. Santurio, decided by the United States Court of...
Unconstitutional Detention and Consent in Traffic Stops: United States v. Sandoval (10th Cir. 1994)

Unconstitutional Detention and Consent in Traffic Stops: United States v. Sandoval (10th Cir. 1994)

Date: Jul 8, 1994
Unconstitutional Detention and Consent in Traffic Stops: United States v. Sandoval (10th Cir. 1994) Introduction United States v. Miguel Sandoval is a seminal case decided by the United States Court...
Access to Criminal Justice Records: Balancing Privacy and Free Speech Rights in Lanphere Urbaniak v. Colorado

Access to Criminal Justice Records: Balancing Privacy and Free Speech Rights in Lanphere Urbaniak v. Colorado

Date: Jul 2, 1994
Access to Criminal Justice Records: Balancing Privacy and Free Speech Rights in Lanphere Urbaniak v. Colorado Introduction Lanphere Urbaniak v. Colorado, 21 F.3d 1508 (10th Cir. 1994), is a pivotal...
Redefining the Boundaries of Terry Stops: Excessive Force and Its Implications

Redefining the Boundaries of Terry Stops: Excessive Force and Its Implications

Date: Jul 1, 1994
Redefining the Boundaries of Terry Stops: Excessive Force and Its Implications Introduction In the landmark case of United States of America v. Manuel Melendez-Garcia, adjudicated by the United...
State Law Claims Against Non-Fiduciary Service Providers Not Preempted by ERISA: Insights from Airparts Co. v. Custom Benefit Services of Austin

State Law Claims Against Non-Fiduciary Service Providers Not Preempted by ERISA: Insights from Airparts Co. v. Custom Benefit Services of Austin

Date: Jul 1, 1994
State Law Claims Against Non-Fiduciary Service Providers Not Preempted by ERISA: Insights from Airparts Co. v. Custom Benefit Services of Austin Introduction The case of Airparts Company, Inc. v....
Judicial Estoppel and Homestead Exemption: Insights from Osborn v. Durant Bank Trust Company

Judicial Estoppel and Homestead Exemption: Insights from Osborn v. Durant Bank Trust Company

Date: Jun 25, 1994
Judicial Estoppel and Homestead Exemption: Insights from Osborn v. Durant Bank Trust Company Introduction In Re O.J. Osborn and Roma Lou Osborn, Debtors, 24 F.3d 1199 (10th Cir. 1994), presents a...
Affirmation of Convictions and Proper Admission of Coconspirator Statements in Urena v. USA

Affirmation of Convictions and Proper Admission of Coconspirator Statements in Urena v. USA

Date: Jun 23, 1994
Affirmation of Convictions and Proper Admission of Coconspirator Statements in Urena v. United States Introduction United States of America v. Rafael A. Urena, 27 F.3d 1487 (10th Cir. 1994), is a...
RCRA Preemption and the Commerce Clause: Insights from Blue Circle Cement, Inc. v. Board of County Commissioners of Rogers County

RCRA Preemption and the Commerce Clause: Insights from Blue Circle Cement, Inc. v. Board of County Commissioners of Rogers County

Date: Jun 23, 1994
RCRA Preemption and the Commerce Clause: Insights from Blue Circle Cement, Inc. v. Board of County Commissioners of Rogers County Introduction The case of Blue Circle Cement, Inc. v. Board of County...
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