10th Circuit Case Commentaries

Deemed Acceptance of Bankruptcy Plan by Non-Voting, Non-Objecting Creditors

Date: Jan 9, 1988

Deemed Acceptance of Bankruptcy Plan by Non-Voting, Non-Objecting Creditors Introduction The case In re Ruti-Sweetwater, Inc. (836 F.2d 1263) adjudicated by the United States Court of Appeals for the...

Federal Res Judicata Governs Claim Preclusion in Successive Diversity Actions: Petromanagement Corp. v. Acme-Thomas JV

Date: Jan 7, 1988

Federal Res Judicata Governs Claim Preclusion in Successive Diversity Actions: Petromanagement Corp. v. Acme-Thomas JV Introduction The case of The Petromanagement Corporation v. Acme-Thomas Joint...

Establishing Mens Rea in Federal Sexual Exploitation Cases: Commentary on UNITED STATES OF AMERICA v. William and Linda Esch

Date: Jan 5, 1988

Establishing Mens Rea in Federal Sexual Exploitation Cases Commentary on UNITED STATES OF AMERICA v. William and Linda Esch, 832 F.2d 531 (10th Cir. 1987) Introduction United States of America v....

Attorney vs. Client Fault in Default Judgments: Insights from M.E.N. Co. v. Control Fluidics

Date: Dec 4, 1987

Attorney vs. Client Fault in Default Judgments: Insights from M.E.N. Co. v. Control Fluidics Introduction The case of M.E.N. Co., a Joint Venture, et al. v. Control Fluidics, Inc., et al. (834 F.2d...

Dismissal for Failure to Comply with Pretrial Orders: Smith v. United States

Date: Dec 3, 1987

Dismissal for Failure to Comply with Pretrial Orders: Smith v. United States Introduction In the case of James L. Smith v. United States of America, adjudicated by the United States Court of Appeals...

Quantum Meruit and Attorney's Fees under the Miller Act: Comprehensive Analysis of Sanchez, CJC, and Hugg v. Western States Mechanical Contractors

Date: Dec 1, 1987

Quantum Meruit and Attorney's Fees under the Miller Act: Comprehensive Analysis of Sanchez, CJC, and Hugg v. Western States Mechanical Contractors Introduction The case of United States of America,...

Hicks v. Gates Rubber Co.: Expanding the Scope of Hostile Work Environment Under Title VII

Date: Nov 26, 1987

Hicks v. Gates Rubber Co.: Expanding the Scope of Hostile Work Environment Under Title VII Introduction In Hicks v. Gates Rubber Company (833 F.2d 1406, 10th Cir. 1987), Marguerite Hicks, a Black...

Reversal of Invalidity: Tenth Circuit Upholds SSA's Objective Evidence Standards for Pain in Disability Claims

Date: Nov 25, 1987

Reversal of Invalidity: Tenth Circuit Upholds SSA's Objective Evidence Standards for Pain in Disability Claims Introduction In the landmark case of Magdalena G. Luna, James L. Hambley, and Ronald G....

Sanctions for Frivolous Appeals: Insights from Braley v. Campbell

Date: Nov 10, 1987

Sanctions for Frivolous Appeals: Insights from Braley v. Campbell, 832 F.2d 1504 (10th Cir. 1987) Introduction The case of Jack A. Braley, D.O. v. Garland Campbell, M.D. et al., heard by the United...

Trade Dress and Functionality: Tenth Circuit Clarifies Lanham Act Standards in Brunswick v. Spinit

Date: Oct 16, 1987

Trade Dress and Functionality: Tenth Circuit Clarifies Lanham Act Standards in Brunswick v. Spinit Introduction In the landmark case of Brunswick Corporation v. Spinit Reel Company, the United States...

Procedural Safeguards in In Forma Pauperis §1983 Actions: Insights from Gee v. Estes

Date: Sep 29, 1987

Procedural Safeguards in In Forma Pauperis §1983 Actions: Insights from Gee v. Estes Introduction Donald Gee, a federal prisoner acting pro se and proceeding in forma pauperis, initiated a civil...

Establishing the Continuing Violation Theory under the Age Discrimination in Employment Act: Bruno v. Western Electric Co.

Date: Sep 19, 1987

Establishing the Continuing Violation Theory under the Age Discrimination in Employment Act: Bruno v. Western Electric Co. Introduction In Bruno v. Western Electric Co., 829 F.2d 957 (10th Cir....

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10th Circuit Case Commentaries

Deemed Acceptance of Bankruptcy Plan by Non-Voting, Non-Objecting Creditors

Federal Res Judicata Governs Claim Preclusion in Successive Diversity Actions: Petromanagement Corp. v. Acme-Thomas JV

Establishing Mens Rea in Federal Sexual Exploitation Cases: Commentary on UNITED STATES OF AMERICA v. William and Linda Esch

Attorney vs. Client Fault in Default Judgments: Insights from M.E.N. Co. v. Control Fluidics

Dismissal for Failure to Comply with Pretrial Orders: Smith v. United States

Quantum Meruit and Attorney's Fees under the Miller Act: Comprehensive Analysis of Sanchez, CJC, and Hugg v. Western States Mechanical Contractors

Hicks v. Gates Rubber Co.: Expanding the Scope of Hostile Work Environment Under Title VII

Reversal of Invalidity: Tenth Circuit Upholds SSA's Objective Evidence Standards for Pain in Disability Claims

Sanctions for Frivolous Appeals: Insights from Braley v. Campbell

Trade Dress and Functionality: Tenth Circuit Clarifies Lanham Act Standards in Brunswick v. Spinit

Procedural Safeguards in In Forma Pauperis §1983 Actions: Insights from Gee v. Estes

Establishing the Continuing Violation Theory under the Age Discrimination in Employment Act: Bruno v. Western Electric Co.

Parody and Trademark Confusion: Jordache Enterprises, Inc. v. Hogg Wyld, Ltd. Analysis

Habeas Corpus Actions Excluded from EAJA's Civil Actions: EWING v. RODGERS Commentary

Waiver of Statutory Rights under the Interstate Agreement on Detainers Act: Insights from Yellen v. Cooper

Abuse of Discretion in Denial of Continuance: United States v. West

Appellate Jurisdiction Over Arbitration Stay Orders: Quinn v. CGR

Collateral Estoppel Limitations in Subrogation Actions: Federal Insurance Co. v. Gates Learjet Corp.

Newcomb v. Ingle: Establishing a Two-Year Statute of Limitations for §1983 and §2520 Claims in Kansas

Kitchens v. Bryan County National Bank: Establishing Standards for Malicious Prosecution and Service of Process