1st Circuit Case Commentaries

Establishing Standards for Medical Malpractice Liability: Romero Lama v. Borras

Date: Feb 26, 1994

Establishing Standards for Medical Malpractice Liability: Romero Lama v. Borras Introduction The case of Roberto Romero Lama, et al. v. Dr. Pedro J. Borras, et al., and Asociación Hospital del...

Dischargeability of Indemnification Claims in Bankruptcy: In re Philip G. Menna Decision

Date: Feb 11, 1994

Dischargeability of Indemnification Claims in Bankruptcy: In re Philip G. Menna Decision Introduction The case of Century 21 Balfour Real Estate v. Philip G. Menna addresses the critical issue of...

Establishing Guilty Knowledge Through Circumstantial Evidence: Insights from United States v. O'Brien

Date: Feb 8, 1994

Establishing Guilty Knowledge Through Circumstantial Evidence: Insights from United States v. O'Brien Introduction The case of United States of America v. Kevin F. O'Brien, decided on February 7,...

Expanding "Participant" Standing under ERISA: Vartanian v. Monsanto

Date: Feb 3, 1994

Expanding "Participant" Standing under ERISA: Vartanian v. Monsanto Introduction Vartanian v. Monsanto, 14 F.3d 697 (1st Cir. 1994), is a pivotal case addressing the scope of the term "participant"...

Multiplicity of Bank Fraud Counts and the Interpretation of Conspiracy under 18 U.S.C. § 371: A Comprehensive Analysis of United States of America v. Peter Brandon et al.

Date: Feb 1, 1994

Multiplicity of Bank Fraud Counts and the Interpretation of Conspiracy under 18 U.S.C. § 371: A Comprehensive Analysis of United States of America v. Peter Brandon et al. Introduction The case of...

Affirmation of Maine's Health Security Act: Admissibility of Prelitigation Screening Panel Findings in Federal Diversity Jurisdiction

Date: Feb 1, 1994

Affirmation of Maine's Health Security Act: Admissibility of Prelitigation Screening Panel Findings in Federal Diversity Jurisdiction Introduction In the case of Dawn Daigle v. Maine Medical Center,...

Infringement of Fourth Amendment Rights in Vehicular Searches: The Infante-Ruiz Case Analysis

Date: Jan 26, 1994

Infringement of Fourth Amendment Rights in Vehicular Searches: The Infante-Ruiz Case Analysis Introduction The case of United States of America v. Pedro Infante-Ruiz (13 F.3d 498) adjudicated by the...

Qualified Immunity and Supervisory Liability: An In-Depth Analysis of Febus-Rodriguez v. Betancourt-LeBron

Date: Jan 19, 1994

Qualified Immunity and Supervisory Liability: An In-Depth Analysis of Febus-Rodriguez v. Betancourt-LeBron Introduction The case of Febus-Rodriguez and Catalina Rodriguez-Pagan v. Ismael...

Affirming Fraudulent Conveyance: The FDIC v. Gleicher Decision

Date: Jan 6, 1994

Affirming Fraudulent Conveyance: The FDIC v. Gleicher Decision Introduction In the case of Federal Deposit Insurance Corporation, as Receiver for Bank of New England v. Anchor Properties, et al.,...

Comprehensive Commentary on United States of America v. David Sepulveda

Date: Dec 21, 1993

United States of America v. David Sepulveda: Establishing Precedents in Drug Trafficking Convictions Introduction In the consolidated appeals of United States of America v. David Sepulveda and...

Strict Enforcement of Anti-Wiretap Statutes: Insights from Williams v. Poulos

Date: Dec 15, 1993

Strict Enforcement of Anti-Wiretap Statutes: Insights from Williams v. Poulos Introduction The case of George C. Williams, et al., Plaintiffs, Appellants, v. Richard E. Poulos, et al., Defendants,...

Affirmation of Conviction and Standards for Post-Conviction Relief: United States v. McGill

Date: Nov 25, 1993

Affirmation of Conviction and Standards for Post-Conviction Relief: United States v. McGill Introduction The case of United States of America v. Steven McGill is a seminal decision by the United...

Perceived Disability Discrimination under Section 504: Establishing Precedent in Bonnie Cook v. Rhode Island

Date: Nov 23, 1993

Perceived Disability Discrimination under Section 504: Establishing Precedent in Bonnie Cook v. Rhode Island Introduction Bonnie Cook v. State of Rhode Island, Department of Mental Health,...

Kuehl v. FDIC: Enforcing Concise Pleading Requirements under Federal Rules

Date: Nov 18, 1993

Kuehl v. FDIC: Enforcing Concise Pleading Requirements under Federal Rules Introduction In the landmark case of David E. and Jean E. Kuehl v. Federal Deposit Insurance Corporation, et al.,...

Secondary Meaning Requirements for Descriptive Geographical Marks: Insights from Boston Beer Co. v. Slesar Bros.

Date: Nov 17, 1993

Secondary Meaning Requirements for Descriptive Geographical Marks: Insights from Boston Beer Co. v. Slesar Bros. Introduction The case of Boston Beer Company Limited Partnership d/b/a The Boston Beer...

Pihl v. Massachusetts Department of Education: Extending Compensatory Education Beyond Statutory Age

Date: Nov 17, 1993

Extending Compensatory Education Beyond Statutory Age: A Comprehensive Analysis of Pihl v. Massachusetts Department of Education Introduction In Pihl v. Massachusetts Department of Education, the...

Extension of Appeal Period Through Fed. R. Crim. P. 35(c): Morillo v. United States

Date: Nov 9, 1993

Extension of Appeal Period Through Fed. R. Crim. P. 35(c): Morillo v. United States Introduction United States of America v. Josh Morillo (8 F.3d 864, 1st Cir. 1993) presents a pivotal examination of...

Affirming Summary Judgment in Wrongful Death Action: Insufficient Proximate Cause Evidence in Product Liability

Date: Nov 2, 1993

Affirming Summary Judgment in Wrongful Death Action: Insufficient Proximate Cause Evidence in Product Liability Introduction The case of Mary Hayes, Administrator of the Estate of Robert Hayes, Jr.,...

Procedural Handling of Ineffective Assistance Claims in Direct Appeals: Mala v. United States

Date: Oct 28, 1993

Procedural Handling of Ineffective Assistance Claims in Direct Appeals: Mala v. United States Introduction In United States of America v. Kelley Mala, 7 F.3d 1058 (1st Cir. 1993), the defendant,...

Clarification of Employee Immunity under P.R. Laws Ann. Tit. 26, §4105 in Medical Malpractice Actions

Date: Oct 19, 1993

Clarification of Employee Immunity under P.R. Laws Ann. Tit. 26, §4105 in Medical Malpractice Actions 1. Introduction The case of Marta Nieves v. University of Puerto Rico, et al. revolves around a...

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