10th Circuit Case Commentaries

Reversing Summary Judgment in Reverse Discrimination Cases: Notari v. Denver Water Department

Date: Jul 30, 1992

Reversing Summary Judgment in Reverse Discrimination Cases: Notari v. Denver Water Department Introduction Kenneth J. Notari v. Denver Water Department, 971 F.2d 585 (10th Cir. 1992), is a pivotal...

Limits of Immunity for Parole Personnel in §1983 Actions: An Analysis of Russ v. Upah

Date: Jul 30, 1992

Limits of Immunity for Parole Personnel in §1983 Actions: An Analysis of Russ v. Upah Introduction The case of Chester Russ v. Paul Upah, Rod Cozzetto, and John R. Enright (972 F.2d 300) adjudicated...

Clarifying 'Criminally Derived Property' Under 18 U.S.C. §1957: Tenth Circuit Sets New Precedent

Date: Jul 29, 1992

Clarifying 'Criminally Derived Property' Under 18 U.S.C. §1957: Tenth Circuit Sets New Precedent Introduction The United States Court of Appeals for the Tenth Circuit, in the case of United States of...

Original Source Requirement for Qui Tam Actions Under the False Claims Act

Date: Jul 28, 1992

Original Source Requirement for Qui Tam Actions Under the False Claims Act Introduction In the case of United States of America, Ex Rel. The Precision Company v. Koch Industries, Inc., the United...

Non-Appealability of Rule 68 Consent Judgments and LMRA Section 301 Preemption: Tenth Circuit's Decision in Mock and Bailey v. T.G.Y. Stores Co.

Date: Jul 25, 1992

Non-Appealability of Rule 68 Consent Judgments and LMRA Section 301 Preemption: Tenth Circuit's Decision in Mock and Bailey v. T.G.Y. Stores Co. Introduction The case of Mock and Bailey v. T.G.Y....

Quiet Title Actions under 28 U.S.C. § 2410: Determining Jurisdiction and Sovereign Immunity in IRS Levy Challenges

Date: Jul 24, 1992

Quiet Title Actions under 28 U.S.C. § 2410: Determining Jurisdiction and Sovereign Immunity in IRS Levy Challenges Introduction In Ronald James and Kay James v. United States of America, 970 F.2d 750...

Clarifying Procedural Defects in Tax Collection: Guthrie v. IRS Establishes Key Precedents

Date: Jul 22, 1992

Clarifying Procedural Defects in Tax Collection: Guthrie v. IRS Establishes Key Precedents Introduction The case of James E. Guthrie; Beatrice M. Guthrie, Plaintiffs-Appellants v. K.J. Sawyer et al....

Tenth Circuit Establishes Sua Sponte Raising of State Procedural Default in Habeas Corpus Petitions

Date: Jul 21, 1992

Tenth Circuit Establishes Sua Sponte Raising of State Procedural Default in Habeas Corpus Petitions Introduction The case of Richard Hardiman v. Dan M. Reynolds, Warden; and Attorney General of the...

Tenth Circuit Upholds At-Will Employment and Dismisses Invasion of Privacy Claim in Mares v. ConAgra Poultry Co.

Date: Jul 18, 1992

Tenth Circuit Upholds At-Will Employment and Dismisses Invasion of Privacy Claim in Mares v. ConAgra Poultry Co. Introduction In Carmela Mares v. ConAgra Poultry Company, Inc., 971 F.2d 492 (10th...

Enhancing the Plain View Doctrine: Insights from Cruz Corral v. United States

Date: Jul 18, 1992

Enhancing the Plain View Doctrine: Insights from Cruz Corral v. United States Introduction The case of United States of America v. Cruz Corral, adjudicated by the United States Court of Appeals for...

Affirmation of International Forum Selection and Arbitration Clauses Under U.S. Law: Riley v. Kingsley Underwriting Agencies

Date: Jul 18, 1992

Affirmation of International Forum Selection and Arbitration Clauses Under U.S. Law: Riley v. Kingsley Underwriting Agencies Introduction The case Riley v. Kingsley Underwriting Agencies, Ltd....

