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United States Tenth Circuit - September 2002 Opinion Summaries

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O'TOOLE v. NORTHROP GRUMMAN CORP.

United States Tenth Circuit
Contracts, Labor & Employment Law, Remedies
Under New York law, district court erred in limiting damages within the contemplation of the parties to those consequential damages expressly...
09/26/2002 01-2281

GARRETT v. HEWLETT-PACKARD CO.

United States Tenth Circuit
Civil Rights, Labor & Employment Law
A former employee demonstrated that there are genuine issues of material fact warranting a trial on claims of disparate treatment under Title VII and...
09/25/2002 01-1022

OSEI v. IMMIGRATION & NATURALIZATION SERV.

United States Tenth Circuit
Immigration Law
The Board of Immigration Appeals' denial of a Motion to Reopen and Motion for Stay of Deportation Based on Ineffective Assistance of Counsel, solely...
09/24/2002 01-9515

US v. ALMARAZ

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
The continuing criminal enterprise statute, 21 U.S.C. section 848, in light of Richardson v. U.S., 526 U.S. 813 (1999), does not require proof that...
09/23/2002 01-2049

LANTEC, INC. v. NOVELL, INC.

United States Tenth Circuit
Antitrust & Trade Regulation, Contracts
A voice message was not definite enough to serve as an anticipatory repudiation in a contract claim, and antitrust claims fail where claimant did not...
09/19/2002 01-4109

JERNIGAN v. STUCHELL

United States Tenth Circuit
Administrative Law, Civil Rights
A state inmate's pro se 42 U.S.C. 1983 action was properly dismissed without prejudice, for failure to exhaust administrative remedies.
09/18/2002 02-6052

US v. RAMIREZ

United States Tenth Circuit
Criminal Law & Procedure
The record does not show that the court properly exercised its discretion on the basis of the parties' arguments, thus the need for a competency...
09/18/2002 01-1554

US v. PATANE

United States Tenth Circuit
Criminal Law & Procedure
Defendant's arrest was supported by probable cause to believe that he violated a domestic violence restraining order, but an ensuing Miranda violation...
09/18/2002 01-1503

TELECOR COMMUNICATIONS, INC. v. SOUTHWESTERN BELL TEL. CO.

United States Tenth Circuit
Antitrust & Trade Regulation, Communications Law, Public Utilities
After a jury verdict finding a phone company guilty of monopolistic behavior in violation of Oklahoma state law for its domination of the state's pay...
09/10/2002 01-6067/6138

US v. PROFFIT

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
After a plea of guilty to mail fraud, the absence of a direct link between the victim's illness and defendant's success in defrauding him made a...
09/09/2002 01-8065

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