10th Circuit Case Commentaries

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...

Qualified Immunity and Material Omissions in Arrest Affidavits: Insights from Salmon v. Schwarz & Gonzalez

Date: Nov 1, 1991

Qualified Immunity and Material Omissions in Arrest Affidavits: Insights from Salmon v. Schwarz & Gonzalez Introduction Parties Involved: Plaintiffs-Appellees: Margarito Salmon, Magdalena Salmon,...

Affirmation of Conviction and Mandatory Minimum Sentencing in United States v. Short

Date: Nov 1, 1991

Affirmation of Conviction and Mandatory Minimum Sentencing in United States v. Short (947 F.2d 1445) Introduction United States v. Short is a significant case adjudicated by the United States Court...

Affirmation of Procedural Default and Abuse of the Writ in Habeas Corpus Petition: William Andrews v. Gary DeLand et al.

Date: Nov 1, 1991

Affirmation of Procedural Default and Abuse of the Writ in Habeas Corpus Petition: William Andrews v. Gary DeLand et al. Introduction In the landmark case of William Andrews v. Gary DeLand, Director...

Denial of Judicial Access Under 42 U.S.C. § 1983: Comprehensive Analysis of Stump v. Gates

Date: Nov 1, 1991

Denial of Judicial Access Under 42 U.S.C. § 1983: Comprehensive Analysis of Stump v. Gates Introduction In the landmark case Sara Stump and Andrew M. Ocrant v. Daryl G. Gates, decided on October 31,...

Pre-Petition Tax Refunds as Bankruptcy Estate Property: Analysis of In Re Barowsky et al. v Serelson

Date: Oct 25, 1991

Pre-Petition Tax Refunds as Bankruptcy Estate Property: Analysis of In Re Barowsky et al. v Serelson Introduction The case of In Re Barowsky et al. v Serelson addresses a pivotal issue in bankruptcy...

Affirmation of Consent Validity and Waiver of Unlawful Detention in Traffic Stop Searches

Date: Oct 16, 1991

Affirmation of Consent Validity and Waiver of Unlawful Detention in Traffic Stop Searches Introduction The case of United States of America v. Kevin Wesly Dewitt, True Name, Kenneth Odell Rison (946...

Confirming the Traditional Test for Lesser Included Offenses and Upholding Conspiracy Convictions: United States v. Horn

Date: Oct 10, 1991

Confirming the Traditional Test for Lesser Included Offenses and Upholding Conspiracy Convictions: United States v. Horn Introduction In the landmark case of United States of America v. Ronnie Horn,...

Default Judgment Standards and Due Process in In Re Bill W. Rains

Date: Oct 8, 1991

Default Judgment Standards and Due Process in In Re Bill W. Rains Introduction The case of In Re Bill W. Rains, also known as Billy Wayne Rains, deliberated on the propriety of a default judgment...

Combined Evaluation of Nonexertional Impairments in Social Security Disability Claims: Hargis v. Sullivan

Date: Oct 5, 1991

Combined Evaluation of Nonexertional Impairments in Social Security Disability Claims: Hargis v. Sullivan Introduction In Donald G. Hargis v. Louis W. Sullivan, 945 F.2d 1482 (10th Cir. 1991), the...

Affirmation of 'Law of the Case' Doctrine: Binding Appellate Decisions on Remand in Criminal Proceedings – United States v. Monsisvais

Date: Oct 4, 1991

Affirmation of 'Law of the Case' Doctrine: Binding Appellate Decisions on Remand in Criminal Proceedings – United States v. Monsisvais Introduction United States v. Heriberto Fernandez Monsisvais,...

Mandamus Relief in Class Actions: Insights from McNeil v. Guthrie

Date: Sep 26, 1991

Mandamus Relief in Class Actions: Insights from McNeil v. Guthrie Introduction The case of Michael Douglas McNeil v. William B. Guthrie, decided by the United States Court of Appeals for the Tenth...

Affirmation of First-Degree Murder Convictions: Malice Aforethought and Felony Murder under 18 U.S.C. §1111

Date: Sep 25, 1991

Affirmation of First-Degree Murder Convictions: Malice Aforethought and Felony Murder under 18 U.S.C. §1111 Introduction The case of United States of America v. Eugene Mervin Sides, 944 F.2d 1554...

ERISA Preemption and Third-Party Promissory Estoppel Claims: Insights from Hospice of Metro Denver, Inc. v. Group Health Insurance of Oklahoma, Inc.

Date: Sep 11, 1991

ERISA Preemption and Third-Party Promissory Estoppel Claims: Insights from Hospice of Metro Denver, Inc. v. Group Health Insurance of Oklahoma, Inc. Introduction The case of Hospice of Metro Denver,...

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