ESTATE OF VANE

v.

THE FAIR, INC., ET AL.

Citator

Cited By (20 total)

• Sil-Flo v. SFHC, 917 F.2d 1507 (10th Cir. 1990)
  …court’s earlier bench ruling requiring Mr. Freeman to do so. We review the district court’s ruling admitting Mr. Freeman’s expert testimony under the abuse of discretion standard. Specht v. Jensen, 853 F. 2d 805, 810 (10th Cir.1988), cert. denied, 488 U.S. 1008, 109 S.Ct. 792, 102 L.Ed.2d 783 (1989). The court’s ruling cannot be overturned unless it is “ ‘manifestly erroneous.’ ” Id. (citing Salem v. United States Lines Co., 370 U.S. 31, 35, 82 S.Ct. 1119, 1122, 8 L.Ed.2d 313 (1962)). Accordingly, “we defe…
• Welch v. Cadre Cap., 923 F.2d 989 (2d Cir. 1991)
  …] filed more than one year after discovery of the fraud or more than three years after the violation. The Third Circuit has applied the federal limitations period retroactively, Hill v. Equitable Trust Co., 851 F. 2d 691 (3d Cir.1988), cert. denied, 488 U.S. 1008, 109 S.Ct. 791, 102 L.Ed.2d 782 (1989), although the ruling had no adverse consequence for the plaintiffs since their claims would have been barred under the equivalent limitations period of applicable state law. Like the Seventh Circuit, see Short,…
• Street v. Parham, 929 F.2d 537 (10th Cir. 1991)
  …learly established” at the time it was taken_’ ” Specht v. Jensen, 832 F. 2d 1516,1524 (10th Cir.1987) (quoting Harlow, 457 U.S. at 818-19, 102 S.Ct. at 2738-39), reh’g granted expressly on other grounds, 837 F. 2d 940 (10th Cir.1988), cert. denied, 488 U.S. 1008, 109 S.Ct. 792, 102 L.Ed.2d 783 (1989). We find that Instruction No. 18 adequately guided the jury in evaluating all of the relevant aspects of an excessive force claim, including any claim to qualified immunity. A citizen has the right to be free…