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  • Commentaries
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10th Circuit Case Commentaries

Standing and Real Party in Interest: Affirmation of Dismissal in Swanson v. Bixler et al.

Standing and Real Party in Interest: Affirmation of Dismissal in Swanson v. Bixler et al.

Date: Dec 5, 1984
Standing and Real Party in Interest: Affirmation of Dismissal in Swanson v. Bixler et al. Introduction In the case of Caleb Vincent Swanson, Jr. v. Albert Bixler et al., the United States Court of...
Affirming State Action and Color of Law in §1983 Civil Rights Litigation: Lusby v. T.G.Y. Stores et al.

Affirming State Action and Color of Law in §1983 Civil Rights Litigation: Lusby v. T.G.Y. Stores et al.

Date: Nov 24, 1984
Affirming State Action and Color of Law in §1983 Civil Rights Litigation: Lusby v. T.G.Y. Stores et al. Introduction The case of Solomon Lusby, Vaughn Lusby, and Alvin Jerard Lusby v. T.G.Y. Stores,...
Legitimate Expectation of Privacy and Consent in Search: Insights from United States v. Fernando Obregon

Legitimate Expectation of Privacy and Consent in Search: Insights from United States v. Fernando Obregon

Date: Nov 14, 1984
Legitimate Expectation of Privacy and Consent in Search: Insights from United States v. Fernando Obregon Introduction The case of United States of America v. Fernando Obregon, adjudicated by the...
Proper Application of Medical-Vocational Guidelines: Channel v. Heckler Sets Standard for Considering Nonexertional Impairments

Proper Application of Medical-Vocational Guidelines: Channel v. Heckler Sets Standard for Considering Nonexertional Impairments

Date: Oct 30, 1984
Proper Application of Medical-Vocational Guidelines: Channel v. Heckler Sets Standard for Considering Nonexertional Impairments Introduction Channel v. Heckler is a pivotal case adjudicated by the...
Single Conspiracy Established in United States of America v. Dickey et al.

Single Conspiracy Established in United States of America v. Dickey et al.

Date: Oct 10, 1984
Single Conspiracy Established in United States of America v. Dickey et al. Introduction The case United States of America v. Gary L. "Scott" Dickey et al., decided by the United States Court of...
Sanctions for Negligent Case Management under Fed. R. Civ. Proc. 16(f): Baker v. RivaAir

Sanctions for Negligent Case Management under Fed. R. Civ. Proc. 16(f): Baker v. RivaAir

Date: Oct 4, 1984
Sanctions for Negligent Case Management under Fed. R. Civ. Proc. 16(f): Baker v. RivaAir Introduction Baker v. RivaAir Flying Service, Inc. is a pivotal case decided by the United States Court of...
Bad Faith Exception in Awarding Attorney's Fees: Insights from Sterling Energy v. Friendly National Bank

Bad Faith Exception in Awarding Attorney's Fees: Insights from Sterling Energy v. Friendly National Bank

Date: Oct 4, 1984
Bad Faith Exception in Awarding Attorney's Fees: Insights from Sterling Energy v. Friendly National Bank Introduction The case of Sterling Energy, Ltd. v. Friendly National Bank serves as a pivotal...
Right of Pretrial Detainees to Refuse Antipsychotic Medication: Bee v. Greaves et al.

Right of Pretrial Detainees to Refuse Antipsychotic Medication: Bee v. Greaves et al.

Date: Sep 25, 1984
Right of Pretrial Detainees to Refuse Antipsychotic Medication: Bee v. Greaves et al. Introduction Bee v. Greaves et al. (744 F.2d 1387), adjudicated by the United States Court of Appeals for the...
Extending Personal Jurisdiction to International Sports Organizations: Analysis of RONALD BEHAGEN v. ABA/USA and FIBA

Extending Personal Jurisdiction to International Sports Organizations: Analysis of RONALD BEHAGEN v. ABA/USA and FIBA

Date: Sep 21, 1984
Extending Personal Jurisdiction to International Sports Organizations: Analysis of RONALD BEHAGEN v. ABA/USA and FIBA Introduction The case of Ronald Behagen v. Amateur Basketball Association of the...
Elimination of Vertical Privity Requirement for Express Warranties in Oklahoma: Insights from Patty Precision v. Brown Sharpe Manufacturing Co.

Elimination of Vertical Privity Requirement for Express Warranties in Oklahoma: Insights from Patty Precision v. Brown Sharpe Manufacturing Co.

