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  • Commentaries
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1st Circuit Case Commentaries

Standards for Upward Departure in Federal Sentencing: Insights from United States v. Gilberto Ocasio Agosto

Standards for Upward Departure in Federal Sentencing: Insights from United States v. Gilberto Ocasio Agosto

Date: Sep 20, 1990
Standards for Upward Departure in Federal Sentencing: Insights from United States v. Gilberto Ocasio Agosto Introduction The case of United States of America v. Gilberto Ocasio Agosto presents a...
Affirmation of Collateral Estoppel in Wrongful Death Claims: Kowalski v. Gagne

Affirmation of Collateral Estoppel in Wrongful Death Claims: Kowalski v. Gagne

Date: Sep 15, 1990
Affirmation of Collateral Estoppel in Wrongful Death Claims: Kowalski v. Gagne Introduction The case of Kowalski v. Gagne addressed pivotal issues surrounding wrongful death claims under...
Gordils v. Secretary of Health and Human Services: Establishing Criteria for Substantial Evidence in Disability Determinations

Gordils v. Secretary of Health and Human Services: Establishing Criteria for Substantial Evidence in Disability Determinations

Date: Sep 11, 1990
Gordils v. Secretary of Health and Human Services: Establishing Criteria for Substantial Evidence in Disability Determinations Introduction The case of Jose L. Gordils v. Secretary of Health and...
Manifest Disregard of Law in Arbitration: Advest, Inc. v. Patrick McCarthy – Comprehensive Analysis

Manifest Disregard of Law in Arbitration: Advest, Inc. v. Patrick McCarthy – Comprehensive Analysis

Date: Sep 8, 1990
Manifest Disregard of Law in Arbitration: Advest, Inc. v. Patrick McCarthy – Comprehensive Analysis Introduction The case of Advest, Inc. v. Patrick McCarthy, reported at 914 F.2d 6, presents a...
Noone v. United States: Affirmation of Speedy Trial Compliance

Noone v. United States: Affirmation of Speedy Trial Compliance

Date: Sep 7, 1990
Noone v. United States: Affirmation of Speedy Trial Compliance Introduction The case of United States of America v. Peter Noone (913 F.2d 20) revolves around the appellant, Peter Noone, who was...
Strict Adherence to Administrative Procedures: The Jensen v. Frank Decision

Strict Adherence to Administrative Procedures: The Jensen v. Frank Decision

Date: Aug 28, 1990
Strict Adherence to Administrative Procedures: The Jensen v. Frank Decision 1. Introduction The case of Donald A. Jensen v. Anthony M. Frank, decided by the United States Court of Appeals for the...
United States v. Gomez-Pabon: Key Precedents on Conspiracy Charges and Sentencing

United States v. Gomez-Pabon: Key Precedents on Conspiracy Charges and Sentencing

Date: Aug 21, 1990
United States v. Gomez-Pabon: Key Precedents on Conspiracy Charges and Sentencing Introduction United States v. Gomez-Pabon is a significant appellate decision rendered by the United States Court of...
Affirmation of Denial of Speedy Trial and Due Process Claims in Rosado Acha v. United States

Affirmation of Denial of Speedy Trial and Due Process Claims in Rosado Acha v. United States

Date: Aug 4, 1990
Affirmation of Denial of Speedy Trial and Due Process Claims in Rosado Acha v. United States Introduction Jose Rosado Acha v. United States of America is a significant case adjudicated by the United...
Adequacy of IEPs and Procedural Safeguards in Roland M. v. Concord School Committee

Adequacy of IEPs and Procedural Safeguards in Roland M. v. Concord School Committee

Date: Aug 4, 1990
Adequacy of IEPs and Procedural Safeguards in Roland M. v. Concord School Committee Introduction The case of Roland M. and Miriam M., Plaintiffs, Appellants v. The Concord School Committee, et al.,...
Duty to Disclose Material Information under Rule 10b-5: Insights from Backman v. Polaroid Corp.

Duty to Disclose Material Information under Rule 10b-5: Insights from Backman v. Polaroid Corp.

Date: Aug 3, 1990
Duty to Disclose Material Information under Rule 10b-5: Insights from Backman v. Polaroid Corp. Introduction In the landmark case Backman v. Polaroid Corporation, decided by the United States Court...
Affirmation of Finality in Consent Decrees under FTCA § 5(m)(1)(B): United States v. Boch Oldsmobile, Inc.

Affirmation of Finality in Consent Decrees under FTCA § 5(m)(1)(B): United States v. Boch Oldsmobile, Inc.

