10th Circuit Case Commentaries

Affirmation of Fraud Claims and Venue Change Standards in Litigation Funding: Scheidt v. Klein

Date: Feb 12, 1992

Affirmation of Fraud Claims and Venue Change Standards in Litigation Funding: Scheidt v. Klein Introduction In the landmark case of William B. Scheidt and Wanda C. Scheidt v. William Randolph Klein,...

Defining Horizontal Relationships in Group Boycotts Under Section 1 of the Sherman Act and Clarifications on Rule 11 Sanctions

Date: Feb 6, 1992

Defining Horizontal Relationships in Group Boycotts Under Section 1 of the Sherman Act and Clarifications on Rule 11 Sanctions Introduction The case of Kenneth P. Coffey, M.D., Plaintiff-Appellant,...

Defining Qualified Immunity in Employment Discrimination Claims: Patrick v. Miller et al.

Date: Jan 28, 1992

Defining Qualified Immunity in Employment Discrimination Claims: Patrick v. Miller et al. Introduction The case of Fred L. Patrick v. Eugene Miller, John Bloomberg, and the City of Norman addresses...

Res Judicata in Employment Litigation: The Shirley Clark v. Haas Group Precedent

Date: Jan 16, 1992

Res Judicata in Employment Litigation: The Shirley Clark v. Haas Group Precedent Introduction Shirley Clark v. Haas Group, Inc., 953 F.2d 1235 (10th Cir. 1992), is a pivotal case in the realm of...

Pretrial Order Specificity Essential for Preserving Free Speech Claims: Hullman v. Pratt Community College

Date: Jan 15, 1992

Pretrial Order Specificity Essential for Preserving Free Speech Claims: Hullman v. Pratt Community College Introduction Don H. Hullman, a long-serving administrator at Pratt Community College (PCC),...

Strict Contractual Interpretation of HMO Benefits Under ERISA: McGee v. Equicor

Date: Jan 14, 1992

Strict Contractual Interpretation of HMO Benefits Under ERISA: McGee v. Equicor Introduction In the landmark case Charlie McGee v. Equicor-Equitable HCA Corporation, adjudicated by the United States...

Ensuring Due Process: Tenth Circuit's Ruling in Lafferty v. Cook Reinforces Proper Standards for Competency to Stand Trial

Date: Jan 4, 1992

Ensuring Due Process: Tenth Circuit's Ruling in Lafferty v. Cook Reinforces Proper Standards for Competency to Stand Trial Introduction The case of Ronald Watson Lafferty v. Gerald Cook navigated the...

Enhancing Protections Under EDWARDS v. ARIZONA: Suppression of Incriminating Statements Post Right to Counsel Invocation

Date: Dec 21, 1991

Enhancing Protections Under EDWARDS v. ARIZONA: Suppression of Incriminating Statements Post Right to Counsel Invocation Introduction In United States of America v. Joseph B. Kelsey, 951 F.2d 1196...

Voluntary Waiver of Counsel and Evidentiary Admissibility in Tax Evasion: United States v. Burson

Date: Dec 21, 1991

Voluntary Waiver of Counsel and Evidentiary Admissibility in Tax Evasion: United States v. Burson Introduction United States of America v. Cecil L. Burson, 952 F.2d 1196 (10th Cir. 1991), is a...

Kaw Tribe Housing Authority v. City of Ponca City: Establishing Limitations on Political Subdivision Standing

Date: Dec 20, 1991

Kaw Tribe Housing Authority v. City of Ponca City: Establishing Limitations on Political Subdivision Standing Introduction The case Housing Authority of the Kaw Tribe of Indians of Oklahoma v. City...

Tenth Circuit Upholds Strict FTCA Limitations and Precludes Bivens Claims in Pipkin v. USPS

Date: Dec 13, 1991

Tenth Circuit Upholds Strict FTCA Limitations and Precludes Bivens Claims in Pipkin v. USPS Introduction Pipkin v. United States Postal Service is a pivotal case decided by the United States Court of...

Establishing Disability During Insured Period: Insights from FLINT v. SULLIVAN

Date: Dec 10, 1991

Establishing Disability During Insured Period: Insights from FLINT v. SULLIVAN Introduction FLINT v. SULLIVAN is a pivotal case decided by the United States Court of Appeals for the Tenth Circuit on...

Strict Adherence to FTCA's Two-Year Limitation Period in Medical Malpractice Claims: Bradley v. United States

Date: Dec 10, 1991

Strict Adherence to FTCA's Two-Year Limitation Period in Medical Malpractice Claims: Bradley v. United States Introduction Stephen Bradley v. United States of America, by Veterans Administration is a...

Waiver and Estoppel in Take-or-Pay Gas Contracts: Prenalta Corp. v. Colorado Interstate Gas Co.

Date: Dec 7, 1991

Waiver and Estoppel in Take-or-Pay Gas Contracts: Prenalta Corp. v. Colorado Interstate Gas Co. Introduction Prenalta Corporation and associated individual plaintiffs (collectively referred to as...

Reversal of Perjury Conviction Due to Ineffective Assistance of Counsel Arising from Conflict of Interest

Date: Dec 3, 1991

Reversal of Perjury Conviction Due to Ineffective Assistance of Counsel Arising from Conflict of Interest Introduction The case of Dennis Wayne Moore v. United States of America involves significant...

Exclusion of Expert Testimony in Products Liability: Werth v. Makita Reversed

Date: Nov 26, 1991

Exclusion of Expert Testimony in Products Liability: Werth v. Makita Reversed Introduction The case of Werth v. Makita Electric Works, Ltd., adjudicated by the United States Court of Appeals for the...

Punitive Damages in Products Liability: Mason v. Texaco Establishes New Precedent

Date: Nov 19, 1991

Punitive Damages in Products Liability: Mason v. Texaco Establishes New Precedent Introduction The case of Mason v. Texaco, Inc. (948 F.2d 1546, 10th Cir. 1991) marks a significant milestone in the...

10th Circuit Reinforces Absolute Immunity for Conspiracies to Perjure under 42 U.S.C. § 1983

Date: Nov 19, 1991

10th Circuit Reinforces Absolute Immunity for Conspiracies to Perjure under 42 U.S.C. § 1983 Introduction In the significant case of Miller v. Glanz et al. (948 F.2d 1562, 10th Cir. 1991), the United...

Renfro v. City of Emporia: Compensable On-Call Time for Firefighters under FLSA

Date: Nov 14, 1991

Renfro v. City of Emporia: Compensable On-Call Time for Firefighters under FLSA Introduction Renfro et al. v. City of Emporia, Kansas is a landmark case adjudicated by the United States Court of...

Ex Post Facto Violations in Sentencing Guidelines: Analysis of US v. Saucedo

Date: Nov 14, 1991

Ex Post Facto Violations in Sentencing Guidelines: Analysis of United States v. Saucedo, 950 F.2d 1508 (10th Cir. 1991) Introduction United States of America v. Joe Luis Saucedo is a pivotal case...

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