1st Circuit Case Commentaries

Authority of Administrative Agencies to Enforce Subpoenas Under First Amendment Constraints

Date: Nov 30, 1989

Authority of Administrative Agencies to Enforce Subpoenas Under First Amendment Constraints Introduction The case of United States of America v. Stephen B. Comley (890 F.2d 539, 1989) presents a...

Affirmation of Dismissal in Dartmouth Review v. Dartmouth College: A Commentary on the Limits of Section 1981 and Title VI

Date: Nov 10, 1989

Affirmation of Dismissal in Dartmouth Review v. Dartmouth College: A Commentary on the Limits of Section 1981 and Title VI Introduction Dartmouth Review v. Dartmouth College, 889 F.2d 13 (1st Cir....

Procedural Jurisdiction and Political Discharge: An Analysis of Rosario-Torres v. Hernandez Colon

Date: Nov 9, 1989

Procedural Jurisdiction and Political Discharge: An Analysis of Rosario-Torres v. Hernandez Colon Introduction Rosario-Torres v. Hernandez Colon is a landmark case adjudicated by the United States...

Keds Corp. v. Renee International Trading Corp.: Establishing Personal Jurisdiction and Trademark Infringement Under the Lanham Act

Date: Nov 4, 1989

Keds Corp. v. Renee International Trading Corp.: Establishing Personal Jurisdiction and Trademark Infringement Under the Lanham Act Introduction Keds Corp., Plaintiff, Appellee, v. Renee...

Expanded Interpretation of CERCLA Liability for Response Costs in Multi-Site Environmental Cases

Date: Nov 3, 1989

Expanded Interpretation of CERCLA Liability for Response Costs in Multi-Site Environmental Cases Introduction Dedham Water Company and Dedham-Westwood Water District (hereafter referred to as "Dedham...

Affirmation of Qualified Immunity for Correctional Officers in Civil Rights Actions: Brennan v. Hendrigan et al.

Date: Oct 28, 1989

Affirmation of Qualified Immunity for Correctional Officers in Civil Rights Actions: Brennan v. Hendrigan et al. Introduction Brennan v. Hendrigan et al., 888 F.2d 189 (1st Cir. 1989), is a pivotal...

Assessment of Residual Functional Capacity in Social Security Disability Claims: Rodriguez v. HHS

Date: Oct 25, 1989

Assessment of Residual Functional Capacity in Social Security Disability Claims: Rodriguez v. HHS Introduction The case of Alida Rodriguez v. Secretary of Health and Human Services, adjudicated by...

Limitation of Appeals on Motions in Limine When Defendant Elects Not to Testify

Date: Sep 30, 1989

Limitation of Appeals on Motions in Limine When Defendant Elects Not to Testify Introduction The case of United States of America v. Gjon N. Nivica and Mark L. Pedley Wellington, adjudicated by the...

Enforcement of Arbitration Agreements and Assignment of Arbitration Rights: First Circuit Affirms ICC Arbitration Jurisdiction

Date: Sep 29, 1989

Enforcement of Arbitration Agreements and Assignment of Arbitration Rights: First Circuit Affirms ICC Arbitration Jurisdiction Introduction The case Apollo Computer, Inc. v. Helge Berg, et al.,...

Strict Adherence to Defendants in Title VII Claims: Insights from Rys v. U.S. Postal Service

Date: Sep 27, 1989

Strict Adherence to Defendants in Title VII Claims: Insights from Rys v. U.S. Postal Service Introduction The case of John E. Rys, Jr. v. U.S. Postal Service (886 F.2d 443, 1st Cir. 1989) addresses...

Affirmation of Personal Jurisdiction in Defamation Cases: Hugel v. McNell

Date: Sep 22, 1989

Affirmation of Personal Jurisdiction in Defamation Cases: Hugel v. McNell Introduction The case of Max Hugel v. Thomas R. McNell, et al. (886 F.2d 1) presents a significant examination of personal...

Quaker State Oil Refining Corp. v. Garrity Oil Co.: Establishing Limits on Chapter 93A Liability

Date: Sep 15, 1989

Quaker State Oil Refining Corp. v. Garrity Oil Co.: Establishing Limits on Chapter 93A Liability 1. Introduction The case of Quaker State Oil Refining Corporation v. Garrity Oil Company, Inc. (884...

Enforcement of Substantial Performance in Contractual Disputes: Applewood Landscape Nursery Co. v. Hollingsworth

Date: Sep 14, 1989

Enforcement of Substantial Performance in Contractual Disputes: Applewood Landscape Nursery Co. v. Hollingsworth Introduction The case of Applewood Landscape Nursery Co., Inc. et al. v. Wayne B....

Indispensable Parties and Intervention Rights under Federal Rules of Civil Procedure: Insights from Travelers Indemnity Co. v. Dingwell

Date: Sep 8, 1989

Indispensable Parties and Intervention Rights under Federal Rules of Civil Procedure: Insights from Travelers Indemnity Co. v. Dingwell Introduction In the landmark case of The Travelers Indemnity...

Joint and Several Liability under CERCLA: Comprehensive Commentary on O'Neil v. Picillo

Date: Aug 22, 1989

Joint and Several Liability under CERCLA: Comprehensive Commentary on O'Neil v. Picillo Introduction O'Neil v. Picillo is a landmark decision by the United States Court of Appeals for the First...

Strict Construction of Pollution Exclusions in Insurance Policies: Insights from Travelers v. Waltham Industrial Laboratories

Date: Aug 19, 1989

Strict Construction of Pollution Exclusions in Insurance Policies: Insights from Travelers Insurance Company v. Waltham Industrial Laboratories Introduction The legal landscape governing insurance...

Establishing Supervisory Liability Under 42 U.S.C. § 1983: Gutierrez-Rodriguez v. Cartagena and Alvarez

Date: Aug 12, 1989

Establishing Supervisory Liability Under 42 U.S.C. § 1983: Gutierrez-Rodriguez v. Cartagena and Alvarez Introduction Gutierrez-Rodriguez v. Cartagena and Alvarez is a landmark case adjudicated by the...

Reversal of Summary Judgment in Title VII Sex Discrimination Case: Rossy v. Roche Products, Inc.

Date: Aug 5, 1989

Reversal of Summary Judgment in Title VII Sex Discrimination Case: Rossy v. Roche Products, Inc. Introduction Rossy v. Roche Products, Inc., 880 F.2d 621 (1st Cir. 1989), is a seminal case addressing...

Admissibility of Foreign Wiretap and Validity of State Search Warrants Issued by Assistant Clerks: United States v. Mitro & Delcourt

Date: Jul 29, 1989

Admissibility of Foreign Wiretap and Validity of State Search Warrants Issued by Assistant Clerks: United States v. Mitro & Delcourt Introduction In the landmark case United States of America v. Paul...

Balancing the Right to Counsel of Choice with Ethical Constraints: An Examination of Panzardi-Alvarez v. USA

Date: Jul 20, 1989

Balancing the Right to Counsel of Choice with Ethical Constraints: An Examination of Panzardi-Alvarez v. United States Introduction Jose E. Panzardi-Alvarez ("Panzardi") was indicted in connection...

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