Jerry L. King v. Unocal Corp., a California Corp., 58 F.3d 586 (10th Cir. 1995). · Go Syfert
Jerry L. King v. Unocal Corp., a California Corp., 58 F.3d 586 (10th Cir. 1995). Cases Citing This Book View Copy Cite
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75 citation events (15 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Norman Law v. National Collegiate
10th Cir. · 2000 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
it is the appellant's responsibility to provide us with a proper record on appeal.
discussed Cited as authority (rule) Lehman Bros. Holdings, Inc. v. Gateway Funding Diversified Mortgage Services, L.P.
3rd Cir. · 2015 · confidence medium
Fire Servs., 757 F.2d 1357, 1358 (1st Cir.1985); Wrighten v. Glowski, 232 F.3d 119, 120 (2d Cir.2000) (per curiam); Alizadeh v. Safeway Stores, Inc., 910 F.2d 234, 237 (5th Cir.1990); United States v. Johnson, 584 F.2d 148 , 156 n. 18 (6th Cir.1978); Woods v. Thieret, 5 F.3d 244, 245-46 (7th Cir.1993); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980) (per curiam); Syncom Capital Corp. v. Wade, 924 F.2d 167, 169-70 (9th Cir.1991) (per curiam); King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir.1995); Abood v. Block, We recognize that “[dismissal of an appeal for failure to comp…
discussed Cited as authority (rule) United States v. Vandemerwe (2×)
10th Cir. · 2010 · confidence medium
See, e.g., Allan v. Springville City, 388 F.3d 1331, 1334 (10th Cir. 2004) (refusing to consider the appellant’s challenge to a jury instruction because she failed to “submit an adequate record” in that “her appendix d[id] not include the transcript of the jury instruction conference” (citing 10th Cir. R. 10.3(B))); Travelers Indemnity Co. v. Accurate Autobody, Inc., 340 F.3d 1118, 1121 (10th Cir. 2003) (“The failure of both appellant and cross-appellant to include in the appendix the document that controls the resolution of the issues on appeal—the Travelers insurance policy iss…
cited Cited as authority (rule) Abdulhaseeb v. Hargett
10th Cir. · 2006 · confidence medium
See 10th Cir. R. 10.1(A)(1) (describing appellant’s duty to provide portions of transcript necessary to review of appellate issues); King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir.1995).
cited Cited as authority (rule) Sumler v. Boeing Company
10th Cir. · 2005 · confidence medium
P. 10(b)(2); King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995)).
cited Cited as authority (rule) Ortiz v. Norton
10th Cir. · 2005 · confidence medium
P. 10(b); King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir.1995).
discussed Cited as authority (rule) Allan v. Springville City
10th Cir. · 2004 · confidence medium
See 10th Cir. R. 10.3(B) (“When the party asserting an issue fails to provide a record sufficient for considering that issue, the court may decline to consider it.”); King v. Unocal Corp., 58 F.3d 586, 588 (10th Cir.1995) (“[Appellant] failed to provide us with a copy of the pages of transcript containing his objections to several of the challenged instructions.
discussed Cited as authority (rule) Beem v. McKune
10th Cir. · 2002 · confidence medium
See, e.g., Henderson v. Kibbe, 431 U.S. 145, 154 , 97 S.Ct. 1730 , 52 L.Ed.2d 203 (1977) (describing erroneous jury instruction standard of review in habeas appeal); King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir.1995) (stating court could not consider challenge to jury instruction without trial transcript).
cited Cited as authority (rule) Law v. National Collegiate Athletic Ass'n
10th Cir. · 2001 · signal: cf. · confidence medium
Cf. King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995) (“It is the appellant’s responsibility to provide us with a proper record on appeal.”).
cited Cited as authority (rule) Morrison Knudsen Corp. v. Fireman's Fund Insurance
10th Cir. · 1999 · confidence medium
See Dikeman v. National Educators, Inc., 81 F.3d 949, 955 (10th Cir.1996); King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir.1995).
examined Cited as authority (rule) Sanchez v. Mora-San Miguel Elec (3×) also: Cited "see"
10th Cir. · 1999 · confidence medium
