10th Circuit Case Commentaries

K-B Trucking v. Riss International: Establishing Standards for Real Party in Interest and Fraudulent Misrepresentation

Date: May 29, 1985

K-B Trucking v. Riss International: Establishing Standards for Real Party in Interest and Fraudulent Misrepresentation Introduction In the landmark case of K-B Trucking Company and Keith Collins v....

Reinforcing Strict Standards for Bail Pending Appeal: Interpretation and Implications of the Bail Reform Act of 1984

Date: May 25, 1985

Reinforcing Strict Standards for Bail Pending Appeal: Interpretation and Implications of the Bail Reform Act of 1984 Introduction The case of United States of America v. Grant C. Affleck and Frank...

Admissibility of Damage Exhibits and Trial Court Discretion in Damage Awards: Insights from State Office Systems, Inc. v. Olivetti Corporation of America

Date: May 18, 1985

Admissibility of Damage Exhibits and Trial Court Discretion in Damage Awards: Insights from State Office Systems, Inc. v. Olivetti Corporation of America Introduction The appellate case of State...

Recalde v. United States: Reinforcing Fourth Amendment Protections Against Coercive Detentions

Date: May 11, 1985

Recalde v. United States: Reinforcing Fourth Amendment Protections Against Coercive Detentions Introduction The case of United States of America v. Miguel Angel Recalde, decided on May 10, 1985, by...

Tenth Circuit Affirms Per Se Illegality of Vertical Price Fixing in Antitrust Conspiracy Case

Date: Apr 10, 1985

Tenth Circuit Affirms Per Se Illegality of Vertical Price Fixing in Antitrust Conspiracy Case Introduction The case of World of Sleep, Inc. v. La-Z-Boy Chair Company is a seminal antitrust litigation...

Discovery Rule in Carcinogen-Related Wrongful Death Claims: Analysis of SW Servicing, Inc. v. Plaintiffs-Appellants

Date: Apr 6, 1985

Discovery Rule in Carcinogen-Related Wrongful Death Claims: Analysis of SW Servicing, Inc. v. Plaintiffs-Appellants Introduction In SW Servicing, Inc. v. Plaintiffs-Appellants (758 F.2d 1381, United...

Determining Exemption of Business Assets in Bankruptcy Proceedings: In Re Wayne A. Reid et al.

Date: Mar 13, 1985

Determining Exemption of Business Assets in Bankruptcy Proceedings: In Re Wayne A. Reid et al. Introduction The case In Re Wayne A. Reid, Dorothy D. Reid, d/b/a International Mailing Systems, Debtors...

Ischemic Heart Disease and Disability Determination: Establishing a Per Se Disabled Status in Knipe v. Heckler

Date: Feb 14, 1985

Ischemic Heart Disease and Disability Determination: Establishing a Per Se Disabled Status in Knipe v. Heckler, 10th Cir. 1985 Introduction The case of Gene Knipe v. Margaret M. Heckler is a pivotal...

Right to Counsel in Parole Revocation: Santillanes v. United States Parole Commission

Date: Feb 12, 1985

Right to Counsel in Parole Revocation: Santillanes v. United States Parole Commission Introduction Santillanes v. United States Parole Commission, 754 F.2d 887 (10th Cir. 1985), is a pivotal case...

Reversing the Use of Administrative Grids in Disability Determinations: The Turner v. Heckler Decision

Date: Feb 9, 1985

Reversing the Use of Administrative Grids in Disability Determinations: The Turner v. Heckler Decision Introduction In the landmark case of Lonnie E. Turner v. Margaret Heckler, Secretary of the...

Ensuring Due Process: McCarthy v. Weinberg and the Right to Appointed Counsel for Disabled Litigants

Date: Jan 24, 1985

Ensuring Due Process: McCarthy v. Weinberg and the Right to Appointed Counsel for Disabled Litigants Introduction McCarthy v. Weinberg, 753 F.2d 836 (10th Cir. 1985), is a pivotal case that...

Enhancing Agency Liability and Limiting Punitive Damages in Contract Cases: Analysis of Mackey v Burke, 751 F.2d 322

Date: Dec 27, 1984

Enhancing Agency Liability and Limiting Punitive Damages in Contract Cases: Analysis of Mackey v. Burke, 751 F.2d 322 Introduction The case of Mackey v. Burke, adjudicated by the United States Court...

Duty of Care in Real Estate Development: Insights from Fortier v. Peterson

Date: Dec 18, 1984

Duty of Care in Real Estate Development: Insights from Fortier v. Peterson Introduction Fortier v. Peterson, 747 F.2d 1324 (10th Cir. 1984), is a significant appellate decision that addresses the...

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.

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

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

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...

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