1st Circuit Case Commentaries

Rumford Pharmacy v. City of East Providence: Affirming the Necessity of Demonstrating Unavailable Adequate State Remedies in §1983 Due Process Claims

Date: Aug 1, 1992

Rumford Pharmacy v. City of East Providence: Affirming the Necessity of Demonstrating Unavailable Adequate State Remedies in §1983 Due Process Claims Introduction Rumford Pharmacy, Inc. v. City of...

Clarifying Creditor Joinder and Good Faith Standards in Involuntary Chapter 11 Cases: In Re LaRoche

Date: Jul 18, 1992

Clarifying Creditor Joinder and Good Faith Standards in Involuntary Chapter 11 Cases: In Re LaRoche Introduction In Re LaRoche, 969 F.2d 1299 (1st Cir. 1992), addresses critical issues pertaining to...

Affirmation of Corps' Section 404 Permit Decision: Deference to Environmental Assessments and Practicable Alternatives

Date: Jul 16, 1992

Affirmation of Corps' Section 404 Permit Decision: Deference to Environmental Assessments and Practicable Alternatives Introduction The case of TOWN OF NORFOLK AND TOWN OF WALPOLE, PLAINTIFFS,...

Equitable Subordination and Federal Defenses in Bank Receivership: Insights from In Re 604 Columbus Avenue Realty Trust

Date: Jun 20, 1992

Equitable Subordination and Federal Defenses in Bank Receivership: Insights from In Re 604 Columbus Avenue Realty Trust Introduction The case of In Re 604 Columbus Avenue Realty Trust, Debtor....

Distinguishing Regulatory Fees from Taxes: San Juan Cellular v. PSCPR Establishes Clear Criteria

Date: Jun 13, 1992

Distinguishing Regulatory Fees from Taxes: San Juan Cellular v. Public Service Commission of Puerto Rico Establishes Clear Criteria Introduction In San Juan Cellular Telephone Company, etc.,...

Establishing Culpable Presence at Point of Sale: Analysis of U.S. v. Ortiz and Nunez

Date: Jun 11, 1992

Establishing Culpable Presence at Point of Sale: Analysis of U.S. v. Ortiz and Nunez Introduction In the landmark case of United States of America v. Ruben Ortiz De Jesus and Felix Nunez Molina,...

Affirmation of Summary Dismissal in Section 2255 Motions: Barrett v. United States, 965 F.2d 1184

Date: Jun 9, 1992

Affirmation of Summary Dismissal in Section 2255 Motions: Barrett v. United States, 965 F.2d 1184 Introduction In the landmark case of Barrett v. United States, 965 F.2d 1184 (1st Cir. 1992), the...

Gar-Tec Products, Inc. v. Boits: Establishing Limits on Stream of Commerce in Personal Jurisdiction

Date: Jun 6, 1992

Gar-Tec Products, Inc. v. Boits: Establishing Limits on Stream of Commerce in Personal Jurisdiction Introduction Gar-Tec Products, Inc. v. Boits, 967 F.2d 671 (1st Cir. 1992), is a pivotal case in...

Federal Courts Retain Jurisdiction Over Pending Litigation Against Failed Financial Institutions Post-FDIC Receivership

Date: May 16, 1992

Federal Courts Retain Jurisdiction Over Pending Litigation Against Failed Financial Institutions Post-FDIC Receivership Introduction In the landmark case Marquis et al. v. Federal Deposit Insurance...

Reinforcing Timeliness Constraints on Intervention: Banco Popular de Puerto Rico v. Greenblatt

Date: May 14, 1992

Reinforcing Timeliness Constraints on Intervention: Banco Popular de Puerto Rico v. Greenblatt Introduction The case of BANCO POPULAR de PUERTO RICO, PLAINTIFF, APPELLEE, v. DAVID GREENBLATT, ET AL.,...

Finality in Arbitration Orders: Insights from Corion Corporation v. Gih-Horng Chen

Date: May 13, 1992

Finality in Arbitration Orders: Insights from Corion Corporation v. Gih-Horng Chen Introduction Corion Corporation v. Gih-Horng Chen, 964 F.2d 55 (1st Cir. 1992), addresses a pivotal issue in...

Clarifying the Burden of Proof in Diversity Jurisdiction: Insights from Bank One v. Montle

Date: May 13, 1992

Clarifying the Burden of Proof in Diversity Jurisdiction: Insights from Bank One v. Montle Introduction Bank One, Texas, N.A. v. Paul J. Montle (964 F.2d 48, 1st Cir. 1992) is a pivotal case that...

Declaratory Judgment Discretion in Access to Public Records: El Dia, Inc. v. Hernandez Colon

Date: May 8, 1992

Declaratory Judgment Discretion in Access to Public Records: El Dia, Inc. v. Hernandez Colon Introduction The case of El Dia, Inc., et al. v. Rafael Hernandez Colon (963 F.2d 488), adjudicated by the...

First Amendment Protections in Land Use Permit Denials: Insights from Colon Medina Sucesores v. Custodio

Date: May 8, 1992

First Amendment Protections in Land Use Permit Denials: Insights from Colon Medina Sucesores, Inc. v. Custodio Introduction Colon Medina Sucesores, Inc., et al. v. Patria G. Custodio, et al. (964...

Finality and the Mootness Doctrine in Bankruptcy Reorganization: Insights from PSNH v. Northeast Utilities

Date: May 7, 1992

Finality and the Mootness Doctrine in Bankruptcy Reorganization: Insights from PSNH v. Northeast Utilities Introduction The case of In re Public Service Company of New Hampshire, Debtor. Martin...

Strict Appellate Standing Requirements for Non-Parties in Bankruptcy Adversary Proceedings

Date: Apr 30, 1992

Strict Appellate Standing Requirements for Non-Parties in Bankruptcy Adversary Proceedings Introduction The case In Re Christina Thompson, Debtor et al. v. Charles M. Malkemus, decided by the United...

Standing Requirements for Intervenors in CERCLA Litigation: Insights from United States v. AVX Corporation

Date: Apr 22, 1992

Standing Requirements for Intervenors in CERCLA Litigation: Insights from United States v. AVX Corporation Introduction The case of United States of America, et al. v. AVX Corporation, et al.,...

Monahan v. Dorchester Counseling Center: Reaffirming DeShaney's Constraints on §1983 Due Process Claims for Voluntary Commitments

Date: Apr 16, 1992

Monahan v. Dorchester Counseling Center: Reaffirming DeShaney's Constraints on §1983 Due Process Claims for Voluntary Commitments Introduction Monahan v. Dorchester Counseling Center, Inc., et al.,...

Entitlement to Reinstated Appeal Without Merit Requirement in Cases of Counsel Dereliction: Bonneau v. United States (1st Cir. 1992)

Date: Apr 7, 1992

Entitlement to Reinstated Appeal Without Merit Requirement in Cases of Counsel Dereliction: Bonneau v. United States (1st Cir. 1992) Introduction The case of Dennis Bonneau v. United States of...

Government's Obligation to Uphold Plea Agreements: Insights from UNITED STATES v. BARNEY CANADA

Date: Apr 3, 1992

Government's Obligation to Uphold Plea Agreements: Insights from UNITED STATES v. BARNEY CANADA Introduction In the landmark case of UNITED STATES OF AMERICA v. BARNEY CANADA, 960 F.2d 263 (1st Cir....

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