Also, “we consider all the jury heard, and from the standpoint of the jury, decide not whether the charge was faultless in every particular, but whether the jury was misled in any way and whether it had understanding of the issues and its duty to determine these issues.” King v. Unocal Corp. , 58 F.3d 586, 587 (10th Cir. 1995) (quotations omitted).
cited Cited as authority (rule) Shackelford v. Champion
10th Cir. · 1998 · confidence medium
See Rubner & Kutner, P.C. v. United -12- States Trustee (In re Lederman Enters., Inc.) , 997 F.2d 1321, 1323 (10th Cir. 1993); King v. Unocal Corp. , 58 F.3d 586, 587 (10th Cir. 1995).
cited Cited as authority (rule) Dennis Alan Shackelford v. Ron Champion, Warden State of Oklahoma James L. Saffle
10th Cir. · 1998 · confidence medium
See Rubner & Kutner, P.C. v. United States Trustee (In re Lederman Enters., Inc.), 997 F.2d 1321, 1323 (10th Cir.1993); King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995).
cited Cited as authority (rule) Saporito v. Bd of Cty Commission
10th Cir. · 1998 · confidence medium
King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir. 1995), (quoting Considine v. Newspaper Agency Corp., 43 F.3d 1349, 1365 (10th Cir. 1994)).
cited Cited as authority (rule) Cindi Saporito v. Board of Commissioners of the County of Labette, Kansas
10th Cir. · 1998 · confidence medium
King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995), (quoting Considine v. Newspaper Agency Corp., 43 F.3d 1349, 1365 (10th Cir.1994)).
cited Cited as authority (rule) Grimes v. Janesville
10th Cir. · 1997 · confidence medium
King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir. 1995); Fed.
cited Cited as authority (rule) Ralph H. Grimes, and v. Janesville Products, a Subsidiary of Jason Incorporated, and Cross-Appellee
10th Cir. · 1997 · confidence medium
King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir.1995); Fed.
cited Cited as authority (rule) Kwame v. Children's Hospital
10th Cir. · 1997 · confidence medium
Rios v. Bigler, 67 F.3d 1543, 1549 (10th Cir. 1995); King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir. 1995).
cited Cited as authority (rule) Sylvester Kwame v. The Children's Hospital Association, a Colorado Corporation
10th Cir. · 1997 · confidence medium
Rios v. Bigler, 67 F.3d 1543, 1549 (10th Cir.1995); King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995).
discussed Cited as authority (rule) Meyers v. Hayssen Mfg. Co.
10th Cir. · 1997 · confidence medium
"An error in jury instructions will mandate reversal ... only if the error is determined to have been prejudicial after reviewing the record as a whole." King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995) (quotation omitted). 5 In this case, the record provided does not include all of the instructions given to the jury.
discussed Cited as authority (rule) Meyers v. Hayssen Maufacturing
10th Cir. · 1997 · confidence medium
“An error in jury instructions will mandate -2- reversal . . . only if the error is determined to have been prejudicial after reviewing the record as a whole.” King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir. 1995) (quotation omitted).
discussed Cited as authority (rule) Scheerer v. City of Oklahoma
10th Cir. · 1997 · confidence medium
Consequently, any potential assignments of error relating to the district court’s evidentiary rulings, the charge to the jury, and the sufficiency of the evidence supporting the verdict are beyond the scope of meaningful appellate review. 3 See, e.g., King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir. 1995); United States v. Vasquez, 985 F.2d 491, 495 (10th Cir. 1993).
discussed Cited as authority (rule) Wynelle M. Scheerer v. The City of Oklahoma City, and Six Unknown Oklahoma City Police Officers
10th Cir. · 1997 · confidence medium
Consequently, any potential assignments of error relating to the district court's evidentiary rulings, the charge to the jury, and the sufficiency of the evidence supporting the verdict are beyond the scope of meaningful appellate review. 3 See, e.g., King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir.1995); United States v. Vasquez, 985 F.2d 491, 495 (10th Cir.1993).
cited Cited as authority (rule) Hicks v. Nichols
10th Cir. · 1996 · confidence medium
King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995)(citing 10th Cir. R. 10.1).
discussed Cited as authority (rule) Paul W. Anderson, Jr. And Joyce Anderson v. Stan Campbell Casey Owens Steve Whitson and Greg Valencia
