10th Circuit Case Commentaries

Respondeat Superior in Federal Civil Rights Litigation: Kite v. Kelley

Date: Nov 30, 1976

Respondeat Superior in Federal Civil Rights Litigation: Kite v. Kelley Introduction Kite v. Kelley, 546 F.2d 334 (10th Cir. 1976) is a pivotal case that delves into the application of the doctrine of...

Affirmation of Colorado Jury Selection Plan's Compliance with Fair Cross Section Standards: Commentary on United States of America v. Test et al. (550 F.2d 577)

Date: Nov 13, 1976

Affirmation of Colorado Jury Selection Plan's Compliance with Fair Cross Section Standards Commentary on United States of America v. Test et al. (550 F.2d 577) Introduction The case of United States...

Bennett v. Passic: Establishing Criteria for Frivolous Civil Rights Claims and In Forma Pauperis Proceedings

Date: Sep 30, 1976

Bennett v. Passic: Establishing Criteria for Frivolous Civil Rights Claims and In Forma Pauperis Proceedings Introduction The case of Howard Smith Bennett v. Albert Passic et al. (545 F.2d 1260)...

Equitable Tolling of Notice Period Under the Age Discrimination in Employment Act: Dartt v. Shell Oil Company

Date: Jul 23, 1976

Equitable Tolling of Notice Period Under the Age Discrimination in Employment Act: Dartt v. Shell Oil Company Introduction Dartt v. Shell Oil Company, 539 F.2d 1256 (10th Cir. 1976), is a pivotal...

Limitations on Self-Representation and Admissibility of Mental Capacity Defenses: Bennett v. United States

Date: Jun 29, 1976

Limitations on Self-Representation and Admissibility of Mental Capacity Defenses: Bennett v. United States Introduction United States of America v. Odell Bennett is a significant appellate case...

Affirmation of Governors' Unfettered Removal Power Over Appointed Policy-Making Officials

Date: Jun 23, 1976

Affirmation of Governors' Unfettered Removal Power Over Appointed Policy-Making Officials Introduction The case of John A. Mitchell v. Bruce King, Governor of the State of New Mexico, et al. (537...

Establishing Surplusage in Indictment Amendments: Commentary on United States v. Hall and Taylor

Date: May 13, 1976

Establishing Surplusage in Indictment Amendments: Commentary on United States v. Hall and Taylor Introduction United States of America v. David Hall and W. W. Taylor, 536 F.2d 313 (10th Cir. 1976),...

Fraudulent Conduct by a Fiduciary Contractor: Implications of Romero v. Allen and Ashcroft Realty

Date: May 12, 1976

Fraudulent Conduct by a Fiduciary Contractor: Implications of Romero v. Allen and Ashcroft Realty Introduction The case of Jose Leon Romero, AKA Joe L. Romero, AKA Buddy Romero, et al., Bankrupts....

Materiality in False Medicare Claims: An Analysis of United States v. Radetsky

Date: Mar 30, 1976

Materiality in False Medicare Claims: An Analysis of United States v. Radetsky Introduction United States of America v. Louis Martin Radetsky is a pivotal case adjudicated by the United States Court...

Establishing Discretionary Authority in Prisoner Classification: Marchesani v. McCune

Date: Feb 18, 1976

Establishing Discretionary Authority in Prisoner Classification: Marchesani v. McCune Introduction Bernard Marchesani, the appellant, challenged the classification imposed upon him by the Bureau of...

Procedural Rights in Injunctive Relief and Class Actions: Tenth Circuit's Decision in Penn v. San Juan Hospital

Date: Jan 1, 1976

Procedural Rights in Injunctive Relief and Class Actions: Tenth Circuit's Decision in Penn v. San Juan Hospital Introduction Penn et al. v. San Juan Hospital, Inc. is a landmark case decided by the...

Clarification on Hybrid Self-Representation and Judicial Discretion in Psychiatric Evaluations: United States v. Hill

Date: Dec 16, 1975

Clarification on Hybrid Self-Representation and Judicial Discretion in Psychiatric Evaluations: United States v. Hill Introduction In United States of America v. Alf Hill, Jr., 526 F.2d 1019 (10th...

R.E.B., Inc. v. Ralston Purina Co.: Ruling Against Double Recovery in UCC Warranty Claims

Date: Oct 22, 1975

R.E.B., Inc. v. Ralston Purina Co.: Ruling Against Double Recovery in UCC Warranty Claims Introduction R.E.B., Inc., a plaintiff-appellee operating a hog ranch, engaged in the production of purebred...

Independence of Section 1981 and Strict Class Action Typicality in Employment Discrimination: Safeway Stores v. Taylor

Date: Oct 4, 1975

Independence of Section 1981 and Strict Class Action Typicality in Employment Discrimination: Safeway Stores v. Taylor Introduction In Samuel Taylor v. Safeway Stores, Inc., 524 F.2d 263 (10th Cir....

Enhanced Scope for Class Actions under Rule 23 in Employment Discrimination Cases: Rich v. Martin Marietta Corp.

Date: Aug 2, 1975

Enhanced Scope for Class Actions under Rule 23 in Employment Discrimination Cases: Rich v. Martin Marietta Corp. Introduction The case of Jewel C. Rich et al. v. Martin Marietta Corporation (522 F.2d...

Establishing Consistency in Diversity Jurisdiction Cases: PIERCE v. COOK CO. and the Application of Rule 60(b)(6)

Date: Jun 25, 1975

Establishing Consistency in Diversity Jurisdiction Cases: PIERCE v. COOK CO. and the Application of Rule 60(b)(6) Introduction PIERCE v. COOK CO. is a landmark 1975 decision by the United States...

Mustang Fuel Corp. v. Youngstown Sheet & Tube Co.: Clarifying Express and Implied Warranties in Product Liability Cases

Date: May 8, 1975

Mustang Fuel Corp. v. Youngstown Sheet & Tube Co.: Clarifying Express and Implied Warranties in Product Liability Cases Introduction Mustang Fuel Corporation (hereafter "Mustang") v. Youngstown Sheet...

Reevaluation of Antitrust Standards: Telex Corp. v. IBM (1975)

Date: Mar 28, 1975

Reevaluation of Antitrust Standards: Telex Corp. v. IBM (1975) Introduction The case of The Telex Corporation, and Telex Computer Products, Inc. v. International Business Machines Corporation (IBM),...

Establishing Personal Jurisdiction Over Foreign Corporations: Insights from Budde v. Ling-Temco-Vought, Inc.

Date: Mar 7, 1975

Establishing Personal Jurisdiction Over Foreign Corporations: Insights from Budde v. Ling-Temco-Vought, Inc. Introduction The case of James Allen Budde v. Ling-Temco-Vought, Inc., d/b/a Kentron...

Establishing Probable Cause for Search Warrants: Insights from United States v. Rahn

Date: Mar 1, 1975

Establishing Probable Cause for Search Warrants: Insights from United States v. Rahn Introduction United States of America v. Calvin D. Rahn, 511 F.2d 290 (10th Cir. 1975), addresses critical issues...

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