10th Circuit Case Commentaries

Delay in Trademark Infringement Claims as a Factor in Preliminary Injunctions: Insights from GTE Corp. v. David R. Williams

Date: Apr 7, 1984

Delay in Trademark Infringement Claims as a Factor in Preliminary Injunctions: Insights from GTE Corp. v. David R. Williams Introduction The case of GTE Corporation v. David R. Williams addresses...

Uniform Characterization of §1983 Claims for Statute of Limitations Purposes

Date: Mar 31, 1984

Uniform Characterization of §1983 Claims for Statute of Limitations Purposes Introduction The case of Gary Garcia v. Richard Wilson and Martin Vigil, adjudicated by the United States Court of Appeals...

Strict Compliance with Bankruptcy Appeal Procedures Reinforced in Colorado Energy Supply v. Price

Date: Mar 7, 1984

Strict Compliance with Bankruptcy Appeal Procedures Reinforced in Colorado Energy Supply v. Price Introduction The case of Colorado Energy Supply, Inc., et al. vs. Obed Price (728 F.2d 1283)...

Reliable Electric Co. v. Olson Construction: Due Process in Bankruptcy Plan Confirmation

Date: Feb 29, 1984

Reliable Electric Co. v. Olson Construction: Due Process in Bankruptcy Plan Confirmation Introduction The case of Reliable Electric Co., Inc. v. Olson Construction Company (726 F.2d 620) was...

United States v. Jarboe Lackey Feedlots, Inc.: Interpretation of EAJA and Jurisdiction in Adulteration Cases

Date: Feb 24, 1984

United States v. Jarboe Lackey Feedlots, Inc.: Interpretation of EAJA and Jurisdiction in Adulteration Cases Introduction The case of United States of America v. Jarboe Lackey Feedlots, Inc.,...

Reversal of Jury Verdict in Asbill v. Housing Authority Establishes Critical Due Process Protections for Public Employees

Date: Feb 3, 1984

Reversal of Jury Verdict in Asbill v. Housing Authority Establishes Critical Due Process Protections for Public Employees Introduction The case of Barbara Asbill v. Housing Authority of the Choctaw...

Negligent Release of Mentally Ill Patients: DURFLINGER v. ARTILES Establishes Liability of State Mental Hospital Staff

Date: Jan 28, 1984

Negligent Release of Mentally Ill Patients: DURFLINGER v. ARTILES Establishes Liability of State Mental Hospital Staff Introduction DURFLINGER v. ARTILES, 727 F.2d 888 (1984), is a landmark case in...

Tenth Circuit Upholds Wichita's Ordinance Protecting Minors from Harmful Sexual Material

Date: Dec 24, 1983

Tenth Circuit Upholds Wichita's Ordinance Protecting Minors from Harmful Sexual Material Introduction The case of M.S. News Company v. Antonio Casado et al. (721 F.2d 1281) presents a significant...

Tenth Circuit Limits Application of Immediate Appeal Exception for Third Parties in Subpoena Duces Tecum Cases

Date: Dec 23, 1983

Tenth Circuit Limits Application of Immediate Appeal Exception for Third Parties in Subpoena Duces Tecum Cases Introduction The case of In Re Grand Jury Proceedings, Subpoena to Ray M. Vargas, et...

Affirmation of Qualified Immunity for Law Enforcement in Child Custody Retrieval Actions

Date: Dec 9, 1983

Affirmation of Qualified Immunity for Law Enforcement in Child Custody Retrieval Actions Introduction The case of Marylee Benavidez, Jason Kenny Benavidez, and Jose Guy Benavidez v. Franklin L....

Discretionary Function Exception Reinforced in Miller v. United States (1983)

Date: Nov 1, 1983

Discretionary Function Exception Reinforced in Miller v. United States (1983) Introduction Miller v. United States, 710 F.2d 656 (10th Cir. 1983), is a seminal case that further elucidates the...

Lurch v. United States of America: Defining Federal Employee Status for FTCA Liability

Date: Oct 13, 1983

Lurch v. United States of America: Defining Federal Employee Status for FTCA Liability Introduction Lurch v. United States of America, 719 F.2d 333 (10th Cir. 1983), is a pivotal case addressing the...

Cessna Finance v. Bielenberg: Upholding the Integrity of Default Judgments in Corporate Guarantees

Date: Aug 27, 1983

Cessna Finance v. Bielenberg: Upholding the Integrity of Default Judgments in Corporate Guarantees Introduction In the landmark case of Cessna Finance Corporation v. Bielenberg Masonry Contracting,...

Establishing Standards for Attorney’s Fee Awards in Civil Rights Class Actions: RAMOS v. LAMM Analysis

Date: Aug 24, 1983

Establishing Standards for Attorney’s Fee Awards in Civil Rights Class Actions: RAMOS v. LAMM Analysis Introduction RAMOS v. LAMM is a landmark decision by the United States Court of Appeals for the...

Establishment of Feres Doctrine and Eleventh Amendment Immunity in Textron v. Textron Decision

Date: Aug 11, 1983

Establishment of Feres Doctrine and Eleventh Amendment Immunity in Textron v. Textron Decision 1. Introduction The case of Textron, Inc. and Bell Helicopter Textron v. United States of America,...

Tenth Circuit Determines Improper Stay of Investor Litigation in Receivership Cases

Date: Jul 26, 1983

Improper Stay of Investor Litigation During Receivership: A Tenth Circuit Analysis Introduction In the landmark case Commodity Futures Trading Commission v. Chilcott Portfolio Management, Inc. (713...

Triplett v. LeFlore County: Upholding the Right to Amend §1983 Claims Against Local Governments

Date: Jul 19, 1983

Triplett v. LeFlore County: Upholding the Right to Amend §1983 Claims Against Local Governments Introduction Triplett v. LeFlore County, 712 F.2d 444 (10th Cir. 1983), is a significant appellate...

Imputing Constructive Knowledge for Justifiable Reliance in Securities Fraud: Zobrist v. Coal-X, Inc.

Date: Jul 2, 1983

Imputing Constructive Knowledge for Justifiable Reliance in Securities Fraud: Zobrist v. Coal-X, Inc. Introduction In the landmark case Zobrist v. Coal-X, Inc., decided by the United States Court of...

Establishing Property Rights and Obligations in Oil and Gas Lease Abandonment: White v. Conoco

Date: Jun 23, 1983

Establishing Property Rights and Obligations in Oil and Gas Lease Abandonment: White v. Conoco Introduction White v. Conoco, Inc. is a pivotal case decided by the United States Court of Appeals for...

Enhancing Trademark Protection: Tenth Circuit’s Analysis in Beer Nuts, Inc. v. Clover Club Foods Co.

Date: Jun 23, 1983

Enhancing Trademark Protection: Tenth Circuit’s Analysis in Beer Nuts, Inc. v. Clover Club Foods Co. Introduction The case of Beer Nuts, Inc. v. Clover Club Foods Company (711 F.2d 934) adjudicated...

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