10th Circuit Case Commentaries

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....

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

Date: Sep 15, 1987

Parody and Trademark Confusion: Jordache Enterprises, Inc. v. Hogg Wyld, Ltd. Analysis Introduction The case of Jordache Enterprises, Inc. v. Hogg Wyld, Ltd. (828 F.2d 1482) adjudicated by the United...

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

Date: Sep 12, 1987

Habeas Corpus Actions Excluded from EAJA's Civil Actions: EWING v. RODGERS Commentary Introduction The case of EWING v. RODGERS consolidates two appeals involving petitioner-appellees Kent Patrick...

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

Date: Sep 12, 1987

Waiver of Statutory Rights under the Interstate Agreement on Detainers Act: Insights from Yellen v. Cooper Introduction The case of Seth Yellen v. Thomas I. Cooper, adjudicated by the United States...

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

Date: Sep 10, 1987

Abuse of Discretion in Denial of Continuance: United States v. West Introduction United States of America v. Harvey Edward West is a pivotal case adjudicated by the United States Court of Appeals for...

Appellate Jurisdiction Over Arbitration Stay Orders: Quinn v. CGR

Date: Sep 9, 1987

Appellate Jurisdiction Over Arbitration Stay Orders: Quinn v. CGR Introduction The case of Paul G. Quinn, as Trustee of the Estate of Life Imaging Corporation v. CGR (828 F.2d 1463) presents a...

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

Date: Sep 3, 1987

Collateral Estoppel Limitations in Subrogation Actions: Federal Insurance Co. v. Gates Learjet Corp. Introduction The case of Federal Insurance Company v. Gates Learjet Corporation (823 F.2d 383)...

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

Date: Aug 28, 1987

Newcomb v. Ingle: Establishing a Two-Year Statute of Limitations for §1983 and §2520 Claims in Kansas Introduction Harold G. Newcomb initiated legal action against his ex-wife, her father, and an...

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

Date: Aug 15, 1987

Kitchens v. Bryan County National Bank: Establishing Standards for Malicious Prosecution and Service of Process Introduction The case of Wayne Kitchens v. Bryan County National Bank (825 F.2d 248)...

Balancing First Amendment Privileges in Discovery Orders: Grandbouche v. IRS Agents

Date: Aug 14, 1987

Balancing First Amendment Privileges in Discovery Orders: Grandbouche v. IRS Agents Introduction In the landmark case of Grandbouche v. IRS Agents, decided by the United States Court of Appeals for...

Affirmation of Judicial Discretion in Defense Motions and Evidentiary Standards: United States v. Wright et al.

Date: Aug 12, 1987

Affirmation of Judicial Discretion in Defense Motions and Evidentiary Standards: United States v. Wright et al. Introduction In the case of United States of America v. Jack Walder Wright a/k/a Robert...

Defining Employee Status of General Partners under Antidiscrimination Laws: Insights from Wheeler v. Main Hurdman

Date: Jul 28, 1987

Defining Employee Status of General Partners under Antidiscrimination Laws: Insights from Wheeler v. Main Hurdman Introduction Marilyn Wheeler v. Main Hurdman is a pivotal case adjudicated by the...

New Precedent on Avoiding Fraudulent Transfers in Ponzi Schemes: Merrill v. Abbott et al.

Date: Jul 24, 1987

New Precedent on Avoiding Fraudulent Transfers in Ponzi Schemes: Merrill v. Abbott et al. Introduction In the landmark case of Merrill v. Abbott et al. (In re Independent Clearing House Company, 77...

Campbell v. Bowen: Burden of Proof in Social Security Disability Determinations Reinforced

Date: Jul 10, 1987

Campbell v. Bowen: Burden of Proof in Social Security Disability Determinations Reinforced Introduction In Campbell v. Bowen, 822 F.2d 1518 (10th Cir. 1987), the United States Court of Appeals for...

Absolute Immunity Affirmed for State Medical Examiners in Adjudicative Proceedings: Horwitz v. State Board of Medical Examiners

Date: Jul 8, 1987

Absolute Immunity Affirmed for State Medical Examiners in Adjudicative Proceedings: Horwitz v. State Board of Medical Examiners Introduction In Horwitz v. State Board of Medical Examiners, decided by...

Reversal of Social Security Disability Denial in E.L. Harris v. Secretary of Health and Human Services

Date: Jun 27, 1987

Reversal of Social Security Disability Denial in E.L. Harris v. Secretary of Health and Human Services Introduction The case E.L. Harris, Plaintiff-Appellant, v. Secretary of Health and Human...

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