Federal Rules Govern Service of Deficiency Judgment Motions in Federal Courts

Date: Jul 14, 1992

Federal Rules Govern Service of Deficiency Judgment Motions in Federal Courts Introduction The case of Oklahoma Radio Associates, et al. v. Federal Deposit Insurance Corporation serves as a pivotal...

Strict Enforcement of Local Rules Justifies Dismissal of Pro Se Litigation

Date: Jul 10, 1992

Strict Enforcement of Local Rules Justifies Dismissal of Pro Se Litigation Introduction In the case of Rickke L. Green v. David Dorrell et al., 969 F.2d 915 (10th Cir. 1992), the United States Court...

Dismissal of Civil Claim Due to Health-Related Deposition Complications: Gocolay v. New Mexico Federal Savings Loan Association

Date: Jul 2, 1992

Dismissal of Civil Claim Due to Health-Related Deposition Complications: Gocolay v. New Mexico Federal Savings Loan Association Introduction In the case of Maria Cecelia Gocolay v. New Mexico Federal...

Affirmation of Motor Carrier Exemption under FLSA for Employees Engaged in Interstate Commerce Activities

Date: Jul 2, 1992

Affirmation of Motor Carrier Exemption under FLSA for Employees Engaged in Interstate Commerce Activities Introduction In the landmark case of Mark A. Thomas et al. v. Wichita Coca-Cola Bottling...

Defining Individual Participation in Drug Conspiracies: Insights from United States v. Evans (10th Cir. 1992)

Date: Jul 1, 1992

Defining Individual Participation in Drug Conspiracies: Insights from United States v. Evans (10th Cir. 1992) Introduction United States of America v. Donald B.W. Evans et al., 970 F.2d 663 (10th...

Expansion of Federal Jurisdiction under the Indian Child Welfare Act: Roman-Nose v. New Mexico Department of Human Services

Date: Jun 20, 1992

Expansion of Federal Jurisdiction under the Indian Child Welfare Act: Roman-Nose v. New Mexico Department of Human Services Introduction Laurie L. Roman-Nose v. New Mexico Department of Human...

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10th Circuit Case Commentaries

Reversing Summary Judgment in Reverse Discrimination Cases: Notari v. Denver Water Department

Limits of Immunity for Parole Personnel in §1983 Actions: An Analysis of Russ v. Upah

Clarifying 'Criminally Derived Property' Under 18 U.S.C. §1957: Tenth Circuit Sets New Precedent

Original Source Requirement for Qui Tam Actions Under the False Claims Act

Non-Appealability of Rule 68 Consent Judgments and LMRA Section 301 Preemption: Tenth Circuit's Decision in Mock and Bailey v. T.G.Y. Stores Co.

Quiet Title Actions under 28 U.S.C. § 2410: Determining Jurisdiction and Sovereign Immunity in IRS Levy Challenges

Clarifying Procedural Defects in Tax Collection: Guthrie v. IRS Establishes Key Precedents

Tenth Circuit Establishes Sua Sponte Raising of State Procedural Default in Habeas Corpus Petitions

Tenth Circuit Upholds At-Will Employment and Dismisses Invasion of Privacy Claim in Mares v. ConAgra Poultry Co.

Enhancing the Plain View Doctrine: Insights from Cruz Corral v. United States

Affirmation of International Forum Selection and Arbitration Clauses Under U.S. Law: Riley v. Kingsley Underwriting Agencies

Federal Rules Govern Service of Deficiency Judgment Motions in Federal Courts

Strict Enforcement of Local Rules Justifies Dismissal of Pro Se Litigation

Dismissal of Civil Claim Due to Health-Related Deposition Complications: Gocolay v. New Mexico Federal Savings Loan Association

Affirmation of Motor Carrier Exemption under FLSA for Employees Engaged in Interstate Commerce Activities

Defining Individual Participation in Drug Conspiracies: Insights from United States v. Evans (10th Cir. 1992)

Expansion of Federal Jurisdiction under the Indian Child Welfare Act: Roman-Nose v. New Mexico Department of Human Services

Qualified Immunity in Parole Proceedings: Mee v. Ortega Establishes New Precedent

Enforceability of "No-Sale" Rules in Frequent Flyer Programs and Individual Liability in Tortious Interference

Exhaustion of State Remedies in Federal Habeas Corpus: Miranda v. Cooper