1st Circuit Case Commentaries

FDIC Immunity from Injunctive Relief in Foreclosure Proceedings under FIRREA: Sunshine Development, Inc. v. FDIC

Date: Aug 23, 1994

FDIC Immunity from Injunctive Relief in Foreclosure Proceedings under FIRREA: Sunshine Development, Inc. v. FDIC, 33 F.3d 106 Introduction The case of Sunshine Development, Inc., et al. v. Federal...

Clarifying CERCLA's Cost Recovery vs. Contribution Actions: UNITED TECHNOLOGIES CORP. V. BROWNING-FERRIS INDUSTRIES

Date: Aug 20, 1994

Clarifying CERCLA's Cost Recovery vs. Contribution Actions: UNITED TECHNOLOGIES CORP. V. BROWNING-FERRIS INDUSTRIES Introduction The case of United Technologies Corporation, et al., Plaintiffs,...

Affirmation of Summary Judgment in Age Discrimination Case: Woods v. Friction Materials, Inc.

Date: Jul 30, 1994

Affirmation of Summary Judgment in Age Discrimination Case: Woods v. Friction Materials, Inc. Introduction In the seminal case of Jimmie E. Woods v. Friction Materials, Inc., adjudicated by the...

Affirmation of Summary Judgment and Denial of Leave to Amend in Loan Guaranty Case: RTC v. Gold and Graphics Leasing Corp.

Date: Jul 28, 1994

Affirmation of Summary Judgment and Denial of Leave to Amend in Loan Guaranty Case: RTC v. Gold and Graphics Leasing Corp. Introduction The case of Resolution Trust Corporation (RTC) as Receiver for...

Affirmation of Proper Severance and Rigorous Application of Sentencing Guidelines in RICO Money Laundering Conspiracies

Date: Jul 28, 1994

Affirmation of Proper Severance and Rigorous Application of Sentencing Guidelines in RICO Money Laundering Conspiracies Introduction United States of America v. Darrell F. Pierro, 32 F.3d 611 (1st...

Enhancing FOIA Transparency: Insights from Church of Scientology v. DOJ

Date: Jul 27, 1994

Enhancing FOIA Transparency: Insights from Church of Scientology International v. United States Department of Justice Introduction The case of Church of Scientology International v. United States...

Sovereign Immunity Prevails Over Supervisory Power in Fee-Shifting: United States v. Horn

Date: Jul 26, 1994

Sovereign Immunity Prevails Over Supervisory Power in Fee-Shifting: United States v. Horn Introduction United States of America v. Richard A. Horn, et al., decided by the United States Court of...

Enforcement of Verbal Promises in Plea Agreements: The Bemis v. United States Decision

Date: Jul 23, 1994

Enforcement of Verbal Promises in Plea Agreements: The Bemis v. United States Decision Introduction In the landmark case of Gregg M. Bemis v. United States of America, decided on July 22, 1994, the...

Assumption of Risk as Complete Defense in Negligence and Strict Liability Claims: Colantuoni v. Calcagni Sons

Date: Jul 23, 1994

Assumption of Risk as Complete Defense in Negligence and Strict Liability Claims: Colantuoni v. Calcagni Sons Introduction The case of Richard L. Colantuoni and Carol L. Colantuoni v. Alfred Calcagni...

Ambiguity in Contract Terms and Ch. 93A Implications: NASCO Inc. v. Public Storage Inc.

Date: Jul 19, 1994

Ambiguity in Contract Terms and Ch. 93A Implications: NASCO Inc. v. Public Storage Inc. Introduction NASCO, Inc., Plaintiff-Appellant, appealed the summary judgment entered in favor of Public...

Res Judicata and Non-Party Preclusion: Insights from Gonzalez v. Banco Central Corp.

Date: Jul 1, 1994

Res Judicata and Non-Party Preclusion: Insights from Gonzalez v. Banco Central Corp. Introduction The case of Olga Gonzalez, A/K/A Olga Gonzalez Abreu, et al., plaintiffs and appellants, versus Banco...

Commencement of Limitations Period in Employment Discrimination Claims: Morris v. Government Development Bank of Puerto Rico

Date: Jun 30, 1994

Commencement of Limitations Period in Employment Discrimination Claims: Morris v. Government Development Bank of Puerto Rico Introduction The case of Emilio Morris-Andino v. The Government...

Private Healthcare Providers Not State Actors: Insights from Rockwell v. Cape Cod Hospital

Date: Jun 17, 1994

Private Healthcare Providers Not State Actors: Insights from Rockwell v. Cape Cod Hospital Introduction Rockwell v. Cape Cod Hospital, 26 F.3d 254 (1st Cir. 1994), is a pivotal case that addresses...

Harmless Error Standard in MDLEA Jurisdictional Instructions: Insights from Singleton v. United States

Date: Jun 11, 1994

Harmless Error Standard in MDLEA Jurisdictional Instructions: Insights from Singleton v. United States Introduction James Singleton, the plaintiff and appellant, challenged his conviction for...

Amoskeag Bank Shares v. Serabian et al.: Establishing Specificity in Federal Securities Fraud Claims

Date: May 28, 1994

Amoskeag Bank Shares v. Serabian et al.: Establishing Specificity in Federal Securities Fraud Claims Introduction The case of Nishan Serabian, et al., Plaintiffs, Appellants v. Amoskeag Bank Shares,...

Validating Passenger Standing in Vehicle Stops: Insights from United States v. Kimball

Date: May 24, 1994

Validating Passenger Standing in Vehicle Stops: Insights from United States v. Kimball Introduction The case of United States of America v. Aaron Kimball, adjudicated by the United States Court of...

Affirmation of Summary Judgment in Supervisory Liability Under 42 U.S.C. § 1983

Date: May 7, 1994

Affirmation of Summary Judgment in Supervisory Liability Under 42 U.S.C. § 1983 Introduction The case Manuel Maldonado-Denis, et al. v. Reinaldo Castillo-Rodriguez, et al. (23 F.3d 576), adjudicated...

Time-Barred Claims Under the Public Vessels Act and Suits in Admiralty Act: Wilson v. United States Government

Date: May 5, 1994

Time-Barred Claims Under the Public Vessels Act and Suits in Admiralty Act: Wilson v. United States Government Introduction Robert Wilson, et al., Appellant versus the United States Government,...

RTC v. North Bridge Associates: Reinforcing Rule 56(f) for Fair Discovery Practices

Date: May 3, 1994

RTC v. North Bridge Associates: Reinforcing Rule 56(f) for Fair Discovery Practices Introduction The case of Resolution Trust Corporation, Plaintiff, Appellee, v. North Bridge Associates, Inc., et...

Strict Standards for Withdrawing Guilty Pleas Affirmed in United States v. Parrilla-Tirado

Date: Apr 29, 1994

Strict Standards for Withdrawing Guilty Pleas Affirmed in United States v. Parrilla-Tirado Introduction In the landmark decision of United States of America v. Luis E. Parrilla-Tirado, 22 F.3d 368...