10th Circuit Case Commentaries

Standing Limitations in Bankruptcy Appeals: In Re American Ready Mix, Inc. Case Analysis

Date: Feb 3, 1994

Standing Limitations in Bankruptcy Appeals: In Re American Ready Mix, Inc. Case Analysis Introduction The case of In Re American Ready Mix, Inc., Debtor, and Albuquerque Sand Gravel, Inc., d/b/a...

Clarification on Due Process and Equal Protection in Prisoner Administrative Segregation

Date: Feb 3, 1994

Clarification on Due Process and Equal Protection in Prisoner Administrative Segregation Introduction The case of Vernon Templeman v. Frank Gunter et al. addressed significant issues regarding the...

Jurisdictional Constraints on Collateral Attacks Under 28 U.S.C. § 2255: Analysis of United States v. Bustillos

Date: Feb 3, 1994

Jurisdictional Constraints on Collateral Attacks Under 28 U.S.C. § 2255: Analysis of United States v. Bustillos Introduction United States of America v. Fernando Bustillos is a pivotal case...

Random Dog Sniffs in Public Parking Lots: A New Fourth Amendment Precedent

Date: Feb 3, 1994

Random Dog Sniffs in Public Parking Lots: A New Fourth Amendment Precedent Introduction In the landmark case United States of America v. Keith Rudolph Ludwig, 10 F.3d 1523 (10th Cir. 1994), the...

Strict Adherence to Procedural Preconditions under FTCA and Bivens: Insights from Industrial Constructors Corp. v. U.S. Bureau of Reclamation

Date: Feb 3, 1994

Strict Adherence to Procedural Preconditions under FTCA and Bivens: Insights from Industrial Constructors Corp. v. U.S. Bureau of Reclamation Introduction The case of Industrial Constructors...

Ensuring Adequate Notice for Sentence Enhancement Under 21 U.S.C. § 851: A Tenth Circuit Analysis

Date: Feb 1, 1994

Ensuring Adequate Notice for Sentence Enhancement Under 21 U.S.C. § 851: A Tenth Circuit Analysis Introduction The case of United States of America v. Rene Gonzalez-Lerma examined critical aspects of...

Limits on Appellate Review of Consent Decree Denials under CERCLA: Insights from State of Utah v. Kennecott

Date: Feb 1, 1994

Limits on Appellate Review of Consent Decree Denials under CERCLA: Insights from State of Utah v. Kennecott Corporation Introduction The case of State of Utah v. Kennecott Corporation addressed...

Two-Year Presumption for Inordinate Appellate Delays in Habeas Corpus Petitions: Harris et al. v. Oklahoma

Date: Jan 27, 1994

Two-Year Presumption for Inordinate Appellate Delays in Habeas Corpus Petitions: Harris et al. v. Oklahoma Introduction In the landmark case of Harris et al. v. Oklahoma, decided by the United States...

Design Requirement in Money Laundering: Insights from United States v. Garcia-Emanuel

Date: Jan 26, 1994

Design Requirement in Money Laundering: Insights from United States v. Garcia-Emanuel Introduction United States of America v. Mario R. Garcia-Emanuel is a pivotal case adjudicated by the United...

Standing in Tribal Water Rights: Analysis of Hackford v. Babbitt

Date: Jan 22, 1994

Standing in Tribal Water Rights: Analysis of Hackford v. Babbitt Introduction Hackford v. Babbitt, decided by the United States Court of Appeals for the Tenth Circuit on January 21, 1994, addresses...

Cone v. Longmont United Hospital: Affirmation of Summary Judgment in Age Discrimination Case

Date: Jan 21, 1994

Cone v. Longmont United Hospital: Affirmation of Summary Judgment in Age Discrimination Case Introduction In the landmark case of Sharon G. Cone v. Longmont United Hospital Association, decided on...

Latent Ambiguity in General Releases: Implications from Vitkus v. Beatrice Co.

Date: Jan 14, 1994

Latent Ambiguity in General Releases: Implications from Vitkus v. Beatrice Co. Introduction In the realm of employment law, the enforceability and scope of release agreements are paramount in...

Strict Compliance with Service of Process: Insights from Despain v. Salt Lake Area Metro Gang Unit

Date: Jan 11, 1994

Strict Compliance with Service of Process: Insights from Despain v. Salt Lake Area Metro Gang Unit Introduction In Despain v. Salt Lake Area Metro Gang Unit, the United States Court of Appeals for...

The Right to Petition Without Prejudice: Insights from Clark v. Tansy

Date: Dec 31, 1993

The Right to Petition Without Prejudice: Insights from Clark v. Tansy Introduction Terry Clark v. Robert J. Tansy, Warden; Attorney General for the State of New Mexico, 13 F.3d 1407 (10th Cir. 1993),...

Federal Habeas Corpus Authority to Bar Retrial: Insights from CAPPS v. SULLIVAN

Date: Dec 30, 1993

Federal Habeas Corpus Authority to Bar Retrial: Insights from CAPPS v. SULLIVAN Introduction The case of James Capps v. George Sullivan, adjudicated by the United States Court of Appeals for the...

Tenth Circuit Upholds Colorado Workmen’s Compensation Exclusivity: Medical Monitoring Claims Barred Under Price-Anderson Act

Date: Dec 21, 1993

Tenth Circuit Upholds Colorado Workmen’s Compensation Exclusivity: Medical Monitoring Claims Barred Under Price-Anderson Act Introduction In the landmark case of The Building and Construction...

Establishing Limits on Prosecutorial Immunity and Due Process in Property Seizure: DiCesare v. Stuart et al.

Date: Dec 21, 1993

Establishing Limits on Prosecutorial Immunity and Due Process in Property Seizure: DiCesare v. Stuart et al. Introduction The case of Joseph Angelo DiCesare v. Larry D. Stuart, Rene P. Henry, Jr., et...

United States v. Lee Roberts: Clarifying Single Conspiracy and Sentencing Standards in Drug Offenses

Date: Dec 18, 1993

United States v. Lee Roberts: Clarifying Single Conspiracy and Sentencing Standards in Drug Offenses Introduction The case of United States of America v. Lee W. Roberts is a pivotal appellate...

Unnamed Class Members Must Formally Intervene to Appeal Settlement Approvals Under Rule 23: Tenth Circuit's Landmark Decision

Date: Dec 17, 1993

Unnamed Class Members Must Formally Intervene to Appeal Settlement Approvals Under Rule 23: Tenth Circuit's Landmark Decision Introduction In the case of Feivel Gottlieb et al. v. Stewart Carrell et...

Steele v. Young: Affirmation of Procedural Bars in Double Jeopardy and Due Process Claims

Date: Dec 9, 1993

Steele v. Young: Affirmation of Procedural Bars in Double Jeopardy and Due Process Claims Introduction In the case of James Ray Steele v. Leroy Young, Warden; Attorney General of the State of...

Previous Next