1st Circuit Case Commentaries

Admissibility of Prearrest Statements and Fifth Amendment Rights: Coppola v. Powell

Date: Jul 15, 1989

Admissibility of Prearrest Statements and Fifth Amendment Rights: Coppola v. Powell Introduction The case of Coppola v. Powell, decided by the United States Court of Appeals for the First Circuit on...

Kwatcher v. Massachusetts Service Employees Pension Fund: Employer Exclusion Under ERISA

Date: Jul 6, 1989

Kwatcher v. Massachusetts Service Employees Pension Fund: Employer Exclusion Under ERISA Introduction In the landmark case of George Kwatcher v. Massachusetts Service Employees Pension Fund, 879 F.2d...

Guidelines for Plea Withdrawal and Competency Evaluations: Insights from United States v. Pellerito and Rivera-Martinez

Date: Jul 1, 1989

Guidelines for Plea Withdrawal and Competency Evaluations: Insights from United States v. Pellerito and Rivera-Martinez Introduction The case of United States of America v. Giuseppe Pellerito and...

Jurisdictional Boundaries in Social Security Appeals: Insights from Eladio Colon v. Secretary of Health and Human Services

Date: Jun 15, 1989

Jurisdictional Boundaries in Social Security Appeals: Insights from Eladio Colon v. Secretary of Health and Human Services Introduction The case of Eladio Colon v. Secretary of Health and Human...

Affirmation of Federal Rules on Evidence Admissibility and Collateral Estoppel in Embezzlement Cases: U.S. v. Rodriguez-Estrada

Date: Jun 15, 1989

Affirmation of Federal Rules on Evidence Admissibility and Collateral Estoppel in Embezzlement Cases: U.S. v. Rodriguez-Estrada Introduction The case of United States of America v. Hector M....

Rule 19(b) and the Indispensable Party Standard in Pujol v. Shearson/American Express, Inc.

Date: Jun 6, 1989

Rule 19(b) and the Indispensable Party Standard in Pujol v. Shearson/American Express, Inc. Introduction The case of Francisco Pujol v. Shearson/American Express, Inc., decided by the United States...

Affirmation of Absolute Immunity for Quasi-Judicial Appointees in Family Court Proceedings: Cok v. Cosentino et al.

Date: May 27, 1989

Affirmation of Absolute Immunity for Quasi-Judicial Appointees in Family Court Proceedings: Cok v. Cosentino et al. Introduction The case of Dr. Gladys Cok v. Louis Cosentino et al. (876 F.2d 1)...

Refining the 'Public Official' Standard in Defamation: Kassel v. Gannett Co.

Date: May 25, 1989

Refining the 'Public Official' Standard in Defamation: Kassel v. Gannett Co. Introduction Kassel v. Gannett Co., Inc. is a landmark case from the United States Court of Appeals for the First Circuit,...

Double Jeopardy Implications in Conspiracy Cases: United States v. Garcia-Rosa et al.

Date: May 24, 1989

Double Jeopardy Implications in Conspiracy Cases: United States v. Garcia-Rosa et al. Introduction In the case of United States of America v. Garcia-Rosa et al., the United States Court of Appeals...

Enforcement of Lease Covenants: K-Mart Corp. v. Oriental Plaza, Inc. Establishes Firm Precedent on Injunctive Relief for Contract Breaches

Date: May 11, 1989

Enforcement of Lease Covenants: K-Mart Corp. v. Oriental Plaza, Inc. Establishes Firm Precedent on Injunctive Relief for Contract Breaches Introduction In the landmark case of K-Mart Corporation v....

Guidelines Departure in Diaz-Villafane: A Landmark Sentencing Case

Date: May 5, 1989

Guidelines Departure in Diaz-Villafane: A Landmark Sentencing Case Introduction The case of United States of America v. Wilfredo Diaz-Villafane, decided on May 4, 1989, by the United States Court of...

Strict Contract Interpretation under ERISA: Burnham v. Guardian Life Insurance

Date: May 4, 1989

Strict Contract Interpretation under ERISA: Burnham v. Guardian Life Insurance 1. Introduction Burnham v. Guardian Life Insurance Company of America is a pivotal case adjudicated by the United States...

United States v. Bay State Ambulance: Clarifying Inducement Payments and Medicare Fraud Liability

Date: May 3, 1989

United States v. Bay State Ambulance: Clarifying Inducement Payments and Medicare Fraud Liability Introduction The case of United States of America v. Bay State Ambulance and Hospital Rental Service,...

First Circuit Establishes Proper Application of Local Rule 11(d) in Summary Judgment Motions

Date: Apr 29, 1989

First Circuit Establishes Proper Application of Local Rule 11(d) in Summary Judgment Motions Introduction In the landmark case of Alexander Jaroma v. James J. Massey et al. (873 F.2d 17, 1989), the...

Resentencing Post Partial Conviction Reversal: Upholding Due Process and Double Jeopardy Principles - United States v. Pimienta-Redondo