10th Cir. · 1996 · confidence medium
In considering whether the magistrate judge correctly instructed the jury, we "consider all the jury heard, and from the standpoint of the jury, decide not whether the charge was faultless in every particular, but whether the jury was misled in any way and whether it had understanding of the issues and its duty to determine these issues." King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995) (quotations and citations omitted). 16 Plaintiffs first challenge all instructions given to the jury because they allowed the jury to believe the officers' entry into their home was lawful.
discussed Cited as authority (rule) Anderson v. Campbell
10th Cir. · 1996 · confidence medium
In considering whether the magistrate judge correctly instructed the jury, we “consider all the jury heard, and from the standpoint of the jury, decide not whether the charge was faultless in every particular, but whether the jury was misled in any way and whether it had understanding of the issues and its duty to determine these issues.” King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995) (quotations and citations omitted).
cited Cited as authority (rule) Hicks v. Creek County Board
10th Cir. · 1996 · confidence medium
King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir. 1995)(citing 10th Cir. R. 10.1).
cited Cited as authority (rule) Oyler v. United States
10th Cir. · 1996 · confidence medium
King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995).
discussed Cited as authority (rule) Gloria Rios v. F. Calvin Bigler, M.D. And Lauren A. Welch, M.D.
10th Cir. · 1995 · confidence medium
“On appeal of a trial court’s jury instructions, the appellate court, after review of the record as a whole, must determine whether the instructions correctly state the applicable law and provide the jury with ample understanding of the issues and standards of the case.” Lamon v. City of Shawnee, 972 F.2d 1145, 1153 (10th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1414 , 122 L.Ed.2d 785 (1993). “ ‘An error in jury instructions will mandate reversal ... only if the error is determined to have been prejudicial after reviewing the record as a whole.’ ” King v. Unocal Corp., 58 F…
discussed Cited as authority (rule) J. Concepcion Reynaga, as Personal Representative of Alfredo Rendon, Sr., Deceased v. Bernalillo, County of James Gonzalez
10th Cir. · 1995 · confidence medium
The district court rejected plaintiff's proposed instruction, which omitted the word "unlawful" and would have merely required proof that Gonzalez intentionally used offensive force against Rendon. 5 To determine whether the district court correctly instructed the jury, this court "consider[s] all the jury heard, and from the standpoint of the jury, decide[s] not whether the charge was faultless in every particular, but whether the jury was misled in any way and whether it had understanding of the issues and its duty to determine these issues." King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.…
cited Cited "see" Henderson v. Ray
10th Cir. · 2006 · signal: see · confidence high
See King v. Unocal Corp., 58 F.3d 586, 588 (10th Cir.1995) (“Because Appellant did not provide us with a proper record, we cannot review his appellate issue.”).
discussed Cited "see" Watson v. Unified Government of Wyan-Dotte County/Kansas City
10th Cir. · 2003 · signal: see · confidence high
See King v. Unocal Carp., 58 F.3d 586, 587 (10th Cir.1995); McGinnis v. Gustafson, 978 F.2d 1199, 1201 (10th Cir.1992); see also Ogden v. San Juan County, 32 F.3d *500 452, 455 (10th Cir.1994) (holding that “an appellant’s pro se status does not excuse the obligation of any litigant to comply with the fundamental requirements” of the Federal Rules of Appellate Procedure).
cited Cited "see" Doering Ex Rel. Barrett v. Copper Mountain, Inc.
10th Cir. · 2001 · signal: see · confidence high
See King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995).
discussed Cited "see" Meyer v. Herman
10th Cir. · 2000 · signal: see · confidence high
See King v. Unocal Corp. , 58 F.3d 586, 587-88 (10th Cir. 1995) (ruling that court could not consider challenge to jury instruction without complete trial transcript).
discussed Cited "see" Campbell v. Coastal Mart
