10th Circuit Case Commentaries

Mandatory Appointment of Counsel in Habeas Corpus Proceedings Requiring Evidentiary Hearings

Date: May 3, 1994

Mandatory Appointment of Counsel in Habeas Corpus Proceedings Requiring Evidentiary Hearings Introduction The case of David Swazo v. Wyoming Department of Corrections addresses critical issues...

Evaluating Likelihood of Confusion in Trademark Infringement: Tenth Circuit Affirms Summary Judgment in UMC v. AT&T

Date: Apr 30, 1994

Evaluating Likelihood of Confusion in Trademark Infringement: Tenth Circuit Affirms Summary Judgment in UMC v. AT&T Introduction Universal Money Centers, Inc. (UMC), a Missouri corporation, filed a...

Affirmation of Kansas' Criminal Jurisdiction Over Native Americans: Oyler v. Allenbrand

Date: Apr 29, 1994

Affirmation of Kansas' Criminal Jurisdiction Over Native Americans: Oyler v. Allenbrand Introduction Oyler v. Allenbrand (23 F.3d 292, 10th Cir. 1994) is a landmark appellate case in which Jimmie D....

Limitation of Rule 32(c)(3)(D) for Postsentence PSI Corrections in United States v. Scott A. Warner

Date: Apr 29, 1994

Limitation of Rule 32(c)(3)(D) for Postsentence PSI Corrections in United States v. Scott A. Warner Introduction United States v. Scott A. Warner, 23 F.3d 287 (10th Cir. 1994), is a pivotal case...

Constructive Filing and Statute of Limitations in Title VII Claims: Theola A. Jarrett v. US Sprint Communications Company

Date: Apr 27, 1994

Constructive Filing and Statute of Limitations in Title VII Claims: Theola A. Jarrett v. US Sprint Communications Company Introduction The case of Theola A. Jarrett v. US Sprint Communications...

Deliberate Indifference to Pretrial Detainee's Medical Needs: Insights from Hocker v. Walsh

Date: Apr 21, 1994

Deliberate Indifference to Pretrial Detainee's Medical Needs: Insights from Hocker v. Walsh Introduction Estate of Jacinda Sue Hocker, by Jerry Hocker, Administrator, Plaintiff-Appellant, v. John J....

Affirmation of Limited Constitutional Duty of School Districts Under Section 1983

Date: Apr 21, 1994

Affirmation of Limited Constitutional Duty of School Districts Under Section 1983 Introduction The case of Ladonna J. Graham and Paula Pointer v. Independent School District No. I-89 and Western...

Jurisdiction Over Breach of Contract Claims Against the FDIC Under FIRREA Affirmed

Date: Apr 14, 1994

Jurisdiction Over Breach of Contract Claims Against the FDIC Under FIRREA Affirmed Introduction The case of Federal Deposit Insurance Corporation v. Larry O. Hulsey Co. serves as a pivotal judicial...

Establishing Age Discrimination Through Constructive Discharge: Insights from Sears v. James et al., Tenth Circuit

Date: Apr 12, 1994

Establishing Age Discrimination Through Constructive Discharge: Insights from Sears v. James et al., Tenth Circuit Introduction In the landmark case of H. Brendan James et al. v. Sears, Roebuck and...

Glenn v. Shalala: Establishing the Burden of Proof and Substantial Evidence in Social Security Disability Terminations

Date: Apr 9, 1994

Glenn v. Shalala: Establishing the Burden of Proof and Substantial Evidence in Social Security Disability Terminations Introduction Glenn v. Shalala is a pivotal case adjudicated by the United States...

Good Faith Belief and the Amount in Controversy Requirement: Tenth Circuit's Ruling in Watson v. Blankinship

Date: Apr 2, 1994

Good Faith Belief and the Amount in Controversy Requirement: Tenth Circuit's Ruling in Watson v. Blankinship Introduction The case of William C. Watson, Kelly Macias, and Rufugio Macias v. Norman C....

Affirmation of Pretrial Dismissal in UNITED STATES v. HALL: Clarifying the Boundaries of 18 U.S.C. § 924(c)(1)

Date: Mar 31, 1994

Affirmation of Pretrial Dismissal in UNITED STATES v. HALL: Clarifying the Boundaries of 18 U.S.C. § 924(c)(1) Introduction UNITED STATES OF AMERICA v. GREGORY R. HALL, A/K/A DON CUSICK, 20 F.3d 1084...

Voluntary Consent in Terry Stops: Insights from United States v. Muldrow

Date: Mar 26, 1994

Voluntary Consent in Terry Stops: Insights from United States v. Muldrow Introduction United States v. Muldrow, 19 F.3d 1332 (10th Cir. 1994), is a pivotal case addressing the complexities...

Sham Transfers and Conspiracy Under the National Firearms Act: The Fleming Case

Date: Mar 24, 1994

Sham Transfers and Conspiracy Under the National Firearms Act: The Fleming Case Introduction The case of United States of America v. William Hugh Fleming (19 F.3d 1325) is a landmark decision by the...

Reaffirmation of Absolute Immunity and Statute of Limitations in Section 1983 Claims: Hunt v. Bennett, 10th Cir. 1994

Date: Mar 23, 1994

Reaffirmation of Absolute Immunity and Statute of Limitations in Section 1983 Claims: Hunt v. Bennett, 10th Cir. 1994 Introduction The case of Michael Rhodes Hunt v. Thomas A. Bennett et al.,...

Rejecting Per Se Rules for Citizen-Police Encounters in Private Train Roomettes: United States v. Little (1994)

Date: Mar 23, 1994

Rejecting Per Se Rules for Citizen-Police Encounters in Private Train Roomettes: United States v. Little (1994) Introduction In United States of America v. Bonnie Kaye Little, 18 F.3d 1499 (10th Cir....

Limits on Offensive Collateral Estoppel in Employment Discrimination: Meredith v. Beech Aircraft

Date: Mar 22, 1994

Limits on Offensive Collateral Estoppel in Employment Discrimination: Meredith v. Beech Aircraft Introduction The case of Janis E. Meredith v. Beech Aircraft Corporation addresses critical issues...

Diversity Jurisdiction and Employee Exclusions in Insurance Coverage: Analysis of State Farm Mutual Automobile Insurance Company v. Colley

Date: Mar 16, 1994

Diversity Jurisdiction and Employee Exclusions in Insurance Coverage: Analysis of State Farm Mutual Automobile Insurance Company v. Colley Introduction State Farm Mutual Automobile Insurance Company...

Enhancing Fourth Amendment Protections Against Unreasonable Detentions: United States v. Fernandez

Date: Mar 12, 1994

Enhancing Fourth Amendment Protections Against Unreasonable Detentions: United States v. Fernandez Introduction In the landmark case United States of America v. Edelmiro Augustin Fernandez, 18 F.3d...

Amending Habeas Corpus Petitions: Establishing Standards for District Court Discretion

Date: Mar 8, 1994

Amending Habeas Corpus Petitions: Establishing Standards for District Court Discretion Introduction The case of Ronald Edward Gillette v. Robert J. Tansy and Attorney General of the State of New...

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