10th Circuit Case Commentaries

Heightened Standards for Preliminary Injunctions in Cases Altering Status Quo: SCFC ILC v. Visa USA

Date: Jun 19, 1991

Heightened Standards for Preliminary Injunctions in Cases Altering Status Quo: SCFC ILC v. Visa USA Introduction The case of SCFC ILC, Inc. DBA MountainWest Financial, Inc. v. Visa USA, Inc.,...

Affirmation of Superintending Control Authority in Russillo v. Scarborough

Date: Jun 19, 1991

Affirmation of Superintending Control Authority in Russillo v. Scarborough Introduction Russillo v. Scarborough, 935 F.2d 1167 (10th Cir. 1991), is a significant appellate decision that examines the...

John Deere Titan Series Combine Liability: Insights from WHEELER v. JOHN DEERE COmpany

Date: Jun 18, 1991

John Deere Titan Series Combine Liability: Insights from WHEELER v. JOHN DEERE COmpany Introduction WHEELER v. JOHN DEERE COmpany, 935 F.2d 1090 (10th Cir. 1991), is a pivotal case that addresses the...

Establishing Rule 11 Sanctions for Mixed Claims: Insights from Dodd v. Royal Insurance Services

Date: Jun 12, 1991

Establishing Rule 11 Sanctions for Mixed Claims: Insights from Dodd Insurance Services, Inc. v. Royal Insurance Company of America Introduction In Dodd Insurance Services, Inc. and Tom Dodd, Jr. v....

ERISA’s Discretion on Benefit Distribution: Upholding Administrator Decisions in Woolsey v. Marion Laboratories

Date: Jun 5, 1991

ERISA’s Discretion on Benefit Distribution: Upholding Administrator Decisions in Woolsey v. Marion Laboratories Introduction Woolsey v. Marion Laboratories, Inc. is a pivotal case that examines the...

Affirming the Broad Scope of the Discretionary Function Exception under the FTCA: Redmon v. United States

Date: Jun 4, 1991

Affirming the Broad Scope of the Discretionary Function Exception under the FTCA: Redmon v. United States Introduction In Randall Wayne Redmon v. United States of America, reported in 934 F.2d 1151,...

Freedoms in Correctional Facilities: Hall v. Bellmon Establishes Boundaries on Religious Rights

Date: Jun 4, 1991

Freedoms in Correctional Facilities: Hall v. Bellmon Establishes Boundaries on Religious Rights Introduction The case of Kenneth E. Hall, Jr. v. Henry Bellmon et al. serves as a pivotal judicial...

Admissibility of Expert Profile Evidence and Juror Communications in Drug Trafficking Cases: Insights from United States v. McDonald

Date: Jun 1, 1991

Admissibility of Expert Profile Evidence and Juror Communications in Drug Trafficking Cases: Insights from United States v. McDonald Introduction The case of United States of America v. Larry M....

Limited Judicial Review Standard for Conservator Appointments under FIRREA Established in Franklin Savings v. OTS

Date: May 29, 1991

Limited Judicial Review Standard for Conservator Appointments under FIRREA Established in Franklin Savings v. OTS Introduction Franklin Savings Association v. Director, Office of Thrift Supervision...

Strict Compliance with the National Contingency Plan as a Prerequisite for CERCLA Cost Recovery: Analysis of County Line Investment Co. v. Tinney

Date: May 25, 1991

Strict Compliance with the National Contingency Plan as a Prerequisite for CERCLA Cost Recovery: Analysis of County Line Investment Co. v. Tinney Introduction County Line Investment Company and Wagco...

Federal Firearm Prohibitions and Expunged State Convictions: Insights from United States v. Cox

Date: May 25, 1991

Federal Firearm Prohibitions and Expunged State Convictions: Insights from United States v. Cox Introduction United States of America v. Richard Bruce Cox is a pivotal case adjudicated by the United...

Boren v. Southwestern Bell: Defining 'Participant' Under ERISA

Date: May 21, 1991

Boren v. Southwestern Bell: Defining 'Participant' Under ERISA 1. Introduction The case of Boren v. Southwestern Bell Telephone Company (933 F.2d 891, 10th Cir. 1991) addresses critical issues...

Tenth Circuit Limits Municipal Liability under 42 U.S.C. §1983 for Individual Officers’ Misconduct

Date: May 8, 1991

Tenth Circuit Limits Municipal Liability under 42 U.S.C. §1983 for Individual Officers’ Misconduct Introduction The case Ricky Houston v. Allen Reich, Harold Dean McHam, The Excise Board of Choctaw...

Affirmed: Non-Discriminatory Practices in Daemi v. Church's Fried Chicken Under Title VII and §1981

Date: Apr 24, 1991

Affirmed: Non-Discriminatory Practices in Daemi v. Church's Fried Chicken Under Title VII and §1981 Introduction The case Ali Daemi v. Church's Fried Chicken, Inc., heard by the United States Court...

Evaluating Peremptory Challenge Practices Under Batson: A Comprehensive Analysis of United States v. Esparsen et al.

Date: Apr 19, 1991

Evaluating Peremptory Challenge Practices Under Batson: A Comprehensive Analysis of United States v. Esparsen et al. Introduction In the landmark case of United States of America v. Esparsen et al.,...

Pena v. United States: Establishing Limits on Prosecutorial Remarks and Sentencing Departures

Date: Apr 19, 1991

Pena v. United States: Establishing Limits on Prosecutorial Remarks and Sentencing Departures Introduction Pena v. United States, 930 F.2d 1486 (10th Cir. 1991), is a seminal case that addresses...

Reaffirmation of Strict Diversity Jurisdiction for Limited Partnerships: Insights from PENTECO v. Union Gas Systems

Date: Apr 16, 1991

Reaffirmation of Strict Diversity Jurisdiction for Limited Partnerships: Insights from PENTECO v. Union Gas Systems Introduction The case PENTECO CORPORATION LIMITED PARTNERSHIP — 1985A v. UNION GAS...

Preservation of Claims in Amended Complaints: Overruling Waiver Precedents in Davis v. TXO Production Corp.

Date: Apr 12, 1991

Preservation of Claims in Amended Complaints: Overruling Waiver Precedents in Davis v. TXO Production Corp. 1. Introduction The case of William H. Davis v. TXO Production Corp. addresses pivotal...

Franchise Operations and Employer Liability: Evans v. McDonald's Corporation

Date: Apr 10, 1991

Franchise Operations and Employer Liability: Evans v. McDonald's Corporation Introduction The case of Johnnie L. Evans v. McDonald's Corporation addresses critical questions surrounding...

United States v. Kelley: Affirmation of Bank and Mail Fraud Convictions and Reversal of Restitution Order

Date: Apr 9, 1991

United States v. Kelley: Affirmation of Bank and Mail Fraud Convictions and Reversal of Restitution Order Introduction United States v. Marilyn Kay Kelley is a landmark case decided by the United...

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