10th Circuit Case Commentaries

Allocation of Payments in Bankruptcy and Jurisdictional Limits on Child Support Assessments: In re Fullmer Analysis

Date: Apr 29, 1992

Allocation of Payments in Bankruptcy and Jurisdictional Limits on Child Support Assessments: Insights from In re Fullmer Introduction The case of In re David Michael Fullmer, et al. v. United States...

Unioil, Inc. v. Elledge: Standards for Amending Proof of Claims and Accord and Satisfaction in Bankruptcy Proceedings

Date: Apr 25, 1992

Unioil, Inc. v. Elledge: Standards for Amending Proof of Claims and Accord and Satisfaction in Bankruptcy Proceedings Introduction The case of In re Unioil, Inc., Debtor involves complex litigation...

Affirmation of Disability Determination Standards in the Presence of Nonexertional Limitations: Trimiar v. Sullivan

Date: Apr 24, 1992

Affirmation of Disability Determination Standards in the Presence of Nonexertional Limitations: Trimiar v. Sullivan Introduction In the landmark case of Samuel Trimiar v. Louis W. Sullivan, M.D. (966...

Hamilton v. Secretary of Health and Human Services: Reinforcing Deference to Administrative Findings in Disability Claims

Date: Apr 18, 1992

Hamilton v. Secretary of Health and Human Services: Reinforcing Deference to Administrative Findings in Disability Claims Introduction In Hamilton v. Secretary of Health and Human Services, the...

Restricting Pro Se Litigation: Analyzing Ketchum v. Cruz (1992)

Date: Apr 14, 1992

Restricting Pro Se Litigation: Analyzing Ketchum v. Cruz (1992) Introduction Ketchum v. Cruz, 961 F.2d 916 (10th Cir. 1992), addresses critical issues surrounding the dismissal of frivolous lawsuits...

Collateral Estoppel Applicability from Civil Proceedings in Criminal Prosecution: Insights from United States v. Rogers

Date: Apr 3, 1992

Collateral Estoppel Applicability from Civil Proceedings in Criminal Prosecution: Insights from United States v. Rogers Introduction United States of America v. Gerald Leo Rogers, also known as T.T....

Oklahoma Bankruptcy Exemption for IRAs and Keoghs Upheld as Constitutional

Date: Mar 27, 1992

Oklahoma Bankruptcy Exemption for IRAs and Keoghs Upheld as Constitutional Introduction In the case of In re Donald Dean Walker, Debtor, Plaintiff-Appellee, v. Kenneth G.M. Mather, Trustee,...

Established Constitutional Protections for Foster Children Recognized in Tenth Circuit's Decision

Date: Mar 25, 1992

Established Constitutional Protections for Foster Children Recognized in Tenth Circuit's Decision Introduction In the landmark case of YVONNE L. and DEMOND L. v. NEW MEXICO DEPARTMENT OF HUMAN...

Credibility Determinations in Social Security Disability Claims: Graham v. Sullivan

Date: Mar 21, 1992

Credibility Determinations in Social Security Disability Claims: Graham v. Sullivan Introduction Larry A. Graham v. Louis W. Sullivan, Secretary of Health and Human Services (794 F. Supp. 1045) is a...

Third-Party Consent and Privacy in Container Searches: Salinas-Cano v. United States

Date: Mar 19, 1992

Third-Party Consent and Privacy in Container Searches: Salinas-Cano v. United States Introduction United States of America v. Abel Gilberto Salinas-Cano, 959 F.2d 861 (10th Cir. 1992), addresses a...

Waiver of Jurisdictional Defenses Requires Clear Authorization of Counsel: FDIC v. Oaklawn Apartments

Date: Mar 18, 1992

Waiver of Jurisdictional Defenses Requires Clear Authorization of Counsel Introduction In Federal Deposit Insurance Corporation v. Oaklawn Apartments, decided by the United States Court of Appeals...

Qualified Immunity Appellate Review: Insights from Workman v. Sheriff Jordan

Date: Mar 17, 1992

Qualified Immunity Appellate Review: Insights from Workman v. Sheriff Jordan Introduction Workman v. Sheriff Jordan is a seminal case decided by the United States Court of Appeals for the Tenth...

Revisiting Objective Reasonableness in Excessive Force Claims: Frohmader v. Wayne

Date: Mar 13, 1992

Revisiting Objective Reasonableness in Excessive Force Claims: Frohmader v. Wayne Introduction In the landmark case of Donald Frohmader v. Deputy D. Wayne, adjudicated by the United States Court of...

Multiplicity and Sentencing Guidelines in Conspiracy Prosecutions: United States v. Morehead et al. (1992)

Date: Mar 5, 1992

Multiplicity and Sentencing Guidelines in Conspiracy Prosecutions: United States v. Morehead et al. (1992) Introduction In the landmark case of United States v. Morehead, Sr., Morehead, Jr., and...

Strict Adherence to Post-Judgment Motion Timelines: Van Skiver v. United States

Date: Feb 22, 1992

Strict Adherence to Post-Judgment Motion Timelines: Van Skiver v. United States Introduction Van Skiver v. United States, 952 F.2d 1241 (10th Cir. 1992), is a pivotal case that underscores the...

Procedural Default in Federal Habeas Corpus: The Dulin v. Cook and Deland Decision

Date: Feb 19, 1992

Procedural Default in Federal Habeas Corpus: The Dulin v. Cook and Deland Decision Introduction Michael R. Dulin, a petitioner in the case Dulin v. Cook and Deland (957 F.2d 758), challenged the...

Deliberate Indifference to Environmental Tobacco Smoke in Prisons: CLEMMONS v. BOHANNON

Date: Feb 15, 1992

Deliberate Indifference to Environmental Tobacco Smoke in Prisons: CLEMMONS v. BOHANNON Introduction CLEMMONS v. BOHANNON, 956 F.2d 1523 (10th Cir. 1992), is a pivotal case addressing the rights of...

Reinforcement of Rule 9(b) Particularity in Securities Fraud and RICO Claims: Farlow v. Peat Marwick Mitchell Co.

Date: Feb 14, 1992

Reinforcement of Rule 9(b) Particularity in Securities Fraud and RICO Claims: Farlow v. Peat Marwick Mitchell Co. Introduction Farlow et al. v. Peat, Marwick, Mitchell Co. is a pivotal case...

Ensuring Accurate Vocational Assessments in SSI Claims: Insights from Hedstrom v. Sullivan

Date: Feb 12, 1992

Ensuring Accurate Vocational Assessments in SSI Claims: Insights from Hedstrom v. Sullivan Introduction In the landmark case of Leata Hedstrom, a/k/a Leata McDermott v. Louis W. Sullivan, Secretary...

Clarifying Property Interests in Municipal Employment: Phillips v. Calhoun Establishes Limits on Due Process Protections for Unclassified City Personnel

Date: Feb 12, 1992

Clarifying Property Interests in Municipal Employment: Phillips v. Calhoun Establishes Limits on Due Process Protections for Unclassified City Personnel Introduction Phillips v. Calhoun (956 F.2d...

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