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  • Commentaries
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1st Circuit Case Commentaries

Limitations on Eleventh Amendment Immunity: Insurers Cannot Shield Themselves When Sued Under Direct Action Statute

Limitations on Eleventh Amendment Immunity: Insurers Cannot Shield Themselves When Sued Under Direct Action Statute

Date: Apr 20, 1991
Limitations on Eleventh Amendment Immunity: Insurers Cannot Shield Themselves When Sued Under Direct Action Statute Introduction The case of Pablo de Leon Lopez v. Corporacion Insular de Seguros (931...
Application of Summary Judgment in Academic Tenure Discrimination: Villanueva v. Wellesley College

Application of Summary Judgment in Academic Tenure Discrimination: Villanueva v. Wellesley College

Date: Apr 20, 1991
Application of Summary Judgment in Academic Tenure Discrimination: Villanueva v. Wellesley College Introduction Villanueva v. Wellesley College, 930 F.2d 124 (1st Cir. 1991), is a pivotal case...
Adherence to Rule 9(b) in Securities Fraud Litigation: Insights from Romani v. Shearson Lehman Hutton

Adherence to Rule 9(b) in Securities Fraud Litigation: Insights from Romani v. Shearson Lehman Hutton

Date: Apr 9, 1991
Adherence to Rule 9(b) in Securities Fraud Litigation: Insights from Romani v. Shearson Lehman Hutton Introduction In the landmark case Romani v. Shearson Lehman Hutton, 929 F.2d 875 (1st Cir. 1991),...
Strict Compliance with Rule 4(c)(2)(C)(ii) Essential for Establishing Personal Jurisdiction: Media Duplication Services Ltd. v. HDG Software Inc.

Strict Compliance with Rule 4(c)(2)(C)(ii) Essential for Establishing Personal Jurisdiction: Media Duplication Services Ltd. v. HDG Software Inc.

Date: Mar 28, 1991
Strict Compliance with Rule 4(c)(2)(C)(ii) Essential for Establishing Personal Jurisdiction: Media Duplication Services Ltd. v. HDG Software Inc. Introduction Media Duplication Services, Ltd. v. HDG...
Community Caretaking and Canine Sniff Tests: Clarifying Fourth Amendment Protections in United States v. Rodriguez-Morales

Community Caretaking and Canine Sniff Tests: Clarifying Fourth Amendment Protections in United States v. Rodriguez-Morales

Date: Mar 28, 1991
Community Caretaking and Canine Sniff Tests: Clarifying Fourth Amendment Protections in United States v. Rodriguez-Morales Introduction United States of America v. Osvaldo Rodriguez-Morales is a...
Enhancing the Integrity of Criminal Proceedings: The Duty of Timely Disclosure of Exculpatory Evidence in UNITED STATES v. LORENZO OSORIO

Enhancing the Integrity of Criminal Proceedings: The Duty of Timely Disclosure of Exculpatory Evidence in UNITED STATES v. LORENZO OSORIO

Date: Mar 27, 1991
Enhancing the Integrity of Criminal Proceedings: The Duty of Timely Disclosure of Exculpatory Evidence in United States v. Lorenzo Osorio Introduction In the landmark case of United States v. Lorenzo...
Affirmation of Dismissal for Discovery Non-Compliance: Marx v. Kelly, Hart Hallman, P.C. et al.

Affirmation of Dismissal for Discovery Non-Compliance: Marx v. Kelly, Hart Hallman, P.C. et al.

Date: Mar 27, 1991
Affirmation of Dismissal for Discovery Non-Compliance: Marx v. Kelly, Hart Hallman, P.C. et al. Introduction In James M. Marx v. Kelly, Hart Hallman, P.C., d/b/a Kelly, Appleman, Hart and Hallman, et...
Rodriguez v. United States: Establishing Standards for Conflict of Interest in Legal Representation

Rodriguez v. United States: Establishing Standards for Conflict of Interest in Legal Representation

Date: Mar 19, 1991
Rodriguez v. United States: Establishing Standards for Conflict of Interest in Legal Representation Introduction United States v. Carlos Rodriguez Rodriguez (929 F.2d 747, 1991) is a pivotal case...
Affirmation of Due Process and Equal Protection Standards in § 1983 Claims: PFZ Properties, Inc. v. Rodriguez

Affirmation of Due Process and Equal Protection Standards in § 1983 Claims: PFZ Properties, Inc. v. Rodriguez

Date: Mar 19, 1991
Affirmation of Due Process and Equal Protection Standards in § 1983 Claims: PFZ Properties, Inc. v. Rodriguez Introduction The case of PFZ Properties, Inc. v. Rene Alberto Rodriguez (928 F.2d 28,...
Limitations on Vicarious Liability of Law Firms for Partners' Personal Business: Sheinkopf v. Stone

Limitations on Vicarious Liability of Law Firms for Partners' Personal Business: Sheinkopf v. Stone

Date: Mar 8, 1991
Limitations on Vicarious Liability of Law Firms for Partners' Personal Business: Sheinkopf v. Stone Introduction The case of Warren B. Sheinkopf v. John K.P. Stone III, decided by the United States...
Informed Plea Requirements under Rule 11: Insights from United States v. Allard