10th Cir. · 2000 · signal: see · confidence high
See King v. Unocal Corp. , 58 F.3d 586, 587 (10th Cir. 1995) (noting that “[i]t is the appellant’s responsibility to provide us with a proper record on appeal”). 4 Further, Campbell’s assertions do not establish that she had the necessary supervisory experience for the assistant manager position.
discussed Cited "see" Wolfe v. USAA Life Insurance (2×)
10th Cir. · 2000 · signal: see · confidence high
See King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir. 1995).
discussed Cited "see" Giron v. Corrections Corp. of America (2×)
10th Cir. · 1999 · signal: see · confidence high
See King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995).
cited Cited "see" King v. Union Oil Co. of California
10th Cir. · 1997 · signal: see · confidence high
See King v. Unocal Corp., 58 F.3d 586 (10th Cir.1995) [hereinafter King I ].
cited Cited "see" Quinstar Corporation v. Stoecker
10th Cir. · 1997 · signal: see · confidence high
See King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir. 1995).
discussed Cited "see" Quinstar Corp. v. Falcon Bridge Industries, Inc. (2×)
3rd Cir. · 1997 · signal: see · confidence high
See King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995).
cited Cited "see" Aramburu v. The Boeing Company
10th Cir. · 1997 · signal: see · confidence high
See King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995) (stating that the appellant must provide an adequate record for review of all issues raised on appeal).
discussed Cited "see" Steere v. Jeppesen Sanderson (2×)
10th Cir. · 1997 · signal: see · confidence high
See King v. Unocal Corp., 58 F.3d 586, 587 (10th Cir.1995) (citing 10th Cir. R. 10.1).
cited Cited "see" United States v. Brian Burns
2d Cir. · 1997 · signal: see · confidence high
See King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir.1995) (court will not consider matters not in the record); Murphy v. St.
discussed Cited "see" Saavedra v. Albuquerque
10th Cir. · 1996 · signal: see · confidence high
See King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir.1995) (failure to include trial transcript necessary to review challenge to jury instructions); United States v. Janus Indus., 48 F.3d 1548, 1559 (10th Cir.), cert. denied, --- U.S. ----, 116 S.Ct. 87 , 133 L.Ed.2d 44 (1995) (failure to include, and reference to, portion of record wherein objections, properly preserving issues for appeal, may be found). 63 AFFIRMED. * The Honorable Frank M.
discussed Cited "see" Saavedra v. City of Albuquerque
10th Cir. · 1996 · signal: see · confidence high
See King v. Unocal Corp., 58 F.3d 586, 587-88 (10th Cir.1995) (failure to include trial transcript necessary to review challenge to jury instructions); United States v. Janus Indus., 48 F.3d 1548, 1559 (10th Cir.), cert. denied, — U.S. -, 116 S.Ct. 87 , 133 L.Ed.2d 44 (1995) (failure to include, and reference to, portion of record wherein objections, properly preserving issues for appeal, may be found).
discussed Cited "see, e.g." Local Union No. 38, Sheet Metal Workers' International Association, Afl-Cio v. Pelella
2d Cir. · 2003 · signal: see also · confidence medium
See Harris Market Research v. Marshall Marketing and Communications, 948 F.2d 1518, 1528 (10th Cir.1991); see also King v. Unocal Corp., 58 F.3d 586, 588 (10th Cir.1995). 58 Finally, Local 38 does not contend, on appeal, that Pelella's initial allegations regarding the nature of the due process violations in his counterclaim warrant reversal or vacatur.
cited Cited "see, e.g." Local Union No. 38 v. Pelella
2d Cir. · 2003 · signal: see also · confidence medium
See Harris Market Research v. Marshall Marketing and Communications, 948 F.2d 1518, 1528 (10th Cir.1991); see also King v. Unocal Corp., 58 F.3d 586, 588 (10th Cir.1995).
Retrieving the full opinion text from the archive…
Jerry L. KING, Plaintiff-Appellant,
v.
UNOCAL CORPORATION, a California Corporation, Defendant-Appellee
94-7081.
Court of Appeals for the Tenth Circuit.
Jun 30, 1995.
58 F.3d 586
Submitted on the briefs: *, Stephen D. Colbert, Colbert Law Offices, Ardmore, OK, for plaintiff-appellant., David W. Lee and Gayla I. Fields, Lee, Collins & Fields, P.C., Oklahoma City, OK, for defendant-appellee.
Anderson, Baldock, Brown.
Cited by 53 opinions  |  Published
BALDOCK, Circuit Judge.