Date: Sep 6, 1984
Elimination of Vertical Privity Requirement for Express Warranties in Oklahoma: Insights from Patty Precision v. Brown Sharpe Manufacturing Co. 1. Introduction Patty Precision, a Corporation v. Brown...
Establishing the 'Knock-Out' Rule under UCC §2-207 in the Tenth Circuit – Daitom v. Pennwalt

Establishing the 'Knock-Out' Rule under UCC §2-207 in the Tenth Circuit – Daitom v. Pennwalt

Date: Aug 18, 1984
Establishing the 'Knock-Out' Rule under UCC §2-207 in the Tenth Circuit – Daitom v. Pennwalt Introduction Daitom, Inc. v. Pennwalt Corporation is a landmark case decided by the United States Court of...
Reinforcing Substantial Evidence and the Weight of Treating Physician in Disability Benefit Termination: Byron v. Heckler

Reinforcing Substantial Evidence and the Weight of Treating Physician in Disability Benefit Termination: Byron v. Heckler

Date: Aug 11, 1984
Reinforcing Substantial Evidence and the Weight of Treating Physician in Disability Benefit Termination: Byron v. Heckler Introduction The case of Joe N. Byron, plaintiff-appellant, versus Margaret...
Mandamus Relief in Discovery Disputes: Limits in Asserting Attorney-Client Privilege

Mandamus Relief in Discovery Disputes: Limits in Asserting Attorney-Client Privilege

Date: Jul 21, 1984
Mandamus Relief in Discovery Disputes: Limits in Asserting Attorney-Client Privilege Introduction The case of BarclaysAmerican Corporation et al. v. John L. Kane, Jr. addresses the complexities...
Aspen Highlands v. Aspen Skiing Company: Establishing Duty to Cooperate in Monopolistic Practices

Aspen Highlands v. Aspen Skiing Company: Establishing Duty to Cooperate in Monopolistic Practices

Date: Jul 14, 1984
Aspen Highlands v. Aspen Skiing Company: Establishing Duty to Cooperate in Monopolistic Practices Introduction The case of Aspen Highlands Skiing Corporation v. Aspen Skiing Company (738 F.2d 1509,...
Equitable Tolling in Federal Employment Discrimination: Martinez v. Orr

Equitable Tolling in Federal Employment Discrimination: Martinez v. Orr

Date: Jul 12, 1984
Equitable Tolling in Federal Employment Discrimination: Martinez v. Orr Introduction Martinez v. Orr, 738 F.2d 1107 (10th Cir. 1984), is a pivotal case in federal employment discrimination law that...
Linda Love v. RE/MAX: Strengthening Retaliation Protections under Title VII and the Equal Pay Act

Linda Love v. RE/MAX: Strengthening Retaliation Protections under Title VII and the Equal Pay Act

Date: Jul 4, 1984
Linda Love v. RE/MAX: Strengthening Retaliation Protections under Title VII and the Equal Pay Act Introduction The landmark case of Linda Love v. RE/MAX of America, Inc. (738 F.2d 383) adjudicated by...
Good Faith and Good Cause in Franchise Agreements: Analysis of State Distributors, Inc. v. Glenmore Distilleries Company

Good Faith and Good Cause in Franchise Agreements: Analysis of State Distributors, Inc. v. Glenmore Distilleries Company

Date: Jul 3, 1984
Good Faith and Good Cause in Franchise Agreements: Analysis of State Distributors, Inc. v. Glenmore Distilleries Company Introduction State Distributors, Inc., a licensed wholesaler of alcoholic...
Clarifying Fourth Amendment Standards in U.S. v. Cooper and Threat

Clarifying Fourth Amendment Standards in U.S. v. Cooper and Threat

Date: Jun 19, 1984
Clarifying Fourth Amendment Standards in U.S. v. Cooper and Threat Introduction The case of United States of America v. Vanessa Elaine Cooper and Darryl Keith Threat, decided by the United States...
Enhancing Fourth Amendment Protections in Strip Searches: Insights from Hill v. Bogans

Enhancing Fourth Amendment Protections in Strip Searches: Insights from Hill v. Bogans

Date: May 31, 1984
Enhancing Fourth Amendment Protections in Strip Searches: Insights from Hill v. Bogans Introduction The case of Craig Hill v. Robert Bogans and the City and County of Denver (735 F.2d 391)...
Tipped Employees and FLSA Compliance: Establishing Precedent on Minimum Wage Enforcement and Liquidated Damages

Tipped Employees and FLSA Compliance: Establishing Precedent on Minimum Wage Enforcement and Liquidated Damages

Date: May 4, 1984
Tipped Employees and FLSA Compliance: Establishing Precedent on Minimum Wage Enforcement and Liquidated Damages Introduction In the landmark case of Becky Doty, Vicky Doty, David Price, and Roy Price...
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