64 Cited authorities

  1. Correctional Services Corporation v. Malesko

    534 U.S. 61 (2001)   Cited 2,722 times   3 Legal Analyses
    Holding that there is no private right of action under Bivens for damages against private entities that engage in alleged constitutional deprivations while acting under color of federal law
  2. English v. General Electric Co.

    496 U.S. 72 (1990)   Cited 1,315 times   8 Legal Analyses
    Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation
  3. Boyle v. United Technologies Corp.

    487 U.S. 500 (1988)   Cited 1,165 times   28 Legal Analyses
    Holding that where evidence in a civil trial does not suffice to support a jury verdict for plaintiff under a properly formulated defense, judgment may be entered for defendant on appeal despite the fact that defendant did not object to jury instructions "that expressed the defense differently, and in a fashion that would support a verdict"
  4. Tal v. Hogan

    453 F.3d 1244 (10th Cir. 2006)   Cited 1,381 times   1 Legal Analyses
    Holding that "because the extensiveness of the threat is a question of fact" the court would "assume for the purposes of this opinion that the predicate acts alleged ... establish a pattern of racketeering activity"
  5. GFF Corp. v. Associated Wholesale Grocers, Inc.

    130 F.3d 1381 (10th Cir. 1997)   Cited 1,548 times
    Holding failure to address district court's alternative ground for granting summary judgment compelled affirmance
  6. Rice v. Santa Fe Elevator Corp.

    331 U.S. 218 (1947)   Cited 2,165 times   11 Legal Analyses
    Holding that the clear statement rule may be satisfied where "the Act of Congress ... touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."
  7. United States v. Kozminski

    487 U.S. 931 (1988)   Cited 462 times
    Holding that for purposes of prosecution under § 241 for subjecting an individual to involuntary servitude, the jury must be instructed that involuntary servitude is the compulsion of services by the use or threatened use of physical or legal coercion
  8. McGregor v. Gibson

    248 F.3d 946 (10th Cir. 2001)   Cited 396 times
    Holding that a competency hearing was required "in light of the inconsistent evidence concerning whether [the defendant] was properly medicated throughout trial, counsel's repeated and vehement contentions that his client was unable to assist in his own defense, [the defendant's] odd behavior at trial and, of course, [the defendant's] substantial history of mental illness"
  9. Van Woudenberg v. Gibson

    211 F.3d 560 (10th Cir. 2000)   Cited 356 times   2 Legal Analyses
    Holding that, when considering a motion to dismiss, "the court is permitted to take judicial notice of its own files and records, as well as facts which are a matter of public record"
  10. Grynberg v. Koch Gateway Pipeline Co.

    390 F.3d 1276 (10th Cir. 2004)   Cited 217 times   2 Legal Analyses
    Holding that first-to-file rule "is a jurisdictional limit on the courts' power to hear certain duplicative qui tam suits"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,757 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
  13. Section 1395 - Prohibition against any Federal interference

    42 U.S.C. § 1395   Cited 2,265 times   29 Legal Analyses
    Addressing Medicare's reimbursement for diagnostic laboratory services for hospital outpatients
  14. Section 1589 - Forced labor

    18 U.S.C. § 1589   Cited 694 times   14 Legal Analyses
    Defining "serious harm" as that which would compel a "reasonable person" to perform or continue performing labor to avoid incurring such harm
  15. Section 1584 - Sale into involuntary servitude

    18 U.S.C. § 1584   Cited 200 times   4 Legal Analyses
    Holding persons in involuntary servitude
  16. Section 4-1-201 - General definitions

    Colo. Rev. Stat. § 4-1-201   Cited 34 times
    Defining “person” to include “business trust”
  17. Section 1555 - Immigration Service expenses

    8 U.S.C. § 1555   Cited 12 times
    Providing that appropriations for the Immigration and Naturalization Service "shall be available for payment of ... interpreters and translators who are not citizens of the United States"
  18. Section 8-6-104 - Wages shall be adequate - conditions healthful and moral

    Colo. Rev. Stat. § 8-6-104   Cited 10 times

    It is unlawful to employ workers in any occupation within the state of Colorado for wages which are inadequate to supply the necessary cost of living and to maintain the health of the workers so employed. It is unlawful to employ workers in any occupation within this state under conditions of labor detrimental to their health or morals. C.R.S. § 8-6-104 L. 17: p. 381, § 4. C.L. § 4265. CSA: C. 97, § 239. CRS 53: § 80-9-3. C.R.S. 1963: § 80-7-3. L. 77: Entire section amended, p. 428, § 3, effective