Appellant Jerry L. King appeals from a jury verdict in favor of Appellee Unocal Corporation alleging error in the instructions submitted to the jury. We exercise jurisdie[*587] tion under 28 U.S.C. § 1291 and dismiss the appeal.

We glean the following facts from Appel-lee’s supplemental appendix. [1] In February-1977, Appellant, an African-American male, began working for Appellee as a Production Technician in Carter County, Oklahoma. In July 1992, Appellant was injured on a company golf outing and notified Appellee of his injury pursuant to § 24.2 of the Oklahoma Worker’s Compensation Act, Okla.Stat. tit. 85, § 24.2. In September 1992, Appellee fired Appellant during a company-wide restructuring.

In September 1993, Appellant sued Appel-lee for alleged unlawful employment practices. Specifically, Appellant alleged Appel-lee discriminated against him, and ultimately terminated him based upon his: (1) race, in violation of 42 U.S.C. §§ 2000e-2; (2) physical disability, in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12112-14; and (3) lawful exercise of rights under Oklahoma’s Worker’s Compensation Act, in violation of Okla.Stat. tit. 85, §§ 5-7.

The parties consented to have a United States Magistrate Judge try the case. The trial commenced in May 1994 and resulted in a jury verdict in favor of Appellee on all issues. This appeal followed.

On appeal, Appellant contends the magistrate judge improperly instructed the jury on issues not relevant to his ADA claim. Specifically, Appellant contends the magistrate judge erred by instructing the jury on the meaning of “reasonable accommodation,” “undue hardship,” “essential functions,” and “threat to the health and safety of others” because none of these terms were relevant to issues and evidence presented to the jury in the instant case.

When reviewing a claim that the court improperly instructed the jury, “‘we consider all the jury heard, and from the standpoint of the jury, decide not whether the charge was faultless in every particular, but whether the jury was misled in any way and whether it had understanding of the issues and its duty to determine these issues.’” Considine v. Newspaper Agency Corp., 43 F.3d 1349, 1365 (10th Cir.1994) (quoting Resolution Trust Corp. v. Stone, 998 F.2d 1534, 1549 (10th Cir.1993)). “An error in jury instructions will mandate reversal ... only if the error is determined to have been prejudicial after reviewing the record as a whole.” Brown v. Wal-Mart Stores, Inc., 11 F.3d 1559, 1564 (10th Cir.1993); see also Shamrock Drilling Fluids, Inc. v. Miller, 32 F.3d 455, 459 (10th Cir.1994) (‘We review the jury instructions as a whole, in light of the record_”).

Thus, in order to review an alleged error in the court’s admission or exclusion of a jury instruction, we must have a proper record before us. See Harris Mkt. Research v. Marshall Mktg. and Communications, Inc., 948 F.2d 1518, 1528 (10th Cir.1991) (court declines to consider jury instruction challenge “in the absence of a record containing those portions of the transcript on which the parties rely.”). It is the appellant’s responsibility to provide us with a proper record on appeal. Fed.R.App.P. 10(b)(2); Yarrington v. Davies, 992 F.2d 1077, 1080 (10th Cir.1993). The appellant must “order and provide all portions of the transcript necessary to give the court of appeals a complete and accurate record of the proceedings insofar as such proceedings relate to the issues raised on appeal.” 10th Cir.R. 10.1. In a case involving a jury instruction challenge, the appellant must submit “a copy of the pages of reporter’s transcript at which the ... instruction ... and any necessary objection are recorded.” 10th Cir.R. 10.3.2. Counsel must “see that the record excerpts are sufficient for consideration and determination of the issues on appeal and the court is under no obligation to remedy any failure of counsel to fulfill that responsibility.” Deines v. Vermeer Mfg. Co., 969 F.2d 977, 979 (10th Cir.1992) (quoting General Order, 10th Cir., October 25, 1990, p. 5).

Contrary to the clear dictates of 10th Cir.R. 10.1, Appellant did not provide us with a transcript or excerpts of the proceedings below specifically detailing the evidence adduced at trial. As a result, we cannot “Con[*588] sider all the jury heard,” Considine, 43 F.3d at 1365, and thereby have no way of determining whether the court properly submitted the challenged instructions to the jury in light of the evidence presented at trial. See Miller, 32 F.3d at 460 (court reviews record to determine whether jury instruction was warranted in light of the evidence presented at trial). Further, Appellant did not comply with 10th Cir.R. 10.3.2 because he failed to provide us with a copy of the pages of transcript containing his objections to several of the challenged instructions. Because Appellant did not provide us with a proper record, we cannot review his appellate issue. Harris Mkt. Research, 948 F.2d at 1528. Accordingly, we DISMISS the appeal.

It is so ordered.

1

. Appellant did not provide us with a transcript or other portion of the record detailing the facts.