1st Circuit Case Commentaries

Statute of Limitations Applied to False Claims Act Action in Fraudulent Mortgage Insurance Case

Date: Jun 7, 1995

Statute of Limitations Applied to False Claims Act Action in Fraudulent Mortgage Insurance Case Introduction The case of United States v. Guillermo Alemany Rivera and Edgar M. Stella Perez revolves...

Reaffirming the Pinkerton Doctrine: Flores-Rivera v. United States

Date: Jun 2, 1995

Reaffirming the Pinkerton Doctrine: Flores-Rivera v. United States Introduction In the appellate case United States v. Flores-Rivera, decided by the United States Court of Appeals for the First...

Affirmation of DeShaney: No Constitutional Duty to Protect Among State Actors Under 42 U.S.C. § 1983

Date: Jun 1, 1995

Affirmation of DeShaney: No Constitutional Duty to Protect Among State Actors Under 42 U.S.C. § 1983 Introduction In the case of Wilfredo Martinez v. Rafael Colon et al., 54 F.3d 980 (1st Cir. 1995),...

Balancing Attorney Fee Distribution in Common Fund Litigation: Insights from In re Thirteen Appeals

Date: Jun 1, 1995

Balancing Attorney Fee Distribution in Common Fund Litigation: Insights from In re Thirteen Appeals Introduction The case In re Thirteen Appeals arising out of the San Juan Dupont Plaza Hotel Fire...

Interpretation of "Embarking" Under the Warsaw Convention: McCarthy v. Northwest Airlines

Date: Jun 1, 1995

Interpretation of "Embarking" Under the Warsaw Convention: McCarthy v. Northwest Airlines Introduction In the landmark case Eileen M. McCarthy v. Northwest Airlines, Inc. (56 F.3d 313, 1995), the...

Affirmation of Rule 60(b) Limitations and Expert Testimony Standards in Hoult v. Hoult

Date: May 23, 1995

Affirmation of Rule 60(b) Limitations and Expert Testimony Standards in Hoult v. Hoult Introduction Hoult v. Hoult, adjudicated in the United States Court of Appeals for the First Circuit in 1995,...

Qualified Immunity and Exigent Circumstances in Warrantless Police Entry: Hegarty v. Somerset County

Date: May 18, 1995

Qualified Immunity and Exigent Circumstances in Warrantless Police Entry: Hegarty v. Somerset County Introduction The case of John M. Hegarty as Personal Representative of the Estate of Katherine A....

Affirmation of Conviction in United States v. Terrence Taylor: Reinforcing the Raise-or-Waive Rule and Plain Error Doctrine

Date: May 18, 1995

Affirmation of Conviction in United States v. Terrence Taylor: Reinforcing the Raise-or-Waive Rule and Plain Error Doctrine Introduction In the case of United States of America v. Terrence Taylor,...

Affirmation of ADEA's Narrow Exemption for High Policymaker Retirement: Morrissey v. Boston Five Cents Savings Bank

Date: May 16, 1995

Affirmation of ADEA's Narrow Exemption for High Policymaker Retirement: Morrissey v. Boston Five Cents Savings Bank Introduction The case of Morrissey v. Boston Five Cents Savings Bank (54 F.3d 27)...

First Circuit Upholds Strict Preservation of Jury Instruction Errors in Title VII Employment Discrimination Cases

Date: May 13, 1995

First Circuit Upholds Strict Preservation of Jury Instruction Errors in Title VII Employment Discrimination Cases Introduction In the landmark case of Scarfo v. Cabletron Systems, Inc., the United...

Establishing Enhanced Security Obligations for Hotels in Volatile Contexts: Commentary on Coyne v. Taber Partners

Date: May 5, 1995

Establishing Enhanced Security Obligations for Hotels in Volatile Contexts: Commentary on Coyne v. Taber Partners Introduction The case of John P. Coyne, et al., Plaintiffs, Appellants, v. Taber...

Udo v. Commissioner for Department of Mental Health: Upholding Summary Judgment on Age and Race Discrimination Claims

Date: Apr 29, 1995

Udo v. Commissioner for Department of Mental Health: Upholding Summary Judgment on Age and Race Discrimination Claims Introduction In the landmark case Udo v. Commissioner for the Department of...

Establishing Associational Standing under RICO and §1985(3): Insights from Liberty v. Welch

Date: Apr 29, 1995

Establishing Associational Standing under RICO and §1985(3): Insights from Liberty v. Welch Introduction In the landmark case Liberty v. Welch (53 F.3d 428), the United States Court of Appeals for...

Post Facto Authorization of Professional Services in Bankruptcy: 'Extraordinary Circumstances' Requirement Affirmed in In re Jarvis

Date: Apr 29, 1995

Post Facto Authorization of Professional Services in Bankruptcy: 'Extraordinary Circumstances' Requirement Affirmed in In re Jarvis Introduction The case of In re Donald Jarvis and Joyce Jarvis,...

Discriminatory Employment Practices Affirmed: Grant v. Boston Herald

Date: Apr 29, 1995

Discriminatory Employment Practices Affirmed: Grant v. Boston Herald Introduction The case of Otis Grant v. News Group Boston, Inc., d/b/a Boston Herald presents a significant examination of alleged...

Establishing Judicial Oversight of Attorney Subpoenas: Whitehouse v. United States District Court for Rhode Island

Date: Apr 21, 1995

Establishing Judicial Oversight of Attorney Subpoenas: Whitehouse v. United States District Court for Rhode Island Introduction In the landmark case of Whitehouse v. United States District Court for...

Revisiting Age Discrimination Claims: Woodman v. Haemonetics Corporation

Date: Apr 15, 1995

Revisiting Age Discrimination Claims: Woodman v. Haemonetics Corporation Introduction The case of Frank B. Woodman v. Haemonetics Corporation (51 F.3d 1087) serves as a pivotal reference in the realm...

Command Responsibility under ATA and TVPA Affirmed in Xuncax and Ortiz v. Gramajo

Date: Apr 13, 1995

Command Responsibility under ATA and TVPA Affirmed in Xuncax and Ortiz v. Gramajo Introduction In the landmark cases of Xuncax et al. v. Gramajo and Ortiz v. Gramajo, the United States District Court...

Clarifying the Limits of Long-Term Incentive Plans in Employment Contracts: Insights from Coll v. PB Diagnostic Systems, Inc.

Date: Mar 31, 1995

Clarifying the Limits of Long-Term Incentive Plans in Employment Contracts: Insights from Coll v. PB Diagnostic Systems, Inc. Introduction The case of William G. Coll v. PB Diagnostic Systems, Inc....

Discretion in Adjusting Front Pay Awards for Collateral Benefits: Insights from Lussier v. Runyon

Date: Mar 30, 1995

Discretion in Adjusting Front Pay Awards for Collateral Benefits: Insights from Lussier v. Runyon Introduction In the landmark case Thomas R. Lussier v. Marvin Runyon, United States Postmaster...