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  • Commentaries
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10th Circuit Case Commentaries

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

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

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

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

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.

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

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

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

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...
Recognition of Chronic Fatigue Syndrome under Social Security Disability: Sisco v. Sullivan

Recognition of Chronic Fatigue Syndrome under Social Security Disability: Sisco v. Sullivan

Date: Dec 1, 1993
Recognition of Chronic Fatigue Syndrome under Social Security Disability: Sisco v. Sullivan Introduction Sisco v. Sullivan, 10 F.3d 739 (10th Cir. 1993), is a landmark case in the realm of Social...
10th Circuit Upholds District Court's Reverse Bifurcation and Expert Testimony Handling in Asbestos Liability Case

10th Circuit Upholds District Court's Reverse Bifurcation and Expert Testimony Handling in Asbestos Liability Case

Date: Nov 30, 1993
10th Circuit Upholds District Court's Reverse Bifurcation and Expert Testimony Handling in Asbestos Liability Case Introduction In Angelo v. Armstrong World Industries, Inc., 11 F.3d 957 (10th Cir....
Limitation on Warrantless Vehicle Trunk Searches Based Solely on Odor: United States v. Nielsen

Limitation on Warrantless Vehicle Trunk Searches Based Solely on Odor: United States v. Nielsen

Date: Nov 23, 1993
Limitation on Warrantless Vehicle Trunk Searches Based Solely on Odor: United States v. Nielsen Introduction In United States of America v. Douglas Merrill Nielsen, decided by the United States Court...
Nondischargeability of Attorney's Fees in Custody Proceedings Under 11 U.S.C. § 523(a)(5)

Nondischargeability of Attorney's Fees in Custody Proceedings Under 11 U.S.C. § 523(a)(5)

Date: Nov 17, 1993
Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For legal advice, please consult a qualified attorney. Nondischargeability of Attorney's...
Key Legal Principles in Washington v. United States: Chain of Custody Admissibility and Sentencing Standards

Key Legal Principles in Washington v. United States: Chain of Custody Admissibility and Sentencing Standards

Date: Nov 16, 1993
Key Legal Principles in Washington v. United States: Chain of Custody Admissibility and Sentencing Standards Introduction United States of America v. Patrick E. Washington is a pivotal case decided...
ERISA § 206(d)(1) and Garnishment of Received Pension Benefits: Insights from Curtis Guidry v. Sheet Metal Workers International Association

ERISA § 206(d)(1) and Garnishment of Received Pension Benefits: Insights from Curtis Guidry v. Sheet Metal Workers International Association

Date: Nov 5, 1993
ERISA § 206(d)(1) and Garnishment of Received Pension Benefits: Insights from Curtis Guidry v. Sheet Metal Workers International Association Introduction The case of Curtis Guidry v. Sheet Metal...
Admissibility of Hearsay and Sentencing Guidelines in United States v. Melvin Joe

Admissibility of Hearsay and Sentencing Guidelines in United States v. Melvin Joe

Date: Nov 4, 1993
Admissibility of Hearsay and Sentencing Guidelines in United States v. Melvin Joe Introduction United States of America v. Melvin Joe, 8 F.3d 1488 (10th Cir. 1993), is a pivotal case that delves into...
Feasibility of Safer Design in Strict Product Liability: Tenth Circuit's Ruling in Allen v. Minnstar, Inc.

Feasibility of Safer Design in Strict Product Liability: Tenth Circuit's Ruling in Allen v. Minnstar, Inc.

Date: Nov 2, 1993
Feasibility of Safer Design in Strict Product Liability: Tenth Circuit's Ruling in Allen v. Minnstar, Inc. Introduction The case of Scott Allen v. Minnstar, Inc., dba Genmar Industries, Inc., dba...
Enhanced Miranda Protections in Coercive Terry Stops: Perdue v. United States

Enhanced Miranda Protections in Coercive Terry Stops: Perdue v. United States

Date: Nov 2, 1993
Enhanced Miranda Protections in Coercive Terry Stops: Perdue v. United States Introduction In the landmark case of United States of America v. Vincent Anthony Perdue, adjudicated by the United States...
Tenth Circuit Affirms Reduction of Attorney's Fees Award in Sex Discrimination Settlement

Tenth Circuit Affirms Reduction of Attorney's Fees Award in Sex Discrimination Settlement

Date: Oct 30, 1993
Tenth Circuit Affirms Reduction of Attorney's Fees Award in Sex Discrimination Settlement Introduction In the landmark case of Linda Sue Bratcher v. Bray-Doyle Independent School District No. 42, the...
Reaffirming Reasonable Attorneys' Fees in Common Fund Settlements: Analysis of In re Odis Ward Litigation

Reaffirming Reasonable Attorneys' Fees in Common Fund Settlements: Analysis of In re Odis Ward Litigation

Date: Oct 29, 1993
Reaffirming Reasonable Attorneys' Fees in Common Fund Settlements: Analysis of In re Odis Ward Litigation Introduction The case of Odis Ward, et al. v. Commercial Lovelace Motor Freight, Inc....
Enhancing Miranda Protections in Custodial Interrogations: The Tenth Circuit's Ruling in United States v. Griffin

Enhancing Miranda Protections in Custodial Interrogations: The Tenth Circuit's Ruling in United States v. Griffin

Date: Oct 27, 1993
Enhancing Miranda Protections in Custodial Interrogations: The Tenth Circuit's Ruling in United States v. Griffin Introduction United States of America v. Teresa Mechell Griffin is a pivotal case...
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