1st Circuit Case Commentaries

Retroactive Relief from Automatic Stay in Bankruptcy: Analysis of In re Soares

Date: Mar 11, 1997

Retroactive Relief from Automatic Stay in Bankruptcy: Analysis of In re Soares Introduction The case of In re: Napoleon G. Soares, Debtor vs. Brockton Credit Union presents a pivotal examination of...

Enhanced Pleading Standards in Securities Fraud: Suna and Rosen v. Bailey Corporation

Date: Feb 27, 1997

Enhanced Pleading Standards in Securities Fraud: Suna and Rosen v. Bailey Corporation Introduction In the landmark case of Suna and Rosen v. Bailey Corporation, the United States Court of Appeals for...

United States v. Bongiorno: Affirming the Child Support Recovery Act and Limiting FDCPA's Applicability

Date: Feb 8, 1997

United States v. Bongiorno: Affirming the Child Support Recovery Act and Limiting FDCPA's Applicability Introduction United States of America v. Frank P. Bongiorno, No. 96-1052, was adjudicated by...

First Circuit Rules Notice Prejudice Rule Does Not Apply to Financial Institution Bonds

Date: Feb 4, 1997

First Circuit Rules Notice Prejudice Rule Does Not Apply to Financial Institution Bonds Introduction Federal Deposit Insurance Corporation (FDIC), acting as the receiver for the failed Bank for...

Inference of Criminal Participation from Possession of Stolen Property: United States v. Rose and Verrill

Date: Jan 31, 1997

Inference of Criminal Participation from Possession of Stolen Property: United States v. Rose and Verrill Introduction The case of United States of America v. Jamie Rose and Norman Verrill, decided...

Expanding ADA Protections: Class Certification and Individual Liability in Guckenberger v. Boston University

Date: Jan 29, 1997

Expanding ADA Protections: Class Certification and Individual Liability in Guckenberger v. Boston University Introduction In the landmark case Elizabeth Guckenberger, et al. v. Boston University,...

Defining Disability and Retaliation Under the ADA: Analysis of Soileau v. Guilford of Maine, Inc.

Date: Jan 24, 1997

Defining Disability and Retaliation Under the ADA: Analysis of Soileau v. Guilford of Maine, Inc. Introduction In Randall J. Soileau v. Guilford of Maine, Inc., decided by the United States Court of...

Broad Preemption of State Law Claims Under the Carmack Amendment: Insights from Rini v. United Van Lines

Date: Jan 18, 1997

Broad Preemption of State Law Claims Under the Carmack Amendment: Insights from Rini v. United Van Lines, Inc. Introduction The case of Jane Rini v. United Van Lines, Inc. (104 F.3d 502) adjudicated...

Affirming Qualified Immunity and Equal Protection in Police Handling of Domestic Violence: Soto v. Flores (1997)

Date: Jan 14, 1997

Affirming Qualified Immunity and Equal Protection in Police Handling of Domestic Violence: Soto v. Flores (1997) Introduction Flor Maria Soto v. Carlos Flores, et al. is a pivotal case adjudicated by...

Affirmation of Probable Cause and Judicial Impartiality Standards: Logue v. Dore

Date: Jan 9, 1997

Affirmation of Probable Cause and Judicial Impartiality Standards: Logue v. Dore Introduction Logue v. Dore, 103 F.3d 1040 (1st Cir. 1997), is a significant appellate decision from the United States...

Trademark Infringement in Labor Campaigns: IAM v. Winship Green Nursing Center

Date: Dec 31, 1996

Trademark Infringement in Labor Campaigns: IAM v. Winship Green Nursing Center Introduction The case of The International Association of Machinists and Aerospace Workers (IAM) v. Winship Green...

Withdrawal from Conspiracy Not an Affirmative Defense: First Circuit Upholds Marijuana Distribution Conspiracy Conviction

Date: Dec 24, 1996

Withdrawal from Conspiracy Not an Affirmative Defense: First Circuit Upholds Marijuana Distribution Conspiracy Conviction Introduction The case of United States of America v. Chadwick Rogers (102...

Establishing the Necessity for Distinct Enterprise and Person in RICO Claims: Insights from Doyle v. Hasbro

Date: Dec 24, 1996

Establishing the Necessity for Distinct Enterprise and Person in RICO Claims: Insights from Doyle v. Hasbro Introduction The case of Patrick J. Doyle and H.P. Leasing, Inc. v. Hasbro, Inc.,...

NEPA Compliance in Loon Mountain Expansion: Adequate Alternatives and CWA Permit Requirements Established

Date: Dec 20, 1996

NEPA Compliance in Loon Mountain Expansion: Adequate Alternatives and CWA Permit Requirements Established Introduction The case of Roland C. Dubois and RESTORE: The North Woods v. Department of...

Preliminary Injunctions Uphold Non-Discrimination in Settlement Agreements: ROSS-SIMONS v. BACCARAT

Date: Dec 14, 1996

Preliminary Injunctions Uphold Non-Discrimination in Settlement Agreements: ROSS-SIMONS v. BACCARAT Introduction The case of ROSS-SIMONS OF WARWICK, INC., ET AL. v. BACCARAT, INC. centers around a...

Strict Adherence to Administrative Deadlines in Gender Discrimination Claims: Lawton v. State Mutual Life Assurance Co.

Date: Dec 3, 1996

Strict Adherence to Administrative Deadlines in Gender Discrimination Claims: Lawton v. State Mutual Life Assurance Co. Introduction In Lawton v. State Mutual Life Assurance Company of America, the...

Affirmation of Deliberate Indifference Standard for Supervisory Liability under 42 U.S.C. §1983: Sanchez v. Alvarado

Date: Dec 3, 1996

Affirmation of Deliberate Indifference Standard for Supervisory Liability under 42 U.S.C. §1983: Sanchez v. Alvarado Introduction Maria de los Angeles Sanchez ("Sanchez") filed a civil rights claim...

Brown University Title IX Compliance: Comprehensive Legal Commentary

Date: Nov 22, 1996

Brown University Title IX Compliance: Comprehensive Legal Commentary Introduction In the landmark case Amy Cohen, et al. v. Brown University, et al., the United States Court of Appeals for the First...

Substantive Due Process in Police Pursuit: Evans v. Avery Establishes 'Shock the Conscience' Standard

Date: Nov 21, 1996

Substantive Due Process in Police Pursuit: Evans v. Avery Establishes 'Shock the Conscience' Standard Introduction Evans v. Avery, 100 F.3d 1033 (1st Cir. 1996), is a pivotal case addressing the...

Discretionary Standards for Prejudgment Interest and Attorneys' Fees in ERISA Litigation: Insights from COTTRILL v. SPARROW, JOHNSON URSILLO, INC.

Date: Nov 20, 1996

Discretionary Standards for Prejudgment Interest and Attorneys' Fees in ERISA Litigation: Insights from COTTRILL v. SPARROW, JOHNSON URSILLO, INC. Introduction The case of Arthur T. COTTRILL v....