1st Circuit Case Commentaries

Affirmation of Personal Jurisdiction Standards in Legal Malpractice Actions: Sawtelles v. Farrell et al.

Date: Dec 6, 1995

Affirmation of Personal Jurisdiction Standards in Legal Malpractice Actions: Sawtelles v. Farrell et al. Introduction In the landmark case Arthur F. Sawtelle, et al. v. George E. Farrell, et al.,...

Timeliness of Section 1983 Claims: Precedence Set in McIntosh v. Thomas Antonino

Date: Dec 2, 1995

Timeliness of Section 1983 Claims: Precedence Set in McIntosh v. Thomas Antonino Introduction The case of McIntosh v. Thomas Antonino et al. (71 F.3d 29) addresses critical issues surrounding the...

Qualified Immunity Affirmed in Police Identification Requirements during Search Warrant Execution

Date: Dec 2, 1995

Qualified Immunity Affirmed in Police Identification Requirements during Search Warrant Execution Introduction In the case of Kathy St. Hilaire, Etc., Plaintiff, Appellant, v. City of Laconia, Et...

Affirming Vicarious Liability and Punitive Damages in Maritime Property Damage Cases: CEH, Inc. v. F/V SEAFARER

Date: Nov 29, 1995

Affirming Vicarious Liability and Punitive Damages in Maritime Property Damage Cases: CEH, Inc. v. F/V SEAFARER Introduction In the landmark case CEH, Inc. v. F/V SEAFARER, decided by the United...

André Grenier v. Cyanamid Plastics: ADA Compliance in Pre-Offer Medical Inquiries

Date: Nov 28, 1995

André Grenier v. Cyanamid Plastics: ADA Compliance in Pre-Offer Medical Inquiries Introduction The case of André Grenier v. Cyanamid Plastics, Inc. revolves around the interpretation and application...

Enforceability of Severance Agreements Excluding Long-Term Disability Benefits: Smart v. Gillette

Date: Nov 23, 1995

Enforceability of Severance Agreements Excluding Long-Term Disability Benefits: Smart v. Gillette Introduction Smart v. The Gillette Company Long-Term Disability Plan, 70 F.3d 173 (1st Cir. 1995), is...

Mandatory Asset Disclosure in Chapter 7 Bankruptcy: Implications from Jeffrey v. Desmond

Date: Nov 23, 1995

Mandatory Asset Disclosure in Chapter 7 Bankruptcy: Implications from Jeffrey v. Desmond Introduction John and Marsha Jeffrey filed for bankruptcy under Chapter 7 of the Bankruptcy Act on February...

Amount in Controversy and Subsequent Discoveries in Diversity Jurisdiction: Analysis of Coventry Sewage Associates v. Dworkin Realty Co.

Date: Nov 23, 1995

Amount in Controversy and Subsequent Discoveries in Diversity Jurisdiction: Analysis of Coventry Sewage Associates v. Dworkin Realty Co. Introduction The case of Coventry Sewage Associates, et al. v....

Legislative Immunity and First Amendment Rights: An Analysis of National Association of Social Workers v. Harwood

Date: Nov 14, 1995

Legislative Immunity and First Amendment Rights: An Analysis of National Association of Social Workers v. Harwood Introduction National Association of Social Workers, et al., Plaintiffs, Appellees,...

Establishing Survivor Rights under EMTALA: Correa v. Hospital San Francisco

Date: Nov 1, 1995

Establishing Survivor Rights under EMTALA: Correa v. Hospital San Francisco Introduction In the landmark case of Correa v. Hospital San Francisco, the United States Court of Appeals for the First...

Affirmation of Dismissal in Compelled Educational Attendance: Brown v. Hot, Sexy and Safer Productions

Date: Oct 24, 1995

Affirmation of Dismissal in Compelled Educational Attendance: Brown v. Hot, Sexy and Safer Productions Introduction Brown v. Hot, Sexy and Safer Productions, 68 F.3d 525 (1st Cir. 1995), is a pivotal...

Court Approval as a Condition Precedent for Lease Rejections under 11 U.S.C. § 365(a): Analysis of IN RE THINKING MACHINES CORPoration

Date: Oct 18, 1995

Court Approval as a Condition Precedent for Lease Rejections under 11 U.S.C. § 365(a): Analysis of IN RE THINKING MACHINES CORPoration Introduction The case of In re: Thinking Machines Corporation,...

Establishing Accrual Date for Section 1983 Claims in Malicious Prosecution Cases: Calero-Colon v. Betancourt-LeBron

Date: Oct 18, 1995

Establishing Accrual Date for Section 1983 Claims in Malicious Prosecution Cases: Calero-Colon v. Betancourt-LeBron Introduction The case of Calero-Colon v. Betancourt-LeBron addresses pivotal...

Reaffirmation of Mandamus Standards in Judicial Disqualification: In Re Cargill, Inc.

Date: Oct 11, 1995

Reaffirmation of Mandamus Standards in Judicial Disqualification: In Re Cargill, Inc. Introduction In Re Cargill, Inc. is a pivotal 1995 decision by the United States Court of Appeals for the First...

Yvonne Alexis v. McDonald's: Defining State Action in Section 1981 and Section 1983 Civil Rights Claims

Date: Oct 11, 1995

Yvonne Alexis v. McDonald's: Defining State Action in Section 1981 and Section 1983 Civil Rights Claims Introduction Yvonne A. Alexis, et al. filed a civil rights lawsuit against McDonald’s...

Notice of Likelihood vs. Practical Certainty: Aiding and Abetting Standards in United States v. Spinney

Date: Sep 20, 1995

Notice of Likelihood vs. Practical Certainty: Aiding and Abetting Standards in United States v. Spinney Introduction The case of United States of America v. Jeffrey W. Spinney, decided by the United...

Collateral Estoppel and Permanent Injunctions in Bankruptcy Reorganizations: Insights from Monarch Life Insurance Co. v. Ropes Gray

Date: Sep 14, 1995

Collateral Estoppel and Permanent Injunctions in Bankruptcy Reorganizations: Insights from Monarch Life Insurance Co. v. Ropes Gray Introduction The case of Monarch Life Insurance Company, et al. v....

Deliberate Indifference in Correctional Medical Care: Insights from Mahan v. Plymouth County House of Corrections

Date: Sep 8, 1995

Deliberate Indifference in Correctional Medical Care: Insights from Mahan v. Plymouth County House of Corrections Introduction The case of Richard Mahan and Felicia Mahan v. Plymouth County House of...

No Indemnification for Limited Partners in Absence of Attorney-Client Relationship: Hayes v. DEPCO

Date: Sep 8, 1995

No Indemnification for Limited Partners in Absence of Attorney-Client Relationship: Hayes v. DEPCO Introduction In the case Rhode Island Depositors Economic Protection Corp., et al. v. John A. Hayes...

Clarifying Procedural Arbitrability and Attorneys' Fees in Labor Arbitration: An Analysis of SEIU Local 285 v. Nonotuck Resource Associates, Inc.

Date: Sep 1, 1995

Clarifying Procedural Arbitrability and Attorneys' Fees in Labor Arbitration: An Analysis of SEIU Local 285 v. Nonotuck Resource Associates, Inc. Introduction The case of Local 285, Service Employees...