Informed Plea Requirements under Rule 11: Insights from United States v. Allard

Date: Mar 1, 1991
Informed Plea Requirements under Rule 11: Insights from United States v. Allard Introduction United States v. Raymond P. Allard, 926 F.2d 1237 (1st Cir. 1991), serves as a pivotal case in...
Equitable Subordination and Fraudulent Transfers in Bankruptcy: Insights from MAX SUGARMAN FUNERAL HOME, INC. v. A.D.B. INVESTORS

Equitable Subordination and Fraudulent Transfers in Bankruptcy: Insights from MAX SUGARMAN FUNERAL HOME, INC. v. A.D.B. INVESTORS

Date: Mar 1, 1991
Equitable Subordination and Fraudulent Transfers in Bankruptcy: Insights from MAX SUGARMAN FUNERAL HOME, INC. v. A.D.B. INVESTORS Introduction The case of Max Sugarman Funeral Home, Inc., et al. v....
Reaffirming the Sufficiency of Circumstantial Evidence in Drug Conspiracy Convictions: Analysis of UNITED STATES OF AMERICA v. JOHNNY RAFAEL BATISTA-POLANCO

Reaffirming the Sufficiency of Circumstantial Evidence in Drug Conspiracy Convictions: Analysis of UNITED STATES OF AMERICA v. JOHNNY RAFAEL BATISTA-POLANCO

Date: Mar 1, 1991
Reaffirming the Sufficiency of Circumstantial Evidence in Drug Conspiracy Convictions: Analysis of UNITED STATES OF AMERICA v. JOHNNY RAFAEL BATISTA-POLANCO Introduction The case of UNITED STATES OF...
Substantive Due Process and Family Associational Privacy: Pittsley v. Warish

Substantive Due Process and Family Associational Privacy: Pittsley v. Warish

Date: Feb 28, 1991
Substantive Due Process and Family Associational Privacy: Pittsley v. Warish Introduction Pittsley v. Warish, 927 F.2d 3 (1st Cir. 1991), is a pivotal case addressing the boundaries of substantive...
Judicial Scrutiny of Fee Applications in Class Action Discontinuances: The Weinberger v. Great Northern Nekoosa Decision

Judicial Scrutiny of Fee Applications in Class Action Discontinuances: The Weinberger v. Great Northern Nekoosa Decision

Date: Feb 12, 1991
Judicial Scrutiny of Fee Applications in Class Action Discontinuances: The Weinberger v. Great Northern Nekoosa Decision Introduction The case of William Weinberger, et al. v. Great Northern Nekoosa...
Establishing Burden of Proof in ADEA Age Discrimination Cases: Connell v. Bank of Boston

Establishing Burden of Proof in ADEA Age Discrimination Cases: Connell v. Bank of Boston

Date: Jan 29, 1991
Establishing Burden of Proof in ADEA Age Discrimination Cases: Connell v. Bank of Boston 1. Introduction Thomas B. Connell v. Bank of Boston and John S. Ingalls, 924 F.2d 1169 (1st Cir. 1991),...
Reinforcing Res Judicata: The Importance of Asserting All Jurisdictional Bases in Initial Litigation – Kale v. Combined Insurance

Reinforcing Res Judicata: The Importance of Asserting All Jurisdictional Bases in Initial Litigation – Kale v. Combined Insurance

Date: Jan 26, 1991
Reinforcing Res Judicata: The Importance of Asserting All Jurisdictional Bases in Initial Litigation – Kale v. Combined Insurance Introduction The case of Carl Kale v. Combined Insurance Company of...
Clarifying Primary and Other Insurance Obligations in Indemnification Claims: CNA vs. CUI and UMass

Clarifying Primary and Other Insurance Obligations in Indemnification Claims: CNA vs. CUI and UMass

Date: Jan 26, 1991
Clarifying Primary and Other Insurance Obligations in Indemnification Claims: CNA vs. CUI and UMass Introduction The case of Continental Casualty Co. v. Canadian Universal Insurance Co. presents a...
Torraco v. Maloney: Clarifying the Standard for Deliberate Indifference to Inmate Mental Health under the Eighth Amendment

Torraco v. Maloney: Clarifying the Standard for Deliberate Indifference to Inmate Mental Health under the Eighth Amendment

Date: Jan 19, 1991
Torraco v. Maloney: Clarifying the Standard for Deliberate Indifference to Inmate Mental Health under the Eighth Amendment Introduction The case ELLEN TORRACO, ETC., PLAINTIFF, APPELLANT, v. MICHAEL...
Substitution of the United States and the Discretionary Function Exception under the FTCA: An Analysis of Kelly v. United States

Substitution of the United States and the Discretionary Function Exception under the FTCA: An Analysis of Kelly v. United States

Date: Jan 18, 1991
Substitution of the United States and the Discretionary Function Exception under the FTCA: An Analysis of Kelly v. United States Introduction John L. Kelly v. United States of America, 924 F.2d 355...
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