10th Circuit Case Commentaries

Effective Assistance of Counsel and Presentence Report Procedures in Rantz v. United States

Date: Dec 7, 1988

Effective Assistance of Counsel and Presentence Report Procedures in Rantz v. United States Introduction In the landmark case of United States of America v. Bobby Gene Rantz, 862 F.2d 808 (10th Cir....

Wheeler v. John Deere: Admissibility of Similar Accidents and Design Changes in Products Liability

Date: Dec 3, 1988

Wheeler v. John Deere: Admissibility of Similar Accidents and Design Changes in Products Liability Introduction In the case of Stephen Brent Wheeler v. John Deere Company, the United States Court of...

General Allegations of Fraud Do Not Void Contractual Jury Waivers: Telum, Inc. v. E.F. Hutton Credit Corporation

Date: Nov 26, 1988

General Allegations of Fraud Do Not Void Contractual Jury Waivers: Telum, Inc. v. E.F. Hutton Credit Corporation Introduction In the case of Telum, Inc., a Nebraska Corporation, Earl K. Cook and Carl...

Effective Counsel in Capital Sentencing: Osborn v. Shillinger Commentary

Date: Nov 8, 1988

Effective Counsel in Capital Sentencing: Osborn v. Shillinger Commentary Introduction Osborn v. Shillinger, 861 F.2d 612 (10th Cir. 1988), is a pivotal case in the realm of criminal law, particularly...

Jury Verdicts Under §1981 and Their Binding Effect on Title VII Claims: A Comprehensive Analysis of Skinner v. Total Petroleum

Date: Oct 15, 1988

Jury Verdicts Under §1981 and Their Binding Effect on Title VII Claims: A Comprehensive Analysis of Skinner v. Total Petroleum Introduction The case of Dennis Skinner v. Total Petroleum, Inc. (859...

Complete Diversity and Unincorporated Associations: Insights from Tucks v. USAA

Date: Oct 15, 1988

Complete Diversity and Unincorporated Associations: Insights from Tucks v. USAA Introduction The case of Leroy Tuck, Dorothy Tuck, et al. v. United Services Automobile Association (USAA) presents a...

Equitable Tolling in Age Discrimination Claims: Gray v. Phillips Petroleum Co. Analysis

Date: Oct 1, 1988

Equitable Tolling in Age Discrimination Claims: Gray v. Phillips Petroleum Co. Analysis Introduction The case Robert L. Gray et al. v. Phillips Petroleum Company, adjudicated by the United States...

Affirmation of Dismissal for Lack of Prosecution in Federal Tort Claims Act Cases

Date: Sep 30, 1988

Affirmation of Dismissal for Lack of Prosecution in Federal Tort Claims Act Cases Carl E. Bills v. The United States of America, 857 F.2d 1404 (10th Cir. 1988) Introduction The case of Carl E. Bills,...

Affirmation of Business Judgment Protections in ADEA Age Discrimination Claims

Date: Sep 28, 1988

Affirmation of Business Judgment Protections in ADEA Age Discrimination Claims Introduction The case WILLIAM LUCAS, JIM HOUSE, JOHN THOMASON, AND HOWARD McCULLY v. DOVER CORPORATION, NORRIS DIVISION...

Equal Protection and Police Protection in Domestic Violence Cases: Watson v. City of Kansas City, K.S.

Date: Sep 15, 1988

Equal Protection and Police Protection in Domestic Violence Cases: Watson v. City of Kansas City, Kansas Introduction Watson v. City of Kansas City, Kansas is a seminal case adjudicated by the United...

Criteria for Petitioning Creditors in Involuntary Bankruptcy: Bartmann v. Maverick Tube Corp.

Date: Sep 3, 1988

Criteria for Petitioning Creditors in Involuntary Bankruptcy: Bartmann v. Maverick Tube Corp. Introduction The case of William R. Bartmann v. Maverick Tube Corporation and Nucorp Supply, Inc.,...

Balancing R.S. 2477 Rights-of-Way with FLPMA and NEPA Obligations: Comprehensive Analysis in Sierra Club v. Hodel

Date: Sep 1, 1988

Balancing R.S. 2477 Rights-of-Way with FLPMA and NEPA Obligations: Comprehensive Analysis in Sierra Club v. Hodel Introduction In Sierra Club, A Non-Profit Corporation v. Donald P. Hodel, et al., the...

Clarifying the One Satisfaction Rule and Assignment Clauses in Securities Fraud: U.S. Industries v. Touche Ross

Date: Aug 23, 1988

Clarifying the One Satisfaction Rule and Assignment Clauses in Securities Fraud: U.S. Industries v. Touche Ross Introduction The case U.S. Industries, Inc. v. Touche Ross Co., decided by the United...

Waiver of Sovereign Immunity Under the EAJA and Standards for Rule 11 Sanctions: Insights from Adamson v. Bowen

Date: Aug 16, 1988

Waiver of Sovereign Immunity Under the EAJA and Standards for Rule 11 Sanctions: Insights from Adamson v. Bowen Introduction The case of Gerald K. Adamson v. Otis R. Bowen, M.D., Secretary of Health...

Qualified Immunity and Summary Judgment: Insights from Jones v. City and County of Denver

Date: Aug 13, 1988

Qualified Immunity and Summary Judgment: Insights from Jones v. City and County of Denver Introduction The case of Charles F. Jones, Jr. v. City and County of Denver, decided by the United States...

Affirmation of Mercy Hospital’s Dismissal of Antitrust Claims: A Comprehensive Analysis of McKenzie v. Mercy Hospital

Date: Aug 11, 1988

Affirmation of Mercy Hospital’s Dismissal of Antitrust Claims: A Comprehensive Analysis of McKenzie v. Mercy Hospital Introduction The case of Steve L. McKenzie, D.O., Plaintiff-Appellant versus...

Fed.R.Evid. 702 Restricts Expert Testimony from Defining Legal Standards - SPECHT v. JENSEN

Date: Aug 4, 1988

Fed.R.Evid. 702 Restricts Expert Testimony from Defining Legal Standards - SPECHT v. JENSEN Introduction SPECHT v. JENSEN is a pivotal case decided by the United States Court of Appeals for the Tenth...

Protected Speech in Public Employment: Conaway v. City of Kansas City

Date: Aug 3, 1988

Protected Speech in Public Employment: Conaway v. City of Kansas City Introduction Clyde Conaway v. Edward C. Smith et al., 853 F.2d 789 (10th Cir. 1988), is a pivotal case addressing the...

Establishing Administrative Expense Priority for Earned Bonuses in Bankruptcy Proceedings: In Re Amarex, Inc.

Date: Jul 30, 1988

Establishing Administrative Expense Priority for Earned Bonuses in Bankruptcy Proceedings: In Re Amarex, Inc. Introduction In Re Amarex, Inc., Debtor. Robert O. Isaac, Appellee, v. Temex Energy,...

Establishing the Limits of Rule 15(c) FRCP in Extending Statute of Limitations: Insights from Anderson v. Deere Co.

Date: Jul 27, 1988

Establishing the Limits of Rule 15(c) FRCP in Extending Statute of Limitations: Insights from Anderson v. Deere Co. Introduction The case of Warren L. Anderson and Ruby Anderson v. Deere Co., John...

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