1st Circuit Case Commentaries

Reaffirming Fourth Amendment Protections and Sentencing Guidelines Compliance in United States v. Lewis and Starks

Date: Nov 15, 1994

Reaffirming Fourth Amendment Protections and Sentencing Guidelines Compliance in United States v. Lewis and Starks Introduction The case of United States v. Otis Darren Lewis and Michael Starks (40...

Dopp v. Pritzker: Establishing Standards for Contractual Remedies and Damage Assessments

Date: Oct 29, 1994

Dopp v. Pritzker: Establishing Standards for Contractual Remedies and Damage Assessments Introduction Parties Involved: Paul S. Dopp (Plaintiff/Appellant) vs. Jay Pritzker (Defendant/Appellee) Court:...

Limits on Collateral Attack under 28 U.S.C. § 2255: The Knight Decision

Date: Oct 21, 1994

Limits on Collateral Attack under 28 U.S.C. § 2255: The Knight Decision Introduction The Stephen Ted Knight v. United States of America case, decided by the United States Court of Appeals for the...

Reaffirming Strickland: Scarpa v. Dubois Establishes Limits on Presumptive Prejudice in Ineffective Assistance Claims

Date: Oct 19, 1994

Reaffirming Strickland: Scarpa v. Dubois Establishes Limits on Presumptive Prejudice in Ineffective Assistance Claims Introduction The case of Scarpa v. Dubois (38 F.3d 1, 1994) addresses a pivotal...

Guarding Against Premature Summary Judgments in Bankruptcy Fraud: Insights from In re Varrasso

Date: Oct 19, 1994

Guarding Against Premature Summary Judgments in Bankruptcy Fraud: Insights from In re Varrasso Introduction The case of In re Peter C. Varrasso and Mildred R. Varrasso serves as a pivotal examination...

First Circuit Clarifies ADA’s Scope: Defining 'Employer' and 'Public Accommodation' in Health Benefit Plans

Date: Oct 13, 1994

First Circuit Clarifies ADA’s Scope: Defining 'Employer' and 'Public Accommodation' in Health Benefit Plans Introduction The landmark appellate decision in Carparts Distribution Center, Inc., et al....

Enforcement of Section 260 of the Puerto Rico Commerce Code in Commercial Defect Claims: Insights from JRS v. Falconer Glass

Date: Oct 13, 1994

Enforcement of Section 260 of the Puerto Rico Commerce Code in Commercial Defect Claims: Insights from JRS v. Falconer Glass Introduction The case JORGE RIVERA SURILLO CO., INC. v. FALCONER GLASS...

Affirmation of RICO Liability and Identification Procedures in Oreto v. United States

Date: Oct 5, 1994

Affirmation of RICO Liability and Identification Procedures in Oreto v. United States Introduction Oreto v. United States, 37 F.3d 739 (1st Cir. 1994), is a pivotal case addressing the application of...

Materiality in Employment Contract Breaches: Gibson v. City of Cranston

Date: Oct 4, 1994

Materiality in Employment Contract Breaches: Gibson v. City of Cranston Introduction Gibson v. City of Cranston, 37 F.3d 731 (1st Cir. 1994), is a pivotal case that examines the concept of...

First Circuit Clarifies Standards for Jencks Act Disclosure and Restitution Attribution in Racketeering-Related Convictions

Date: Oct 1, 1994

First Circuit Clarifies Standards for Jencks Act Disclosure and Restitution Attribution in Racketeering-Related Convictions Introduction In the seminal case of United States v. Neal, et al.,...

Reaffirming Protections Against Age Discrimination: Sanchez v. Puerto Rico Oil Company

Date: Sep 30, 1994

Reaffirming Protections Against Age Discrimination: Sanchez v. Puerto Rico Oil Company Introduction In the landmark case of Sanchez v. Puerto Rico Oil Company, 37 F.3d 712 (1st Cir. 1994), the United...

Holmquist v. United States: Affirmation of Materiality in False Statements under 18 U.S.C. § 542

Date: Sep 29, 1994

Holmquist v. United States: Affirmation of Materiality in False Statements under 18 U.S.C. § 542 Introduction In the case of United States of America v. Stephen A. Holmquist, adjudicated by the...

First Circuit Sets Materiality Standards in Securities Misrepresentation: Lucia v. Prospect Street High Income Portfolio

Date: Sep 29, 1994

First Circuit Sets Materiality Standards in Securities Misrepresentation: Lucia v. Prospect Street High Income Portfolio Introduction In the landmark case Robert Lucia et al. v. Prospect Street High...

Affirmation of COGSA’s Liability Limitation and Fair Opportunity Notice: Henley Drilling Co. v. McGee et al.

Date: Sep 28, 1994

Affirmation of COGSA’s Liability Limitation and Fair Opportunity Notice: Henley Drilling Co. v. McGee et al. Introduction The case of Henley Drilling Company, Plaintiff, Appellee, v. William H. McGee...

Equal Involvement Defense and Jury Instruction: Insights from Sullivan v. NFL

Date: Sep 17, 1994

Equal Involvement Defense and Jury Instruction: Insights from Sullivan v. NFL Introduction The case of William H. Sullivan II v. National Football League (NFL) presents a pivotal examination of...

Ensuring Procedural Fairness: Wyatt v. City of Boston Sets Precedent for Sua Sponte Dismissals

Date: Sep 16, 1994

Ensuring Procedural Fairness: Wyatt v. City of Boston Sets Precedent for Sua Sponte Dismissals Introduction Wyatt v. City of Boston is a pivotal case decided by the United States Court of Appeals for...

Employment Decisions as Administrative Acts: Legislative Immunity Not Absolute in §1983 Claims

Date: Sep 16, 1994

Employment Decisions as Administrative Acts: Legislative Immunity Not Absolute in §1983 Claims Introduction In Olga J. Negron-Gaztambide v. Zaida Hernandez-Torres (35 F.3d 25, United States Court of...

Balancing Copyright Exclusivity and Antitrust Laws in Software Licensing: Data General v. Grumman Systems

Date: Sep 15, 1994

Balancing Copyright Exclusivity and Antitrust Laws in Software Licensing Data General Corporation v. Grumman Systems Support Corporation, 36 F.3d 1147 (1st Cir. 1994) Introduction The landmark case...

Inclusion of Conspiracy Convictions in Career Offender Guidelines: First Circuit's Affirmation

Date: Sep 9, 1994

Inclusion of Conspiracy Convictions in Career Offender Guidelines: First Circuit's Affirmation Introduction In United States of America v. David Piper (35 F.3d 611), the United States Court of...

Reevaluation of Chronic Fatigue Syndrome in Social Security Disability Claims

Date: Sep 8, 1994

Reevaluation of Chronic Fatigue Syndrome in Social Security Disability Claims Introduction The case of Gary M. Rose v. Donna E. Shalala, Secretary of the Department of Health and Human Services (34...