10th Circuit Case Commentaries

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...

Title VII Precedent on Discriminatory Promotion Policies: Muller v. U.S. Steel

Date: Jan 15, 1975

Title VII Precedent on Discriminatory Promotion Policies: Muller v. United States Steel Corporation Introduction Muller v. United States Steel Corporation is a landmark case adjudicated by the United...

Establishing Liability for Defective Design in Product-Related Fatalities: Gardner v. General Motors Corp.

Date: Dec 17, 1974

Establishing Liability for Defective Design in Product-Related Fatalities: Gardner v. General Motors Corp. Introduction The case of Gardner v. General Motors Corporation serves as a pivotal judicial...

Reversing Mail Fraud Conviction: Enhancing Indictment Specificity under Rule 7(c), Fed.R.Cr.P.

Date: Dec 11, 1974

Reversing Mail Fraud Conviction: Enhancing Indictment Specificity under Rule 7(c), Fed.R.Cr.P. Introduction The case of United States of America v. Louis Rex Curtis (506 F.2d 985) adjudicated by the...

Equitable Ownership and Rule 25 Substitution in Tax Lien Foreclosure: Insights from United States v. Miller Brothers Construction Company, Rapidways Inc. (1974)

Date: Nov 14, 1974

Equitable Ownership and Rule 25 Substitution in Tax Lien Foreclosure: Insights from United States v. Miller Brothers Construction Company, Rapidways Inc. (1974) Introduction The case of United States...

Maintaining Corporate Separation and Personal Jurisdiction Limits: Fuqua Industries v. Herman Quarles

Date: Nov 6, 1974

Maintaining Corporate Separation and Personal Jurisdiction Limits: Fuqua Industries v. Herman Quarles Introduction The case of Herman Quarles et al. v. Fuqua Industries, Inc. et al. (504 F.2d 1358)...

Defining Compulsory Counterclaims and Ancillary Jurisdiction in Civil Rights Actions: Pipeliners Local Union No. 798 v. EllerD

Date: Oct 3, 1974

Defining Compulsory Counterclaims and Ancillary Jurisdiction in Civil Rights Actions: Pipeliners Local Union No. 798 v. EllerD Introduction The case of Pipeliners Local Union No. 798, Tulsa,...

Establishing Liability under Section 10(b) and Rule 10b-5: Insights from Kerbs v. Fall River Industries

Date: Sep 7, 1974

Establishing Liability under Section 10(b) and Rule 10b-5: Insights from Kerbs v. Fall River Industries Introduction The case Jack Kerbs v. Fall River Industries, Inc., 502 F.2d 731 (10th Cir. 1974),...

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