1st Circuit Case Commentaries

Affirming Non-Testifying Physicians' Reports in Residual Functional Capacity Assessments: Berrios Lopez v. HHS

Date: Dec 13, 1991

Affirming Non-Testifying Physicians' Reports in Residual Functional Capacity Assessments: Berrios Lopez v. HHS Introduction In the case of Paulina Berrios Lopez v. Secretary of Health and Human...

Substantial Evidence Standard and Impairment Assessment in Disability Benefits: Ortiz v. Secretary of Health and Human Services

Date: Dec 10, 1991

Substantial Evidence Standard and Impairment Assessment in Disability Benefits Ortiz v. Secretary of Health and Human Services, 955 F.2d 765 (1st Cir. 1991) Introduction Ortiz v. Secretary of Health...

Strict Enforcement of Appeal Timelines and Limits on Excusable Neglect in Bankruptcy Contempt: Eck v. Dodge Chemical Co.

Date: Nov 28, 1991

Strict Enforcement of Appeal Timelines and Limits on Excusable Neglect in Bankruptcy Contempt: Eck v. Dodge Chemical Co. Introduction The case of David W. Eck v. Dodge Chemical Company presents a...

Clarifying Organizational Leadership and Extensiveness Under U.S.S.G. § 3B1.1(a): Commentary on United States v. William A. Dietz

Date: Nov 28, 1991

Clarifying Organizational Leadership and Extensiveness Under U.S.S.G. § 3B1.1(a): Commentary on United States v. William A. Dietz Introduction United States of America v. William A. Dietz, 950 F.2d...

ERISA’s Supremacy over State Mechanics' Lien Laws Affirmed in McCoy v. MIT

Date: Nov 20, 1991

ERISA’s Supremacy over State Mechanics' Lien Laws Affirmed in McCoy v. MIT Introduction The case of James L. McCoy, Administrator of the Electrical Workers Trust Funds, etc., Plaintiff, Appellant, v....

Exhaustion of State Remedies and Preemption in Federal Habeas Corpus: An Analysis of Tart v. Commonwealth of Massachusetts

Date: Nov 16, 1991

Exhaustion of State Remedies and Preemption in Federal Habeas Corpus: An Analysis of Tart v. Commonwealth of Massachusetts Introduction The case of Wesley P. Tart v. Commonwealth of Massachusetts...

Affirmation of Deliberate Indifference Standard in Eighth Amendment Prisoner Medical Care Claims: DesRosiers v. Moran

Date: Nov 16, 1991

Affirmation of Deliberate Indifference Standard in Eighth Amendment Prisoner Medical Care Claims: DesRosiers v. Moran Introduction In the landmark case Steven M. DesRosiers v. John J. Moran et al....

Clarissa Miranda v. Ponce Federal Bank: Defining the Boundaries of Civil RICO Claims

Date: Oct 30, 1991

Clarissa Miranda v. Ponce Federal Bank: Defining the Boundaries of Civil RICO Claims Introduction Clarissa Miranda et al. v. Ponce Federal Bank et al., 948 F.2d 41 (1st Cir. 1991), presents a pivotal...

Independent Review and Individualized Analysis in Pretrial Detention: Insights from United States v. Patriarca

Date: Oct 29, 1991

Independent Review and Individualized Analysis in Pretrial Detention: Insights from United States v. Patriarca Introduction United States v. Raymond J. Patriarca, 948 F.2d 789 (1st Cir. 1991), is a...

Establishing Municipal Indifference in Police Brutality: Foley v. City of Lowell

Date: Oct 24, 1991

Establishing Municipal Indifference in Police Brutality: Foley v. City of Lowell Introduction Foley v. City of Lowell is a landmark case adjudicated by the United States Court of Appeals for the...

Clarity in Judicial Orders: The Project B.A.S.I.C. v. Kemp Contempt Reversal

Date: Oct 18, 1991

Clarity in Judicial Orders: The Project B.A.S.I.C. v. Kemp Contempt Reversal Introduction The case of Project B.A.S.I.C., Plaintiff, Appellee, v. Jack Kemp, Secretary of Housing and Urban...

Establishing Domicile for Diversity Jurisdiction: Insights from Lundquist v. Precision Valley Aviation

Date: Oct 2, 1991

Establishing Domicile for Diversity Jurisdiction: Insights from Lundquist v. Precision Valley Aviation Introduction The case of Courtney J. Lundquist v. Precision Valley Aviation, Inc., decided by...

Qualified Immunity Affirmed for Visual Body Cavity Searches During Prison Emergencies

Date: Sep 27, 1991

Qualified Immunity Affirmed for Visual Body Cavity Searches During Prison Emergencies Introduction Cookish v. Powell et al. (945 F.2d 441, 1st Cir. 1991) is a pivotal case that addresses the...

Remand for Comprehensive Evidence Development in Disability Claims: Heggarty v. Sullivan

Date: Sep 26, 1991

Remand for Comprehensive Evidence Development in Disability Claims: Heggarty v. Sullivan Introduction In Heggarty v. Sullivan, 947 F.2d 990 (1st Cir. 1991), the United States Court of Appeals for the...

Expectation of Privacy in Non-Owned Vehicle Searches: Analysis of United States v. Sanchez

Date: Aug 28, 1991

Expectation of Privacy in Non-Owned Vehicle Searches: Analysis of United States v. Sanchez Introduction The case of United States of America v. Erwin Sanchez (943 F.2d 110) examines critical issues...

Affirmation of Sua Sponte Dismissal for Time-Barred Civil Rights Claims under 28 U.S.C. §1915(d) in Johnson v. Rodriguez et al.

Date: Aug 24, 1991

Affirmation of Sua Sponte Dismissal for Time-Barred Civil Rights Claims under 28 U.S.C. §1915(d) in Johnson v. Rodriguez et al. Introduction Johnson v. Rodriguez et al. is a pivotal case decided by...

Exhaustion of Internal Remedies and Jurisdictional Requirements: Insights from Department of Recreation and Sports of Puerto Rico v. World Boxing Association

Date: Aug 22, 1991

Exhaustion of Internal Remedies and Jurisdictional Requirements: Insights from Department of Recreation and Sports of Puerto Rico v. World Boxing Association Introduction The case of Department of...

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