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  • Commentaries
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10th Circuit Case Commentaries

Agency Liability and Evidentiary Standards in Tort Litigation: Insights from Bradbury v. Phillips Petroleum Company

Agency Liability and Evidentiary Standards in Tort Litigation: Insights from Bradbury v. Phillips Petroleum Company

Date: Apr 8, 1987
Agency Liability and Evidentiary Standards in Tort Litigation: Insights from Bradbury v. Phillips Petroleum Company Introduction The case of Alan Bradbury and Thom Panunzio v. Phillips Petroleum...
Affirmation of District Court's Authority to Lift Automatic Stay Under 11 U.S.C. § 362 in Context of State Court Proceedings

Affirmation of District Court's Authority to Lift Automatic Stay Under 11 U.S.C. § 362 in Context of State Court Proceedings

Date: Mar 28, 1987
Affirmation of District Court's Authority to Lift Automatic Stay Under 11 U.S.C. § 362 in Context of State Court Proceedings Introduction The case of Charles Pursifull, Trustee in Bankruptcy v. Jimmy...
Substantial Evidence and the Weight of Treating Physicians' Testimony: Tenth Circuit Reverses SSA Disability Denial in Talbot v. Heckler

Substantial Evidence and the Weight of Treating Physicians' Testimony: Tenth Circuit Reverses SSA Disability Denial in Talbot v. Heckler

Date: Mar 17, 1987
Substantial Evidence and the Weight of Treating Physicians' Testimony: Tenth Circuit Reverses SSA Disability Denial in Talbot v. Heckler Introduction In the landmark appellate case Harley T. Talbot...
In Re: United States of America v. Phillip Troutman - Establishing Standards for Prosecutorial Conflict of Interest

In Re: United States of America v. Phillip Troutman - Establishing Standards for Prosecutorial Conflict of Interest

Date: Mar 14, 1987
In Re: United States of America v. Phillip Troutman - Establishing Standards for Prosecutorial Conflict of Interest Introduction The case of United States of America v. Phillip Troutman (814 F.2d...
Enhancing Fourth Amendment Protections: Insights from Ryder v. City of Topeka

Enhancing Fourth Amendment Protections: Insights from Ryder v. City of Topeka

Date: Mar 7, 1987
Enhancing Fourth Amendment Protections: Insights from Ryder v. City of Topeka Introduction In the landmark case Candi Ryder v. The City of Topeka and Michael Meyer (814 F.2d 1412, 10th Cir. 1987),...
Implied Covenant of Good Faith in Lease Agreements: Dayton Hudson Corp. v. Macerich Real Estate Co.

Implied Covenant of Good Faith in Lease Agreements: Dayton Hudson Corp. v. Macerich Real Estate Co.

Date: Mar 5, 1987
Implied Covenant of Good Faith in Lease Agreements: Dayton Hudson Corp. v. Macerich Real Estate Co. Introduction The case of Dayton Hudson Corporation, a Minnesota Corporation, Fred Monsour, Trustee...
Racial Discrimination in Peremptory Challenges and Double Jeopardy in Consecutive Sentencing – USA v. Chalan, Jr. (812 F.2d 1302)

Racial Discrimination in Peremptory Challenges and Double Jeopardy in Consecutive Sentencing – USA v. Chalan, Jr. (812 F.2d 1302)

Date: Mar 4, 1987
Racial Discrimination in Peremptory Challenges and Double Jeopardy in Consecutive Sentencing – United States of America v. Daniel Chalan, Jr. (812 F.2d 1302) Introduction United States of America v....
Affirmation of Legitimate, Nondiscriminatory Reasons in Title VII Discrimination Cases: Carey v. USPS

Affirmation of Legitimate, Nondiscriminatory Reasons in Title VII Discrimination Cases: Carey v. USPS

Date: Feb 24, 1987
Affirmation of Legitimate, Nondiscriminatory Reasons in Title VII Discrimination Cases: Carey v. USPS Introduction The case of David W. Carey v. United States Postal Service, decided by the United...
Exemption of Professional Services in Government Contract Bidding: Curtis Ambulance v. Shawnee County

Exemption of Professional Services in Government Contract Bidding: Curtis Ambulance v. Shawnee County

Date: Feb 19, 1987
Exemption of Professional Services in Government Contract Bidding: Curtis Ambulance v. Shawnee County Introduction Curtis Ambulance of Florida, Inc. v. Board of County Commissioners of Shawnee...
Dixon v. Heckler: Critical Examination of Literacy Determination in SSI Benefit Eligibility

Dixon v. Heckler: Critical Examination of Literacy Determination in SSI Benefit Eligibility

Date: Feb 3, 1987
Dixon v. Heckler: Critical Examination of Literacy Determination in SSI Benefit Eligibility Introduction Dixon v. Heckler, 811 F.2d 506 (10th Cir. 1987), is a pivotal case that addresses the...
Affirmation of Personal Jurisdiction Limits in Ten Mile Industrial Park Cases

