1st Circuit Case Commentaries

Balancing First Amendment Protections and Political Affiliation in Public Employment: Insights from O'Connor v. Steeves

Date: May 29, 1993

Balancing First Amendment Protections and Political Affiliation in Public Employment: Insights from O'Connor v. Steeves Introduction The case PATRICK J. O'CONNOR v. ROBERT W. STEEVES, ET AL. (994...

Successor and Parent Company Liability under CERCLA: Insights from The Boyd Company v. Boston Gas

Date: May 27, 1993

Successor and Parent Company Liability under CERCLA: Insights from The Boyd Company v. Boston Gas Introduction The case of The John S. Boyd Company, Inc., et al. v. Boston Gas Company, et al. (992...

Appellate Jurisdiction and Procedural Fairness in Perez-Perez v. Popular Leasing Rental, Inc.

Date: May 26, 1993

Appellate Jurisdiction and Procedural Fairness in Perez-Perez v. Popular Leasing Rental, Inc. Introduction Perez-Perez v. Popular Leasing Rental, Inc. is a landmark case adjudicated by the United...

Affirmed: Massachusetts IOLTA Program Upheld as Constitutional

Date: May 21, 1993

Affirmed: Massachusetts IOLTA Program Upheld as Constitutional Introduction In the landmark case Washington Legal Foundation, et al., Plaintiffs, Appellants, v. Massachusetts Bar Foundation, et al.,...

High Threshold for Rule 60(b)(6) Relief Affirmed in Cotto v. United States

Date: May 20, 1993

High Threshold for Rule 60(b)(6) Relief Affirmed in Cotto v. United States Introduction Cotto and Torres v. United States of America (993 F.2d 274) is a pivotal case adjudicated by the United States...

IN RE HEMINGWAY TRANSPORT, INC.: Bankruptcy §502(e)(1)(B) and CERCLA Claims

Date: May 5, 1993

IN RE HEMINGWAY TRANSPORT, INC.: Bankruptcy §502(e)(1)(B) and CERCLA Claims Introduction The case of IN RE HEMINGWAY TRANSPORT, INC., et al., Debtors, embroils complex intersections between...

Eleventh Amendment Immunity for State Agencies: Insights from Metcalf Eddy, Inc. v. PRASA

Date: May 4, 1993

Eleventh Amendment Immunity for State Agencies: Insights from Metcalf Eddy, Inc. v. PRASA Introduction Metcalf Eddy, Inc., Plaintiff-Appellee v. Puerto Rico Aqueduct and Sewer Authority (PRASA),...

Affirming Title IX Protections: The Landmark Decision in Cohen v. Brown University

Date: Apr 17, 1993

Affirming Title IX Protections: The Landmark Decision in Cohen v. Brown University Introduction Cohen v. Brown University, 991 F.2d 888 (1st Cir. 1993), is a pivotal case in the landscape of gender...

Qualified Immunity and Equitable Relief in First Amendment Employment Disputes

Date: Apr 15, 1993

Qualified Immunity and Equitable Relief in First Amendment Employment Disputes Introduction Carmen Nereida-Gonzalez v. Cirilo Tirado-Delgado, et al., 990 F.2d 701 (1st Cir. 1993), presents a pivotal...

Federal Courts' Authority Over State Insolvency Proceedings: Insights from Fragoso v. Lopez

Date: Apr 6, 1993

Federal Courts' Authority Over State Insolvency Proceedings: Insights from Fragoso v. Lopez Introduction Fragoso v. Lopez, 991 F.2d 878 (1st Cir. 1993), is a seminal appellate decision that...

Enhancement for Obstruction of Justice Requires Explicit Findings of Perjury: U.S. v. Tracy Commentary

Date: Mar 30, 1993

Enhancement for Obstruction of Justice Requires Explicit Findings of Perjury: U.S. v. Tracy Commentary Introduction In the landmark case of United States of America v. John L. Tracy, 989 F.2d 1279...

Enhancing Drug Quantity Determination in Sentencing: Insights from United States v. Barnett and Jordan

Date: Mar 30, 1993

Enhancing Drug Quantity Determination in Sentencing: Insights from United States v. Barnett and Jordan Introduction In the landmark case of United States of America v. Michael Barnett and Barry...

Affirmation of Policy Term Limitations: Post-Expiration Damage Not Covered in San Juan Dupont Plaza Hotel Fire Litigation

Date: Mar 30, 1993

Affirmation of Policy Term Limitations: Post-Expiration Damage Not Covered in San Juan Dupont Plaza Hotel Fire Litigation Introduction The San Juan Dupont Plaza Hotel Fire Litigation serves as a...

Balancing Discovery Protection and Public Access: An Analysis of Poliquin v. Garden Way, Inc.

Date: Mar 25, 1993

Balancing Discovery Protection and Public Access: An Analysis of Poliquin v. Garden Way, Inc. Introduction The case of Richard and Anita Poliquin, Plaintiffs-Appellants, v. Garden Way, Inc.,...

Affirmation of Judicial Authority to Impose Sanctions and Attorney Fees in Bad Faith Litigation: Jones v. Winnepesaukee Realty

Date: Mar 13, 1993

Affirmation of Judicial Authority to Impose Sanctions and Attorney Fees in Bad Faith Litigation: Jones v. Winnepesaukee Realty Introduction Jones v. Winnepesaukee Realty, United States Court of...

Reaffirming the 'Law of the Case' Doctrine: Insights from United States v. Bell

Date: Mar 10, 1993

Reaffirming the 'Law of the Case' Doctrine: Insights from United States v. Bell Introduction United States of America v. Richard Harmon Bell, 988 F.2d 247 (1st Cir. 1993), is a pivotal case that...

Enforcing Federal Protections: Implications of Casa Marie, Inc. v. Superior Court of Puerto Rico

Date: Mar 10, 1993

Enforcing Federal Protections: Implications of Casa Marie, Inc. v. Superior Court of Puerto Rico Introduction The case of Casa Marie, Inc., et al. v. Superior Court of Puerto Rico for the District of...

Affirmation of Actual Notice and Opportunity to Correct as Prerequisites to Municipal Liability for Road Hazards in New Hampshire

Date: Mar 6, 1993

Affirmation of Actual Notice and Opportunity to Correct as Prerequisites to Municipal Liability for Road Hazards in New Hampshire Introduction The case of Boston Maine Corporation v. Town of Hampton...

Affirmation of Defense Counsel's Tactical Decisions in Waiving Defendant's Testimonial Rights: United States v. Lema

Date: Mar 4, 1993

Affirmation of Defense Counsel's Tactical Decisions in Waiving Defendant's Testimonial Rights: United States v. Lema Introduction United States v. Lema, 987 F.2d 48 (1st Cir. 1993), addresses...

Clarifying Diversity Jurisdiction: Maintaining Separate Corporate Identities in Partnerships

Date: Mar 4, 1993

Clarifying Diversity Jurisdiction: Maintaining Separate Corporate Identities in Partnerships Introduction The case of Taber Partners I v. Merit Builders, Inc. addresses a pivotal issue in federal...

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