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  • Commentaries
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10th Circuit Case Commentaries

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

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

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

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

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

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

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)

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

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

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

Date: Jun 19, 1992
Qualified Immunity in Parole Proceedings: Mee v. Ortega Establishes New Precedent Introduction Mee v. Ortega, 967 F.2d 423 (10th Cir. 1992), serves as a pivotal case in delineating the boundaries of...
Enforceability of "No-Sale" Rules in Frequent Flyer Programs and Individual Liability in Tortious Interference

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

Date: Jun 18, 1992
Enforceability of "No-Sale" Rules in Frequent Flyer Programs and Individual Liability in Tortious Interference Introduction In American Airlines v. Christensen et al., the United States Court of...
Exhaustion of State Remedies in Federal Habeas Corpus: Miranda v. Cooper

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

Date: Jun 18, 1992
Exhaustion of State Remedies in Federal Habeas Corpus: Miranda v. Cooper Introduction Miranda v. Cooper, 967 F.2d 392 (10th Cir. 1992), is a pivotal case addressing the procedural requirements for...
Sandoval v. Aetna Life: Affirming ERISA Plan Administrators' Discretion in Disability Determinations

Sandoval v. Aetna Life: Affirming ERISA Plan Administrators' Discretion in Disability Determinations

Date: Jun 17, 1992
Sandoval v. Aetna Life: Affirming ERISA Plan Administrators' Discretion in Disability Determinations Introduction DAN M. SANDOVAL, PLAINTIFF-APPELLANT, v. AETNA LIFE AND CASUALTY INSURANCE CO., et...
Substantial Evidence Standard in Social Security Disability Determinations

Substantial Evidence Standard in Social Security Disability Determinations

Date: Jun 16, 1992
Substantial Evidence Standard in Social Security Disability Determinations Introduction In the case of David W. Musgrave v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, the United...
Protected Property Interests and Due Process in Public Employment: West v. Grand County

Protected Property Interests and Due Process in Public Employment: West v. Grand County

Date: Jun 6, 1992
Protected Property Interests and Due Process in Public Employment: West v. Grand County Introduction West v. Grand County, 967 F.2d 362 (10th Cir. 1992), addresses critical issues surrounding the due...
Sturmoski v. USA: Affirming Federal Legal Standards on Search Warrants and Concurrent Sentencing in Drug Crimes

Sturmoski v. USA: Affirming Federal Legal Standards on Search Warrants and Concurrent Sentencing in Drug Crimes

Date: Jun 4, 1992
Sturmoski v. USA: Affirming Federal Legal Standards on Search Warrants and Concurrent Sentencing in Drug Crimes Introduction The case of United States of America v. Walt Anthony Sturmoski (971 F.2d...
Dismissal with Prejudice under Rule 37(b)(2)(C): Discretion and Factors Considered in Ehrenhaus v. Reynolds

Dismissal with Prejudice under Rule 37(b)(2)(C): Discretion and Factors Considered in Ehrenhaus v. Reynolds

Date: May 30, 1992
Dismissal with Prejudice under Rule 37(b)(2)(C): Discretion and Factors Considered in Ehrenhaus v. Reynolds Introduction Ehrenhaus v. Reynolds, et al., 965 F.2d 916 (10th Cir. 1992), is a pivotal...
Affirmation of Conviction in Mosley v. United States: Outrageous Conduct Defense Insufficient

Affirmation of Conviction in Mosley v. United States: Outrageous Conduct Defense Insufficient

Date: May 29, 1992
Affirmation of Conviction in Mosley v. United States: Outrageous Conduct Defense Insufficient Introduction The case of United States of America v. Bobby Ray Mosley, adjudicated by the United States...
Affirmation of Civil Forfeiture for Proceeds and Tools of Drug Trafficking in United States v. Fisher

Affirmation of Civil Forfeiture for Proceeds and Tools of Drug Trafficking in United States v. Fisher

Date: May 28, 1992
Affirmation of Civil Forfeiture for Proceeds and Tools of Drug Trafficking in United States v. Fisher Introduction The case of United States of America v. Thomas Ray Fisher and JaNetta June Fisher...
ERISA Preempts State Estoppel Doctrines in Employee Welfare Benefit Plans: Insights from Peckham v. Gem State Mutual

ERISA Preempts State Estoppel Doctrines in Employee Welfare Benefit Plans: Insights from Peckham v. Gem State Mutual

Date: May 22, 1992
ERISA Preempts State Estoppel Doctrines in Employee Welfare Benefit Plans: Insights from Peckham v. Gem State Mutual Introduction The case of Andrea Peckham, as the Mother and Natural Guardian of...
Strict Pleading Standards and the Necessity of Precise Market Definition in Antitrust Claims: Insights from TVCN v. TNT

Strict Pleading Standards and the Necessity of Precise Market Definition in Antitrust Claims: Insights from TVCN v. TNT

Date: May 20, 1992
Strict Pleading Standards and the Necessity of Precise Market Definition in Antitrust Claims: Insights from TVCN v. TNT Introduction The case of TV Communications Network, Inc. v. Turner Network...
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