1st Circuit Case Commentaries

Validating IRS Tax Liens and Appellate Jurisdiction: Analysis of Geiselman v. United States

Date: Apr 1, 1992

Validating IRS Tax Liens and Appellate Jurisdiction: Analysis of Geiselman v. United States Introduction The case of Michael J. Geiselman, et al. v. United States of America, et al., adjudicated by...

Enforcement of FRCP 26(e): Preclusion of Expert Testimony for Late Discovery Compliance

Date: Mar 31, 1992

Enforcement of FRCP 26(e): Preclusion of Expert Testimony for Late Discovery Compliance Introduction In the case of Charles M. Thibeault v. Square D Company, decided by the United States Court of...

Classification of Felon-in-Possession as a Non-Violent Felony under 18 U.S.C. § 924(e)

Date: Mar 31, 1992

Classification of Felon-in-Possession as a Non-Violent Felony under 18 U.S.C. § 924(e) Introduction The case of United States v. Arthur L. Doe (960 F.2d 221) adjudicated by the United States Court of...

Strict Personal Jurisdiction and Veil-Piercing Standards Affirmed in ERISA Litigation against Foreign Parent Corporations

Date: Mar 31, 1992

Strict Personal Jurisdiction and Veil-Piercing Standards Affirmed in ERISA Litigation against Foreign Parent Corporations Introduction In the landmark case of United Electrical, Radio and Machine...

Affirmation of Statute of Limitations in Section 1983 Employment Termination Case

Date: Mar 24, 1992

Affirmation of Statute of Limitations in Section 1983 Employment Termination Case Introduction The case of Juan Rivera-Muriente v. Juan Agosto-Alicea et al. (959 F.2d 349) revolves around the...

Comprehensive Commentary on U.S. v. One Parcel of Real Property (1992)

Date: Mar 13, 1992

First Circuit Upholds Civil Forfeiture of Property Used in Marijuana Cultivation and Denies EAJA Fees to Innocent Owners Introduction In the landmark case of United States of America v. One Parcel of...

Deliberate Indifference and Municipal Liability Under Section 1983: Insights from Manarite v. City of Springfield

Date: Mar 6, 1992

Deliberate Indifference and Municipal Liability Under Section 1983: Insights from Manarite v. City of Springfield Introduction Manarite v. City of Springfield is a pivotal case adjudicated by the...

First Circuit Establishes Contractor Obligation in Joint Lending Agreements

Date: Mar 6, 1992

First Circuit Establishes Contractor Obligation in Joint Lending Agreements Introduction In the landmark case Garita Hotel Limited Partnership v. Ponce Federal Bank, the United States Court of...

Sentencing Enhancement and Guideline Amendments in Money Laundering: Insights from United States v. Connell

Date: Feb 27, 1992

Sentencing Enhancement and Guideline Amendments in Money Laundering: Insights from United States v. Connell Introduction United States of America v. Gerald Connell, 960 F.2d 191 (1st Cir. 1992),...

Qualified Immunity for Contracted State Actors in Parental Rights Interference: Frazier v. Bailey

Date: Feb 25, 1992

Qualified Immunity for Contracted State Actors in Parental Rights Interference: Frazier v. Bailey Introduction Frazier v. Bailey is a significant case decided by the United States Court of Appeals...

Appellate Review of Counterclaims and Fraudulent Concealment Standards: Insights from Putnam Resources v. Pateman

Date: Feb 21, 1992

Appellate Review of Counterclaims and Fraudulent Concealment Standards: Insights from Putnam Resources v. Pateman Introduction Putnam Resources, Ltd., a Connecticut-based precious metals vendor,...

Estoppel and Statutory Penalties under ERISA: Analysis of Donald Law v. Ernst Young

Date: Feb 13, 1992

Estoppel and Statutory Penalties under ERISA: Analysis of Donald Law v. Ernst Young Introduction Donald Law v. Ernst Young, etc., 956 F.2d 364 (1st Cir. 1992) is a pivotal case in the realm of...

Clarifying Scope of Employment and Discretionary Function Exceptions in FTCA Claims: Attallah v. United States

Date: Feb 6, 1992

Clarifying Scope of Employment and Discretionary Function Exceptions in FTCA Claims: Attallah v. United States Introduction The case of Elias Attallah, Violeta Lajam de Attallah, and the Conjugal...

Reaffirming the Burdens of Proof in Bankruptcy Discharge Proceedings: In Re Philip N. Burgess, Jr.

Date: Feb 1, 1992

Reaffirming the Burdens of Proof in Bankruptcy Discharge Proceedings: In Re Philip N. Burgess, Jr. Introduction The case of In Re Philip N. Burgess, Jr. involves complex bankruptcy proceedings in...

Woburn Associates v. Herbert C. Kahn: Clarifying the Scope of Administrative Expense Priority for Prepetition Indemnification Claims in Chapter 7 Liquidations

Date: Jan 17, 1992

Woburn Associates v. Herbert C. Kahn: Clarifying the Scope of Administrative Expense Priority for Prepetition Indemnification Claims in Chapter 7 Liquidations Introduction The case of Woburn...

Protected Expressions of Opinion in Defamation: Phantom Touring, Inc. v. Affiliated Publications

Date: Jan 11, 1992

Protected Expressions of Opinion in Defamation: Phantom Touring, Inc. v. Affiliated Publications Introduction In Phantom Touring, Inc. v. Affiliated Publications, et al., the United States Court of...

Affirmation of the Requirement for a Meritorious Claim in Rule 60(b)(6) Motions: Teamsters v. Superline Transportation Co.

Date: Jan 8, 1992

Affirmation of the Requirement for a Meritorious Claim in Rule 60(b)(6) Motions: Teamsters v. Superline Transportation Co. Introduction The case of Teamsters, Chauffeurs, Warehousemen and Helpers...

Affirmation of ALJ’s Residual Functional Capacity Assessment in Social Security Disability Determination

Date: Dec 31, 1991

Affirmation of ALJ’s Residual Functional Capacity Assessment in Social Security Disability Determination Introduction In the landmark case of Ramonita Cintron Perez v. Secretary of Health and Human...

Clarifying the Boundaries of "Sufficient Excuse" in Bail-Jumping Statutes: Insights from Love v. Butler

Date: Dec 20, 1991

Clarifying the Boundaries of "Sufficient Excuse" in Bail-Jumping Statutes: Insights from Love v. Butler Introduction Alvin Love v. Norman Butler is a pivotal case decided by the United States Court...

Affirmation of Summary Judgment in MESNICK v. GENERAL ELECTRIC CO.: Clarifying the Burden-Shifting Framework under ADEA and Rule 56

Date: Dec 17, 1991

Affirmation of Summary Judgment in MESNICK v. GENERAL ELECTRIC CO.: Clarifying the Burden-Shifting Framework under ADEA and Rule 56 Introduction In MESNICK v. GENERAL ELECTRIC COmpany, 950 F.2d 816...

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