1st Circuit Case Commentaries

Strengthening the Burden of Proof in ADEA Age Discrimination: Insights from LeBlanc v. Great American Insurance Co.

Date: Sep 30, 1993

Strengthening the Burden of Proof in ADEA Age Discrimination: Insights from LeBlanc v. Great American Insurance Co. Introduction LeBlanc v. Great American Insurance Company, 6 F.3d 836 (1st Cir....

Superior Reclamation Rights in Fraudulent Entrustment: Evergreen Marine Corp. v. Six Consignments of Frozen Scallops

Date: Sep 18, 1993

Superior Reclamation Rights in Fraudulent Entrustment: Evergreen Marine Corp. v. Six Consignments of Frozen Scallops Introduction Evergreen Marine Corporation v. Six Consignments of Frozen Scallops,...

Limiting the Outrageous Misconduct Defense: A Comprehensive Commentary on United States v. Santana

Date: Sep 17, 1993

Limiting the Outrageous Misconduct Defense: A Comprehensive Commentary on United States v. Santana Introduction The case of United States of America v. Rafael Santana and Francis Fuentes, decided by...

Recoupment Doctrine in Bankruptcy: Insights from Ralar Distributors Inc. v. Rubbermaid, Inc.

Date: Sep 15, 1993

Recoupment Doctrine in Bankruptcy: Insights from Ralar Distributors Inc. v. Rubbermaid, Inc. Introduction The case of Ralar Distributors, Inc. and Halmar Distributors, Inc. ("R-H") versus Rubbermaid,...

Expanding the Scope of Discretionary Function Immunity in High-Speed Pursuits: A Commentary on Horta v. Sullivan

Date: Sep 1, 1993

Expanding the Scope of Discretionary Function Immunity in High-Speed Pursuits Insights from Horta v. Sullivan (1st Cir. 1993) Introduction The case of Debra Horta v. Charles B. Sullivan, et al.,...

Future Attorneys' Fees in Institutional Reform Litigation: Insights from BREWSTER v. DUKAKIS

Date: Aug 26, 1993

Future Attorneys' Fees in Institutional Reform Litigation: Insights from BREWSTER v. DUKAKIS Introduction BREWSTER v. DUKAKIS, 3 F.3d 488 (1st Cir. 1993) is a pivotal case in the realm of...

Defining 'Qualifying Event' Under COBRA: Gaskell v. Harvard Cooperative Society

Date: Aug 26, 1993

Defining 'Qualifying Event' Under COBRA: Gaskell v. Harvard Cooperative Society Introduction David and Carolyn Gaskell v. The Harvard Cooperative Society is a pivotal case that explores the nuances...

Constructive Discharge under the Age Discrimination in Employment Act: Insights from Vega v. Kodak Caribbean

Date: Aug 25, 1993

Constructive Discharge under the Age Discrimination in Employment Act: Insights from Vega v. Kodak Caribbean Introduction The case of JORGE VEGA AND EUSEBIO LEON v. KODAK CARIBBEAN, LTD. (3 F.3d 476)...

Affirmation of Preliminary Injunction Against Mandatory Retirement Age Under ADEA: Gately v. Commonwealth of Massachusetts

Date: Aug 19, 1993

Affirmation of Preliminary Injunction Against Mandatory Retirement Age Under ADEA: Gately v. Commonwealth of Massachusetts Introduction Gately v. Commonwealth of Massachusetts is a pivotal case...

Jurisdictional Autonomy in Diversity Cases: URI v. Chesterton Co.

Date: Aug 17, 1993

Jurisdictional Autonomy in Diversity Cases: University of Rhode Island v. Chesterton Company Introduction The case of University of Rhode Island (URI) v. A.W. Chesterton Company addresses critical...

Requirement of Expert Testimony in Puerto Rico Medical Malpractice Cases: Insights from Rolon-Alvarado v. Municipality of San Juan

Date: Aug 10, 1993

Requirement of Expert Testimony in Puerto Rico Medical Malpractice Cases: Insights from Rolon-Alvarado v. Municipality of San Juan Introduction In the landmark case of Sandra Rolon-Alvarado v....

Reaffirming the Burden-Shifting Framework in Political Discrimination Claims: Franco Acevedo-Diaz v. Aponte

Date: Aug 4, 1993

Reaffirming the Burden-Shifting Framework in Political Discrimination Claims: Franco Acevedo-Diaz v. Aponte Introduction The case of Franco Acevedo-Diaz, et al. v. Jose E. Aponte, et al. addressed...

Independent Review and Holistic Evaluation of IEPs Under IDEA: Lenn v. Portland School Committee

Date: Jul 16, 1993

Independent Review and Holistic Evaluation of IEPs Under IDEA: Lenn v. Portland School Committee Introduction The case of DANIEL LENN, ETC., ET AL., PLAINTIFFS, APPELLANTS, v. PORTLAND SCHOOL...

Provisional Remedies in Bankruptcy: First Circuit Affirms Due Process in Ulpiano Unanue Casal Case

Date: Jul 8, 1993

Provisional Remedies in Bankruptcy: First Circuit Affirms Due Process in Ulpiano Unanue Casal Case 1. Introduction The case of In Re Ulpiano Unanue Casal, Debtor presents pivotal considerations...

Howard v. United States: Establishing Jurisdiction and Standards in Extradition Appeals under the U.S.-U.K. Supplementary Treaty

Date: Jul 1, 1993

Howard v. United States: Establishing Jurisdiction and Standards in Extradition Appeals under the U.S.-U.K. Supplementary Treaty Introduction The case of United States of America v. Curtis Andrew...

Superseding Indictment Relates Back to Original Filing Date for Statute of Limitations Purposes

Date: Jun 30, 1993

Superseding Indictment Relates Back to Original Filing Date for Statute of Limitations Purposes Introduction In the case of United States of America v. David S. O'Bryant, decided on June 29, 1993,...

Anticipatory Search Warrants and Fourth Amendment Protections: Analysis of United States v. Ricciardelli

Date: Jun 23, 1993

Anticipatory Search Warrants and Fourth Amendment Protections: Analysis of United States v. Ricciardelli Introduction United States v. Ricciardelli (998 F.2d 8) is a landmark case decided by the...

Establishing Standards for Sufficiency of Evidence and Admissibility of Grand Jury Testimony in Drug Conspiracy Cases: UNITED STATES v. KENNETH INNAMORATI et al. (1st Cir. 1993)

Date: Jun 18, 1993

Establishing Standards for Sufficiency of Evidence and Admissibility of Grand Jury Testimony in Drug Conspiracy Cases: UNITED STATES v. KENNETH INNAMORATI et al. (1st Cir. 1993) Introduction In the...

Establishing Guidelines for Reallocation of Court-Imposed Cost-Sharing in Mass Disaster Litigation

Date: Jun 5, 1993

Establishing Guidelines for Reallocation of Court-Imposed Cost-Sharing in Mass Disaster Litigation Introduction The case In Re Two Appeals Arising Out of the San Juan Dupont Plaza Hotel Fire...

Enhancing Judicial Discretion: Proper Analysis of Departures from Federal Sentencing Guidelines

Date: Jun 5, 1993

Enhancing Judicial Discretion: Proper Analysis of Departures from Federal Sentencing Guidelines Introduction The landmark decision in United States v. Mirna Rivera and United States v. Robert Adamo...

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