Date: Jul 31, 1990
Affirmation of Finality in Consent Decrees under FTCA § 5(m)(1)(B): United States v. Boch Oldsmobile, Inc. Introduction The case of United States of America v. Boch Oldsmobile, Inc., Boch Toyota,...
Affirming Bankruptcy Courts' Discretion in Case Dismissal and Fund Retention: Insights from In re Gonic Realty Trust

Affirming Bankruptcy Courts' Discretion in Case Dismissal and Fund Retention: Insights from In re Gonic Realty Trust

Date: Jul 27, 1990
Affirming Bankruptcy Courts' Discretion in Case Dismissal and Fund Retention: Insights from In re Gonic Realty Trust Introduction The case In re Gonic Realty Trust, Debtor. Appeal of Gonic Realty...
First Circuit Establishes Distinct Standards for Sexual Discrimination and Retaliation Claims Under Title VII

First Circuit Establishes Distinct Standards for Sexual Discrimination and Retaliation Claims Under Title VII

Date: Jul 24, 1990
First Circuit Establishes Distinct Standards for Sexual Discrimination and Retaliation Claims Under Title VII Introduction In the landmark case Robert P. Petitti v. New England Telephone and...
Interpreting Accidental Death under ERISA: Wickman v. Northwestern National Insurance Company

Interpreting Accidental Death under ERISA: Wickman v. Northwestern National Insurance Company

Date: Jul 21, 1990
Interpreting Accidental Death under ERISA: Wickman v. Northwestern National Insurance Company Introduction Mary Jane Wickman filed a lawsuit against Northwestern National Insurance Company after her...
Serrano v. Gonzalez: Affirming Relation Back and Limiting Qualified Immunity in Civil Rights Litigation

Serrano v. Gonzalez: Affirming Relation Back and Limiting Qualified Immunity in Civil Rights Litigation

Date: Jul 19, 1990
Serrano v. Gonzalez: Affirming Relation Back and Limiting Qualified Immunity in Civil Rights Litigation Introduction Serrano v. Gonzalez, 909 F.2d 8 (1st Cir. 1990), is a pivotal case adjudicated by...
Probable Cause Sufficiency in Warrantless Vehicle Searches: Insights from United States v. Panitz and Baumwald

Probable Cause Sufficiency in Warrantless Vehicle Searches: Insights from United States v. Panitz and Baumwald

Date: Jul 14, 1990
Probable Cause Sufficiency in Warrantless Vehicle Searches: Insights from United States v. Panitz and Baumwald 1. Introduction United States v. Panitz and Baumwald, adjudicated by the United States...
Defining Fourth Amendment Seizure: Innocent Bystander Harm in Police Pursuit Not Considered Unreasonable Seizure

Defining Fourth Amendment Seizure: Innocent Bystander Harm in Police Pursuit Not Considered Unreasonable Seizure

Date: Jun 21, 1990
Defining Fourth Amendment Seizure: Innocent Bystander Harm in Police Pursuit Not Considered Unreasonable Seizure Introduction In the case of Bradier Steve Landol-Rivera, Etc., Plaintiffs, Appellees,...
Implied Consent Under Title III: Establishing Boundaries in Wire Interception

Implied Consent Under Title III: Establishing Boundaries in Wire Interception

Date: Jun 9, 1990
Implied Consent Under Title III: Establishing Boundaries in Wire Interception Introduction In the landmark case of Gerald Griggs-Ryan v. Beulah Smith, decided on June 8, 1990, by the United States...
Affirmation of RICO and Drug Trafficking Convictions in United States v. Ruiz

Affirmation of RICO and Drug Trafficking Convictions in United States v. Ruiz

Date: Jun 6, 1990
Affirmation of RICO and Drug Trafficking Convictions in United States v. Ruiz Introduction The case of United States of America v. Fausto D. Ruiz, 905 F.2d 499 (1st Cir. 1990), presents a significant...
Necessity of Established Fraudulent Scheme in RICO Claims: Insights from McEvoy Travel Bureau, Inc. v. Heritage Travel, Inc.

Necessity of Established Fraudulent Scheme in RICO Claims: Insights from McEvoy Travel Bureau, Inc. v. Heritage Travel, Inc.

Date: Jun 2, 1990
Necessity of Established Fraudulent Scheme in RICO Claims: Insights from McEvoy Travel Bureau, Inc. v. Heritage Travel, Inc. Introduction The case of McEvoy Travel Bureau, Inc. v. Heritage Travel,...
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