1st Circuit Case Commentaries

Valuation of Collateral in Chapter 11 Bankruptcy: Fair Market Value Affirmed in In Re Winthrop Old Farm Nurseries, Inc.

Date: Mar 23, 1995

Valuation of Collateral in Chapter 11 Bankruptcy: Fair Market Value Affirmed in In Re Winthrop Old Farm Nurseries, Inc. Introduction The case In Re Winthrop Old Farm Nurseries, Inc., decided by the...

Uncopyrightable Method of Operation: The Lotus Development v. Borland International Decision

Date: Mar 10, 1995

Uncopyrightable Method of Operation: The Lotus Development v. Borland International Decision Introduction The legal landscape of computer software has continually evolved to address the complexities...

Mootness in Interlocutory Appeals of Preliminary Injunctions: CMM Cable Rep., Inc. v. Ocean Coast Properties, Inc.

Date: Mar 7, 1995

Mootness in Interlocutory Appeals of Preliminary Injunctions: CMM Cable Rep., Inc. v. Ocean Coast Properties, Inc. Introduction CMM Cable Rep., Inc., d/b/a Creative Media Management, Inc. (CMM), the...

Disparate Impact Liability for Union Membership Sponsorship Policies: EEOC v. Steamship Clerks Union

Date: Mar 1, 1995

Disparate Impact Liability for Union Membership Sponsorship Policies: EEOC v. Steamship Clerks Union Introduction The case EEOC v. Steamship Clerks Union, Local 1066 addresses critical issues...

Res Judicata in Supplementary Proceedings: Apparel Art International, Inc. v. Amertex Enterprises Ltd.

Date: Feb 18, 1995

Res Judicata in Supplementary Proceedings: Apparel Art International, Inc. v. Amertex Enterprises Ltd. Introduction The case of Apparel Art International, Inc. v. Amertex Enterprises Ltd. involves...

Foster-Miller v. Babcock Wilcox Canada: Enhancing Procedural Fairness in Specific Personal Jurisdiction

Date: Feb 10, 1995

Foster-Miller v. Babcock Wilcox Canada: Enhancing Procedural Fairness in Specific Personal Jurisdiction Introduction The case of Foster-Miller, Inc. v. Babcock Wilcox Canada serves as a significant...

ERISA Preemption of Massachusetts Bond Statute in Employee Benefit Recovery: Insights from Williams v. Ashland Engineering Co.

Date: Feb 1, 1995

ERISA Preemption of Massachusetts Bond Statute in Employee Benefit Recovery: Insights from Williams v. Ashland Engineering Co. Introduction The case of Williams v. Ashland Engineering Co.,...

Affirmation of Guilty Pleas under Rule 11: Insights from U.S. v. Cotal-Crespo

Date: Jan 31, 1995

Affirmation of Guilty Pleas under Rule 11: Insights from U.S. v. Cotal-Crespo Introduction United States v. Cotal-Crespo, decided by the United States Court of Appeals for the First Circuit on...

Establishing Ripeness Requirements in Declaratory Judgment Actions: Ernst Young v. Depco Act

Date: Jan 26, 1995

Establishing Ripeness Requirements in Declaratory Judgment Actions: Ernst Young v. Depco Act Introduction In the landmark case of Ernst Young, Plaintiff-Appellant v. Depositors Economic Protection...

Limits of Sovereign Immunity in Tax Refund and Damages Claims: Murphy v. United States

Date: Jan 26, 1995

Limits of Sovereign Immunity in Tax Refund and Damages Claims: Murphy v. United States Introduction The case of John F. Murphy v. United States (45 F.3d 520) adjudicated by the United States Court of...

Non-Exemption of Newsroom Employees Under FLSA: Reich v. The Concord Monitor

Date: Jan 25, 1995

Non-Exemption of Newsroom Employees Under FLSA: Reich v. The Concord Monitor Introduction Reich v. The Concord Monitor is a seminal case adjudicated by the United States Court of Appeals for the...

Due Process and Notice Requirements in Administrative Forfeiture: Insights from United States v. Giraldo

Date: Jan 20, 1995

Due Process and Notice Requirements in Administrative Forfeiture: Insights from United States v. Giraldo Introduction United States v. Giraldo, 45 F.3d 509 (1st Cir. 1995), addresses critical issues...

First Circuit Upholds Dedham's Time Restrictions on Commercial Entertainment: A Comprehensive Analysis

Date: Jan 5, 1995

First Circuit Upholds Dedham's Time Restrictions on Commercial Entertainment: A Comprehensive Analysis Introduction In National Amusements, Inc. v. Town of Dedham (43 F.3d 731, 1995), the United...

Establishing Legal Precedents in RICO and Civil Conspiracy: A Comprehensive Analysis of Aetna Casualty Surety Company v. P B Autobody et al.

Date: Dec 30, 1994

Establishing Legal Precedents in RICO and Civil Conspiracy: A Comprehensive Analysis of Aetna Casualty Surety Company v. P B Autobody et al. Introduction The case of Aetna Casualty Surety Company v....

Reasonable Use of Deadly Force in Police Encounters: The Roy v. Inhabitants of Lewiston Decision

Date: Dec 22, 1994

Reasonable Use of Deadly Force in Police Encounters: The Roy v. Inhabitants of Lewiston Decision Introduction Roy v. Inhabitants of the City of Lewiston, et al. (42 F.3d 691) is a pivotal case...

Affirmation of District Court Order in Successor Product-Line Liability Claims Under Bankruptcy Asset Transfers

Date: Dec 15, 1994

Affirmation of District Court Order in Successor Product-Line Liability Claims Under Bankruptcy Asset Transfers Introduction The case of In re Savage Industries, Inc., Western Auto Supply Company v....

Substitution of Nondiverse Defendants and the Preservation of Diversity Jurisdiction in Federal Courts: Casas Office Machines, Inc. v. Mita CopyStar America, Inc.

Date: Dec 15, 1994

Substitution of Nondiverse Defendants and the Preservation of Diversity Jurisdiction in Federal Courts: Casas Office Machines, Inc. v. Mita CopyStar America, Inc. Introduction The case of Casas...

Redefining Redemption Rights under Puerto Rico's Litigated Credits Statute: Pritzker v. Yari

Date: Dec 14, 1994

Redefining Redemption Rights under Puerto Rico's Litigated Credits Statute: Pritzker v. Yari Introduction Jay A. Pritzker v. Bob Yari, et al., 42 F.3d 53 (1st Cir. 1994), marks a significant judicial...

Limitations on Issue Preclusion in Bankruptcy Proceedings: Grella v. Salem Five Cent Savings Bank

Date: Dec 7, 1994

Limitations on Issue Preclusion in Bankruptcy Proceedings: Grella v. Salem Five Cent Savings Bank Introduction The case of Paul J. Grella, Trustee, Appellant, v. Salem Five Cent Savings Bank,...

Smith v. Stratus Computer, Inc.: Establishing Precedents in Gender Discrimination Litigation

Date: Nov 23, 1994

Smith v. Stratus Computer, Inc.: Establishing Precedents in Gender Discrimination Litigation Introduction The case of Stephanie S. Smith v. Stratus Computer, Inc., reported at 40 F.3d 11 (1st Cir....