1st Circuit Case Commentaries

Comprehensive Commentary on United States of America v. David Sepulveda

Date: Dec 21, 1993

United States of America v. David Sepulveda: Establishing Precedents in Drug Trafficking Convictions Introduction In the consolidated appeals of United States of America v. David Sepulveda and...

Strict Enforcement of Anti-Wiretap Statutes: Insights from Williams v. Poulos

Date: Dec 15, 1993

Strict Enforcement of Anti-Wiretap Statutes: Insights from Williams v. Poulos Introduction The case of George C. Williams, et al., Plaintiffs, Appellants, v. Richard E. Poulos, et al., Defendants,...

Affirmation of Conviction and Standards for Post-Conviction Relief: United States v. McGill

Date: Nov 25, 1993

Affirmation of Conviction and Standards for Post-Conviction Relief: United States v. McGill Introduction The case of United States of America v. Steven McGill is a seminal decision by the United...

Perceived Disability Discrimination under Section 504: Establishing Precedent in Bonnie Cook v. Rhode Island

Date: Nov 23, 1993

Perceived Disability Discrimination under Section 504: Establishing Precedent in Bonnie Cook v. Rhode Island Introduction Bonnie Cook v. State of Rhode Island, Department of Mental Health,...

Kuehl v. FDIC: Enforcing Concise Pleading Requirements under Federal Rules

Date: Nov 18, 1993

Kuehl v. FDIC: Enforcing Concise Pleading Requirements under Federal Rules Introduction In the landmark case of David E. and Jean E. Kuehl v. Federal Deposit Insurance Corporation, et al.,...

Secondary Meaning Requirements for Descriptive Geographical Marks: Insights from Boston Beer Co. v. Slesar Bros.

Date: Nov 17, 1993

Secondary Meaning Requirements for Descriptive Geographical Marks: Insights from Boston Beer Co. v. Slesar Bros. Introduction The case of Boston Beer Company Limited Partnership d/b/a The Boston Beer...

Pihl v. Massachusetts Department of Education: Extending Compensatory Education Beyond Statutory Age

Date: Nov 17, 1993

Extending Compensatory Education Beyond Statutory Age: A Comprehensive Analysis of Pihl v. Massachusetts Department of Education Introduction In Pihl v. Massachusetts Department of Education, the...

Extension of Appeal Period Through Fed. R. Crim. P. 35(c): Morillo v. United States

Date: Nov 9, 1993

Extension of Appeal Period Through Fed. R. Crim. P. 35(c): Morillo v. United States Introduction United States of America v. Josh Morillo (8 F.3d 864, 1st Cir. 1993) presents a pivotal examination of...

Affirming Summary Judgment in Wrongful Death Action: Insufficient Proximate Cause Evidence in Product Liability

Date: Nov 2, 1993

Affirming Summary Judgment in Wrongful Death Action: Insufficient Proximate Cause Evidence in Product Liability Introduction The case of Mary Hayes, Administrator of the Estate of Robert Hayes, Jr.,...

Procedural Handling of Ineffective Assistance Claims in Direct Appeals: Mala v. United States

Date: Oct 28, 1993

Procedural Handling of Ineffective Assistance Claims in Direct Appeals: Mala v. United States Introduction In United States of America v. Kelley Mala, 7 F.3d 1058 (1st Cir. 1993), the defendant,...

Clarification of Employee Immunity under P.R. Laws Ann. Tit. 26, §4105 in Medical Malpractice Actions

Date: Oct 19, 1993

Clarification of Employee Immunity under P.R. Laws Ann. Tit. 26, §4105 in Medical Malpractice Actions 1. Introduction The case of Marta Nieves v. University of Puerto Rico, et al. revolves around a...

Strengthening the Burden of Proof in ADEA Age Discrimination: Insights from LeBlanc v. Great American Insurance Co.

Date: Sep 30, 1993

Strengthening the Burden of Proof in ADEA Age Discrimination: Insights from LeBlanc v. Great American Insurance Co. Introduction LeBlanc v. Great American Insurance Company, 6 F.3d 836 (1st Cir....

Superior Reclamation Rights in Fraudulent Entrustment: Evergreen Marine Corp. v. Six Consignments of Frozen Scallops

Date: Sep 18, 1993

Superior Reclamation Rights in Fraudulent Entrustment: Evergreen Marine Corp. v. Six Consignments of Frozen Scallops Introduction Evergreen Marine Corporation v. Six Consignments of Frozen Scallops,...

Limiting the Outrageous Misconduct Defense: A Comprehensive Commentary on United States v. Santana

Date: Sep 17, 1993

Limiting the Outrageous Misconduct Defense: A Comprehensive Commentary on United States v. Santana Introduction The case of United States of America v. Rafael Santana and Francis Fuentes, decided by...

Recoupment Doctrine in Bankruptcy: Insights from Ralar Distributors Inc. v. Rubbermaid, Inc.

Date: Sep 15, 1993

Recoupment Doctrine in Bankruptcy: Insights from Ralar Distributors Inc. v. Rubbermaid, Inc. Introduction The case of Ralar Distributors, Inc. and Halmar Distributors, Inc. ("R-H") versus Rubbermaid,...

Expanding the Scope of Discretionary Function Immunity in High-Speed Pursuits: A Commentary on Horta v. Sullivan

Date: Sep 1, 1993

Expanding the Scope of Discretionary Function Immunity in High-Speed Pursuits Insights from Horta v. Sullivan (1st Cir. 1993) Introduction The case of Debra Horta v. Charles B. Sullivan, et al.,...

Future Attorneys' Fees in Institutional Reform Litigation: Insights from BREWSTER v. DUKAKIS

Date: Aug 26, 1993

Future Attorneys' Fees in Institutional Reform Litigation: Insights from BREWSTER v. DUKAKIS Introduction BREWSTER v. DUKAKIS, 3 F.3d 488 (1st Cir. 1993) is a pivotal case in the realm of...

Defining 'Qualifying Event' Under COBRA: Gaskell v. Harvard Cooperative Society

Date: Aug 26, 1993

Defining 'Qualifying Event' Under COBRA: Gaskell v. Harvard Cooperative Society Introduction David and Carolyn Gaskell v. The Harvard Cooperative Society is a pivotal case that explores the nuances...

Constructive Discharge under the Age Discrimination in Employment Act: Insights from Vega v. Kodak Caribbean

Date: Aug 25, 1993

Constructive Discharge under the Age Discrimination in Employment Act: Insights from Vega v. Kodak Caribbean Introduction The case of JORGE VEGA AND EUSEBIO LEON v. KODAK CARIBBEAN, LTD. (3 F.3d 476)...

Affirmation of Preliminary Injunction Against Mandatory Retirement Age Under ADEA: Gately v. Commonwealth of Massachusetts

Date: Aug 19, 1993

Affirmation of Preliminary Injunction Against Mandatory Retirement Age Under ADEA: Gately v. Commonwealth of Massachusetts Introduction Gately v. Commonwealth of Massachusetts is a pivotal case...