10th Circuit Case Commentaries

Affirmation of Summary Judgment in Wood v. Eli Lilly: Oklahoma's Stance on Alternative and Market Share Liability

Date: Oct 12, 1994

Affirmation of Summary Judgment in Wood v. Eli Lilly: Oklahoma's Stance on Alternative and Market Share Liability Introduction The case of Debbie Wood and Roger Wood v. Eli Lilly Company and others,...

Bolton v. Scrivner, Inc.: Establishing Limits on ADA Disability Claims

Date: Sep 22, 1994

Bolton v. Scrivner, Inc.: Establishing Limits on ADA Disability Claims Introduction Bolton v. Scrivner, Inc., 36 F.3d 939 (10th Cir. 1994), is a pivotal case addressing the boundaries of disability...

Application of MICHIGAN v. SUMMERS in Detention During Warrant Execution: United States v. Ritchie

Date: Sep 22, 1994

Application of MICHIGAN v. SUMMERS in Detention During Warrant Execution: United States v. Ritchie Introduction In United States v. Robert James Ritchie, the United States Court of Appeals for the...

Nondelegable Duties and Insurance Coverage of Punitive Damages: Insights from Magnum Foods v. Continental Casualty Company

Date: Sep 17, 1994

Nondelegable Duties and Insurance Coverage of Punitive Damages: Insights from Magnum Foods v. Continental Casualty Company Introduction In the landmark case of Magnum Foods, Inc. d/b/a Little...

Gagan v. Norton & Ritz: Clarifying the Scope of Prosecutorial Immunity in Judicial Processes

Date: Sep 17, 1994

Gagan v. Norton & Ritz: Clarifying the Scope of Prosecutorial Immunity in Judicial Processes Introduction In the landmark case of Cary James Gagan v. Gale Norton & Wendy Ritz, heard by the United...

Enhancing Disability Determinations: Washington Jr. v. Shalala Establishes Rigorous Evaluation Standards for Residual Functional Capacity

Date: Sep 16, 1994

Enhancing Disability Determinations: Washington Jr. v. Shalala Establishes Rigorous Evaluation Standards for Residual Functional Capacity Introduction The case of George Washington Jr. v. Donna...

Effective Assistance of Counsel in Capital Sentencing: Analysis of Stafford v. Saffle

Date: Sep 13, 1994

Effective Assistance of Counsel in Capital Sentencing: Analysis of Stafford v. Saffle Introduction Rodger Dale Stafford, the petitioner-appellant, was convicted of three counts of first-degree murder...

10th Circuit Reaffirms the 'Substantially Prevailed' Standard for Attorneys' Fees under § 16 of the Clayton Act

Date: Sep 9, 1994

10th Circuit Reaffirms the 'Substantially Prevailed' Standard for Attorneys' Fees under § 16 of the Clayton Act Introduction The case of City of Chanute, Kansas; City of Auburn, Kansas; City of...

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

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

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

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

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.

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

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

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

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

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

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

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...

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