22 Cited authorities

Servants of Paraclete v. Does
204 F.3d 1005 (10th Cir. 2000) Cited 3,308 times
Holding that district court can grant Rule 59 motions when there has been a change in the law since the prior judgment was issued, the movant presents new evidence that was previously unavailable, or there is a need to correct a clear error or prevent manifest injustice
Richison v. Ernest Group, Inc.
634 F.3d 1123 (10th Cir. 2011) Cited 672 times
Holding that unpreserved arguments may not be considered on appeal absent a showing of plain error
National Business Brokers v. Jim Williamson
115 F. Supp. 2d 1250 (D. Colo. 2000) Cited 162 times
Holding that loss of profits sustained by Colorado resident as a result of tortious conduct of nonresident in another state did not constitute injury so as to subject nonresident to jurisdiction under the long-arm statute
Wagoner v. Wagoner
938 F.2d 1120 (10th Cir. 1991) Cited 168 times
Holding that a motion that "questioned the correctness of the district court's statute of limitations analysis[] [wa]s properly deemed filed pursuant to Rule 59(e)" even though it "was filed after the district court announced the action it would take but before formal entry of a final judgment"
White v. American Airlines, Inc.
915 F.2d 1414 (10th Cir. 1990) Cited 135 times
Holding trial court erred by instructing jury that employer would be liable under Burk if plaintiff showed improper motive was "a factor in the decision to discharge him," rather than a significant factor
United Fire & Casualty Co. v. Boulder Plaza Residential, LLC
633 F.3d 951 (10th Cir. 2011) Cited 72 times
Holding that "where jurisdiction rests solely on diversity of citizenship and there is no controlling decision by the highest court of a state, a decision by an intermediate court should be followed by the Federal court, absent convincing evidence that the highest court would decide otherwise"
Whitehead v. Oklahoma Gas Elec. Co.
187 F.3d 1184 (10th Cir. 1999) Cited 86 times
Holding an argument waived on appeal for failure to raise the issue in objection to the magistrate's recommendation
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. OUTBACK STEAK HOUSE OF FLORIDA, INC., and OS Restaurant Services, Inc., d/b/a/ Outback Steakhouse, Defendants. and Albert Hoffman, as Trustee for the Estate of Debtors Kelly and David Altizer, and Jennifer Turner-Rieger, Intervenors,
245 F.R.D. 657 (D. Colo. 2007) Cited 39 times
Holding that pre-filing procedures related to charges of sexual discrimination filed by two Colorado employees could not support a section 706 action alleging nationwide gender-based discrimination in hiring, promotion, and training
United Fire Casualty Co. v. Boulder Plaza Residential
Civil Action No. 06-cv-00037-PAB-CBS (D. Colo. Feb. 1, 2010) Cited 34 times
Civil Action No. 06-cv-00037-PAB-CBS. February 1, 2010 ORDER ON PLAINTIFF UNITED FIRE'S SECOND MOTION FOR RECONSIDERATION PHILIP BRIMMER, District Judge A. Background This case involves a dispute regarding coverage under a commercial general liability ("CGL") insurance policy ("the Policy") issued by plaintiff United Fire Casualty Company ("United Fire"). The facts of this case have been recounted in detail in previous orders [Docket Nos. 85, 222]. For the sake of the present motion, it suffices
U.S. v. Taylor
166 F.3d 350 (10th Cir. 1993) Cited 36 times
Holding that prisoner was not entitled to equitable tolling of the limitations period based on the unavailability of transcripts
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,463 times 143 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Section 626 - Recordkeeping, investigation, and enforcement
29 U.S.C. § 626 Cited 6,061 times 44 Legal Analyses
Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255

Equal Employment Opportunity Commission v. CollegeAmerica Denver, Inc.

22 Cited authorities

Holding that district court can grant Rule 59 motions when there has been a change in the law since the prior judgment was issued, the movant presents new evidence that was previously unavailable, or there is a need to correct a clear error or prevent manifest injustice

Holding that unpreserved arguments may not be considered on appeal absent a showing of plain error

Holding that loss of profits sustained by Colorado resident as a result of tortious conduct of nonresident in another state did not constitute injury so as to subject nonresident to jurisdiction under the long-arm statute

Holding that a motion that "questioned the correctness of the district court's statute of limitations analysis[] [wa]s properly deemed filed pursuant to Rule 59(e)" even though it "was filed after the district court announced the action it would take but before formal entry of a final judgment"

Holding trial court erred by instructing jury that employer would be liable under Burk if plaintiff showed improper motive was "a factor in the decision to discharge him," rather than a significant factor

Holding that "where jurisdiction rests solely on diversity of citizenship and there is no controlling decision by the highest court of a state, a decision by an intermediate court should be followed by the Federal court, absent convincing evidence that the highest court would decide otherwise"

Holding an argument waived on appeal for failure to raise the issue in objection to the magistrate's recommendation

Holding that pre-filing procedures related to charges of sexual discrimination filed by two Colorado employees could not support a section 706 action alleging nationwide gender-based discrimination in hiring, promotion, and training

Holding that prisoner was not entitled to equitable tolling of the limitations period based on the unavailability of transcripts

Holding party seeking fees may additionally seek "nontaxable expenses"

Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255