10th Circuit Case Commentaries

Jury Selection Standards and Effective Counsel in Capital Cases: An Analysis of COLEMAN v. BROWN

Date: Oct 1, 1986

Jury Selection Standards and Effective Counsel in Capital Cases: An Analysis of COLEMAN v. BROWN Introduction The case of Charles Troy Coleman v. John N. Brown, decided by the United States Court of...

Tenth Circuit Affirms Rule 9(b) Particularity Requirement in Securities Fraud Counterclaims

Date: Sep 9, 1986

Tenth Circuit Affirms Rule 9(b) Particularity Requirement in Securities Fraud Counterclaims Introduction The case of Seattle-First National Bank v. Carlstedt et al. (800 F.2d 1008) presents a pivotal...

Caldo Mares v. Credit Bureau of Raton: Refining Standards for Awarding Attorneys’ Fees Under Consumer Protection Acts

Date: Sep 9, 1986

Caldo Mares v. Credit Bureau of Raton: Refining Standards for Awarding Attorneys’ Fees Under Consumer Protection Acts Introduction Caldo Mares and Sally Mares, His Wife, Plaintiffs-Appellants v....

Clarifying the 'Clearly Erroneous' Standard in Bankruptcy Appeals: In Re Branding Iron Motel, Inc.

Date: Aug 27, 1986

Clarifying the 'Clearly Erroneous' Standard in Bankruptcy Appeals: In Re Branding Iron Motel, Inc. Introduction In Re Branding Iron Motel, Inc., a case adjudicated by the United States Court of...

Affirmation of Conspiracy Conviction in United States v. Raul Reyes: Establishing Standards for Co-Conspirator Testimony

Date: Jul 30, 1986

Affirmation of Conspiracy Conviction in United States v. Raul Reyes: Establishing Standards for Co-Conspirator Testimony Introduction In United States of America v. Raul Reyes, 798 F.2d 380 (10th...

Establishing Due Process in Medicare Reimbursement Exclusions: Koerpel v. Heckler

Date: Jul 24, 1986

Establishing Due Process in Medicare Reimbursement Exclusions: Koerpel v. Heckler 1. Introduction The case of Barry J. Koerpel, M.D., Plaintiff-Appellant v. Margaret M. Heckler, Secretary of Health...

Scope of Employment in Federal Torts: Nichols v. United States Establishes Critical Precedent

Date: Jul 19, 1986

Scope of Employment in Federal Torts: Nichols v. United States Establishes Critical Precedent Introduction The case of Randol Nichols v. United States of America, decided by the United States Court...

FRANKS v. NIMMO: Affirming Probationary Termination Procedures and Limiting Constitutional Claims in VA Employment

Date: Jul 8, 1986

FRANKS v. NIMMO: Affirming Probationary Termination Procedures and Limiting Constitutional Claims in VA Employment Introduction FRANKS v. NIMMO, 796 F.2d 1230 (10th Cir. 1986), is a pivotal case...

Bowen v. Maynard: Affirming Prosecutorial Duty to Disclose Exculpatory Evidence under Brady

Date: Jun 26, 1986

Bowen v. Maynard: Affirming Prosecutorial Duty to Disclose Exculpatory Evidence under Brady Introduction Bowen v. Maynard is a landmark case decided by the United States Court of Appeals for the...

Constructive Discharge and Title VII: Insights from the Tenth Circuit in Gail Derr v. Gulf Oil Corporation

Date: Jun 26, 1986

Constructive Discharge and Title VII: Insights from the Tenth Circuit in Gail Derr v. Gulf Oil Corporation Introduction The case of Gail Derr v. Gulf Oil Corporation addresses critical issues...

Limits on Sua Sponte Dismissal for Lack of Personal Jurisdiction: Williams v. Life Savings and Loan

Date: Jun 24, 1986

Limits on Sua Sponte Dismissal for Lack of Personal Jurisdiction: Williams v. Life Savings and Loan Introduction Pamela Williams v. Life Savings and Loan, adjudicated by the United States Court of...

Program Specificity and State Action in Employment Discrimination: Analysis of Niehaus & Neumann v. Kansas Bar Association

Date: Jun 14, 1986

Program Specificity and State Action in Employment Discrimination: Analysis of Niehaus & Neumann v. Kansas Bar Association Introduction The case of Jane Niehaus and Joyce Neumann v. Kansas Bar...

Limiting Res Judicata in Federal §1983 Actions: Insights from Morgan v. City of Rawlins and DeHerrera

Date: Jun 4, 1986

Limiting Res Judicata in Federal §1983 Actions: Insights from Morgan v. City of Rawlins and DeHerrera Introduction In the landmark case of Morgan v. City of Rawlins and Abe DeHerrera, 792 F.2d 975...

Prevailing Party Determination under 42 U.S.C. § 1988: Analysis of SUPRE v. RICKETTS

Date: Jun 3, 1986

Prevailing Party Determination under 42 U.S.C. § 1988: Analysis of SUPRE v. RICKETTS Introduction SUPRE v. RICKETTS, 792 F.2d 958 (10th Cir. 1986), is a landmark case addressing the standards for...

Affirmation of Judicial Immunity in Frivolous Litigation: Van Sickle v. Tenth Circuit

Date: May 29, 1986

Affirmation of Judicial Immunity in Frivolous Litigation: Van Sickle v. Tenth Circuit Introduction Van Sickle v. Tenth Circuit is a pivotal case in the realm of judicial immunity and the dismissal of...

Affirmation of Summary Judgment in Shar-Alan Oil Co. v. Lear Petroleum: Implications for Joint Operating Agreements and Mutual Mistake Doctrine

Date: May 9, 1986

Affirmation of Summary Judgment in Shar-Alan Oil Co. v. Lear Petroleum: Implications for Joint Operating Agreements and Mutual Mistake Doctrine Introduction The case of Irving Pasternak, d/b/a...

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