Affirmation of Personal Jurisdiction Limits in Ten Mile Industrial Park Cases

Date: Feb 3, 1987
Affirmation of Personal Jurisdiction Limits in Ten Mile Industrial Park Cases Introduction The cases of Ten Mile Industrial Park, Property Owners Association, Inc. et al. v. Western Plains Service...
Enforcing Arbitration Awards under the Federal Arbitration Act: Insights from Foster v. Turley

Enforcing Arbitration Awards under the Federal Arbitration Act: Insights from Foster v. Turley

Date: Dec 25, 1986
Enforcing Arbitration Awards under the Federal Arbitration Act: Insights from Foster v. Turley Introduction The case of John M. Foster v. C.F. Turley, Jr., adjudicated by the United States Court of...
Redefining Support Obligations in Bankruptcy: A Comprehensive Analysis of In Re Brian Tibbetts Yeates

Redefining Support Obligations in Bankruptcy: A Comprehensive Analysis of In Re Brian Tibbetts Yeates

Date: Dec 20, 1986
Redefining Support Obligations in Bankruptcy: A Comprehensive Analysis of In Re Brian Tibbetts Yeates Introduction The case of In Re Brian Tibbetts Yeates, Debtor versus Paulette B. Yeates,...
Affirmation of Partial Supersedeas Bond Under Rule 62(d): Insights from Miami International Realty Co. v. Paynter

Affirmation of Partial Supersedeas Bond Under Rule 62(d): Insights from Miami International Realty Co. v. Paynter

Date: Dec 20, 1986
Affirmation of Partial Supersedeas Bond Under Rule 62(d): Insights from Miami International Realty Co. v. Paynter Introduction The landmark case of Miami International Realty Co. v. Richard Paynter...
Establishing Likelihood of Confusion: The Tenth Circuit's Ruling in BEER NUTS, INC. v. CLOVER CLUB FOODS COmpany

Establishing Likelihood of Confusion: The Tenth Circuit's Ruling in BEER NUTS, INC. v. CLOVER CLUB FOODS COmpany

Date: Nov 21, 1986
Establishing Likelihood of Confusion: The Tenth Circuit's Ruling in BEER NUTS, INC. v. CLOVER CLUB FOODS COmpany Introduction The case of BEER NUTS, INC. v. CLOVER CLUB FOODS COmpany, decided by the...
Preservation of REA Program Viability through Preliminary Injunction: Tri-State v. Shoshone

Preservation of REA Program Viability through Preliminary Injunction: Tri-State v. Shoshone

Date: Nov 14, 1986
Preservation of REA Program Viability through Preliminary Injunction: Tri-State Generation and Transmission Association, Inc. v. Shoshone River Power, Inc. Introduction The case Tri-State Generation...
Fiduciary Duty Essential for Rule 10b-5 Securities Fraud Claims: Windon Third Oil and Gas Drilling Partnership v. FDIC

Fiduciary Duty Essential for Rule 10b-5 Securities Fraud Claims: Windon Third Oil and Gas Drilling Partnership v. FDIC

Date: Nov 11, 1986
Fiduciary Duty Essential for Rule 10b-5 Securities Fraud Claims: Windon Third Oil and Gas Drilling Partnership v. Federal Deposit Insurance Corporation Introduction The case of Windon Third Oil and...
Affirmation of Conspiracy Conviction in United States v. Ortiz: Reinforcing Standards for Entrapment Defense

Affirmation of Conspiracy Conviction in United States v. Ortiz: Reinforcing Standards for Entrapment Defense

Date: Nov 6, 1986
Affirmation of Conspiracy Conviction in United States v. Ortiz: Reinforcing Standards for Entrapment Defense Introduction The case of United States of America v. Arthur Ortiz (804 F.2d 1161)...
Tenth Circuit Reinforces Substantial Evidence Standard and EAJA Fee Eligibility in Disability Claims

Tenth Circuit Reinforces Substantial Evidence Standard and EAJA Fee Eligibility in Disability Claims

Date: Oct 15, 1986
Tenth Circuit Reinforces Substantial Evidence Standard and EAJA Fee Eligibility in Disability Claims Introduction In the landmark case of George R. Weakley v. Otis R. Bowen, M.D., decided on October...
Limitations on Diversity and Federal Question Jurisdictions in Wrongful Death Actions: Insights from Martinez v. USOC

Limitations on Diversity and Federal Question Jurisdictions in Wrongful Death Actions: Insights from Martinez v. USOC

Date: Oct 7, 1986
Limitations on Diversity and Federal Question Jurisdictions in Wrongful Death Actions: Insights from Martinez v. USOC Introduction Martinez v. United States Olympic Committee, 802 F.2d 1275 (10th...
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