10th Circuit Case Commentaries

Haddock v. United States: Defining Ineffective Assistance and Loss Calculation in Sentencing

Date: Mar 3, 1994

Haddock v. United States: Defining Ineffective Assistance and Loss Calculation in Sentencing Introduction United States of America v. Kenneth E. Haddock, 12 F.3d 950 (10th Cir. 1993), represents a...

Nitsua Management v. United States: Clarifying Jurisdiction and Due Process in Civil Asset Forfeiture

Date: Mar 1, 1994

Nitsua Management v. United States: Clarifying Jurisdiction and Due Process in Civil Asset Forfeiture Introduction The case of United States of America v. 51 Pieces of Real Property, Roswell, New...

Summary Judgment on Express Warranty Claims in Voelkel v. General Motors

Date: Mar 1, 1994

Summary Judgment on Express Warranty Claims in Voelkel v. General Motors Introduction In the landmark case of Michael Voelkel v. General Motors Corporation, reported at 846 F. Supp. 1482, the United...

Affirmation of District Court's Discretion in Attorney's Fees and Costs in Removal and Remand Cases: Daleske v. Fairfield

Date: Mar 1, 1994

Affirmation of District Court's Discretion in Attorney's Fees and Costs in Removal and Remand Cases: Daleske v. Fairfield Introduction The case of Daleske et al. v. Fairfield Communities, Inc. heard...

Affirmation of Summary Judgment in Section 1981 Discrimination Claim: Durham v. Xerox

Date: Feb 25, 1994

Affirmation of Summary Judgment in Section 1981 Discrimination Claim: Durham v. Xerox Introduction The case of Mary P. Durham v. Xerox Corporation (18 F.3d 836) adjudicated by the United States Court...

Judicial Restrictions on Repetitive and Frivolous Filings: The Winslow Precedent

Date: Feb 24, 1994

Judicial Restrictions on Repetitive and Frivolous Filings: The Winslow Precedent Introduction The case of In re Rainsford J. Winslow and Winifred W. Winslow, Debtors (17 F.3d 314) adjudicated by the...

Tenth Circuit Affirms Contribution Despite Oklahoma's Parental Immunity Doctrine in Wrongful Death Actions

Date: Feb 16, 1994

Tenth Circuit Affirms Contribution Despite Oklahoma's Parental Immunity Doctrine in Wrongful Death Actions Introduction The case of Lewis R. Robinson et al. v. Missouri Pacific Railroad Company (16...

Reaffirming the Colorado River Doctrine: Fox v. Maulding

Date: Feb 11, 1994

Reaffirming the Colorado River Doctrine: Fox v. Maulding Introduction In Odell Fox and Sharon Fox v. Dwight M. Maulding et al., adjudicated by the United States Court of Appeals for the Tenth Circuit...

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...

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10th Circuit Case Commentaries

Haddock v. United States: Defining Ineffective Assistance and Loss Calculation in Sentencing

Nitsua Management v. United States: Clarifying Jurisdiction and Due Process in Civil Asset Forfeiture

Summary Judgment on Express Warranty Claims in Voelkel v. General Motors

Affirmation of District Court's Discretion in Attorney's Fees and Costs in Removal and Remand Cases: Daleske v. Fairfield

Affirmation of Summary Judgment in Section 1981 Discrimination Claim: Durham v. Xerox

Judicial Restrictions on Repetitive and Frivolous Filings: The Winslow Precedent

Tenth Circuit Affirms Contribution Despite Oklahoma's Parental Immunity Doctrine in Wrongful Death Actions

Reaffirming the Colorado River Doctrine: Fox v. Maulding

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

Clarification on Due Process and Equal Protection in Prisoner Administrative Segregation

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

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

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

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

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

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

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

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

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

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