10th Circuit Case Commentaries

Reevaluation of Contingency Fee Claims in Bankruptcy Under section 502(b)(4)

Date: Jan 24, 1991

Reevaluation of Contingency Fee Claims in Bankruptcy Under section 502(b)(4) Introduction The case of In Re Western Real Estate Fund, Inc., et al., Debtors versus Landsing Diversified Properties-II...

Strengthening Revocation Standards under 11 U.S.C. §727(d): Analysis of In Re Edmonds

Date: Jan 23, 1991

Strengthening Revocation Standards under 11 U.S.C. §727(d): Analysis of In Re Edmonds Introduction The case In Re Benny Leigh Edmonds and Shirley Jeannine Edmonds (924 F.2d 176) adjudicated by the...

Exemption of Government Regulatory Actions from Bankruptcy Automatic Stay: Eddleman v. Department of Labor

Date: Jan 16, 1991

Exemption of Government Regulatory Actions from Bankruptcy Automatic Stay: Eddleman v. Department of Labor Introduction The case of Eddleman v. United States Department of Labor, adjudicated by the...

Protecting Inmate Constitutional Rights: Tenth Circuit's Stance on Retaliatory Transfers in Frazier v. Dubois

Date: Jan 12, 1991

Protecting Inmate Constitutional Rights: Tenth Circuit's Stance on Retaliatory Transfers in Frazier v. Dubois Introduction The case of Frazier v. Dubois et al. (922 F.2d 560) stands as a pivotal...

Rescission of Insurance Policy Due to Non-Disclosure: Golden Rule Insurance Co. v. E. Jay Lease, Sr.

Date: Jan 10, 1991

Rescission of Insurance Policy Due to Non-Disclosure: Golden Rule Insurance Co. v. E. Jay Lease, Sr. Introduction In the case of Golden Rule Insurance Company v. E. Jay Lease, Sr., adjudicated in the...

Affirmation of Fourth Amendment Protections in Excessive Force Claims

Date: Jan 8, 1991

Affirmation of Fourth Amendment Protections in Excessive Force Claims Introduction In the landmark case of Willie Dixon, Hyon Dixon v. Deputy Sheriff Donald Richer, Deputy Sheriff David Yarbrough...

Establishing Liability for Police Retaliation and Affidavit Misconduct under 42 U.S.C. § 1983: Bevers v. DeLoach

Date: Jan 1, 1991

Establishing Liability for Police Retaliation and Affidavit Misconduct under 42 U.S.C. § 1983: Bevers v. DeLoach Introduction Bevers v. DeLoach, 922 F.2d 618 (10th Cir. 1990), is a significant...

Affirmation of Protective Sweep Doctrine and Clarification on ACCA Sentencing: United States v. Tisdale

Date: Dec 22, 1990

Affirmation of Protective Sweep Doctrine and Clarification on ACCA Sentencing: United States v. Tisdale Introduction The case of United States of America v. Benjamin Thomas Tisdale, III, adjudicated...

Constructive Amendment and Due Process: Analyzing Hunter v. State of New Mexico

Date: Dec 12, 1990

Constructive Amendment and Due Process: Analyzing Hunter v. State of New Mexico Introduction Hunter v. State of New Mexico is a landmark decision by the United States Court of Appeals for the Tenth...

Zilkha Energy Co. v. Leighton: Debtors in Possession and Bankruptcy Code §544(a)(1)

Date: Dec 11, 1990

Zilkha Energy Co. v. Leighton: Debtors in Possession and Bankruptcy Code §544(a)(1) Introduction In the landmark case of Zilkha Energy Company v. Leighton, the United States Court of Appeals for the...

Affirmation of Mandatory Minimum Sentencing in Drug Distribution Cases: US v. Pena

Date: Dec 5, 1990

Affirmation of Mandatory Minimum Sentencing in Drug Distribution Cases: US v. Pena Introduction In the landmark case of United States of America v. Crescenciano M. Pena (920 F.2d 1509), the United...

Limits of Absolute Immunity for Child Welfare Investigations: Tenth Circuit Affirms Denial in SNELL v. TUNNELL

Date: Dec 1, 1990

Limits of Absolute Immunity for Child Welfare Investigations: Tenth Circuit Affirms Denial in SNELL v. TUNNELL Introduction The case of Clark Davenport Snell et al. v. Conley Tunnell et al. (920 F.2d...

Affirming Good Faith Defense and Upholding Ethical Counsel Standards in United States v. Collins

Date: Nov 28, 1990

Affirming Good Faith Defense and Upholding Ethical Counsel Standards in United States v. Collins Introduction In the landmark case United States of America v. Roy W. Collins, 920 F.2d 619 (10th Cir....

Affirmation of Anti-Injunction Act and Sovereign Immunity in Tax Collection Actions

Date: Nov 21, 1990

Affirmation of Anti-Injunction Act and Sovereign Immunity in Tax Collection Actions Introduction In the case of Eugene M. Lonsdale, Patsy R. Lonsdale, His Wife in Propria Persona Sui Juris,...

Affirmation of Choice of Law, RICO Continuity Standards, and Res Judicata in Sil-Flo, Inc. v. SFHC, Inc.

Date: Oct 31, 1990

Affirmation of Choice of Law, RICO Continuity Standards, and Res Judicata in Sil-Flo, Inc. v. SFHC, Inc. Introduction The case of SIL-FLO, INCORPORATED, A DELAWARE CORPORATION, PLAINTIFF-APPELLANT...

Establishing Defendant's Standing in Vehicle Searches: Insights from United States v. Rubio-Rivera

Date: Oct 27, 1990

Establishing Defendant's Standing in Vehicle Searches: Insights from United States v. Rubio-Rivera Introduction United States of America v. Ramon Rubio-Rivera is a pivotal case adjudicated by the...

Application of the Speedy Trial Act and Evidentiary Standards in Joint Conspiracy Cases: United States v. Mayes & Scott

Date: Oct 25, 1990

Application of the Speedy Trial Act and Evidentiary Standards in Joint Conspiracy Cases: United States v. Mayes & Scott Introduction In the appellate case of United States of America v. Robert Larry...

Preservation of the Presumption of Innocence: Insights from Mahorney v. Wallman, 10th Cir. 1990

Date: Oct 25, 1990

Preservation of the Presumption of Innocence: Insights from Mahorney v. Wallman, 10th Cir. 1990 Introduction Mahorney v. Wallman, 917 F.2d 469 (10th Cir. 1990), is a pivotal appellate decision...

Bankruptcy Courts' Authority to Impose Civil Contempt Sanctions Affirmed in In Re Skinner

Date: Oct 23, 1990

Bankruptcy Courts' Authority to Impose Civil Contempt Sanctions Affirmed in In Re _Skinner_ Introduction The case of In Re Stephen Wayne Skinner and Marlene McCausland Skinner, Debtors v. Mountain...

Confidentiality of Amnesty Applications in Criminal Prosecutions: United States v. Hernandez

Date: Oct 19, 1990

Confidentiality of Amnesty Applications in Criminal Prosecutions: United States v. Hernandez Introduction United States of America v. Zenon Hernandez is a landmark case adjudicated in the United...

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