1st Circuit Case Commentaries

Jurisdictional Autonomy in Diversity Cases: URI v. Chesterton Co.

Date: Aug 17, 1993

Jurisdictional Autonomy in Diversity Cases: University of Rhode Island v. Chesterton Company Introduction The case of University of Rhode Island (URI) v. A.W. Chesterton Company addresses critical...

Requirement of Expert Testimony in Puerto Rico Medical Malpractice Cases: Insights from Rolon-Alvarado v. Municipality of San Juan

Date: Aug 10, 1993

Requirement of Expert Testimony in Puerto Rico Medical Malpractice Cases: Insights from Rolon-Alvarado v. Municipality of San Juan Introduction In the landmark case of Sandra Rolon-Alvarado v....

Reaffirming the Burden-Shifting Framework in Political Discrimination Claims: Franco Acevedo-Diaz v. Aponte

Date: Aug 4, 1993

Reaffirming the Burden-Shifting Framework in Political Discrimination Claims: Franco Acevedo-Diaz v. Aponte Introduction The case of Franco Acevedo-Diaz, et al. v. Jose E. Aponte, et al. addressed...

Independent Review and Holistic Evaluation of IEPs Under IDEA: Lenn v. Portland School Committee

Date: Jul 16, 1993

Independent Review and Holistic Evaluation of IEPs Under IDEA: Lenn v. Portland School Committee Introduction The case of DANIEL LENN, ETC., ET AL., PLAINTIFFS, APPELLANTS, v. PORTLAND SCHOOL...

Provisional Remedies in Bankruptcy: First Circuit Affirms Due Process in Ulpiano Unanue Casal Case

Date: Jul 8, 1993

Provisional Remedies in Bankruptcy: First Circuit Affirms Due Process in Ulpiano Unanue Casal Case 1. Introduction The case of In Re Ulpiano Unanue Casal, Debtor presents pivotal considerations...

Howard v. United States: Establishing Jurisdiction and Standards in Extradition Appeals under the U.S.-U.K. Supplementary Treaty

Date: Jul 1, 1993

Howard v. United States: Establishing Jurisdiction and Standards in Extradition Appeals under the U.S.-U.K. Supplementary Treaty Introduction The case of United States of America v. Curtis Andrew...

Superseding Indictment Relates Back to Original Filing Date for Statute of Limitations Purposes

Date: Jun 30, 1993

Superseding Indictment Relates Back to Original Filing Date for Statute of Limitations Purposes Introduction In the case of United States of America v. David S. O'Bryant, decided on June 29, 1993,...

Anticipatory Search Warrants and Fourth Amendment Protections: Analysis of United States v. Ricciardelli

Date: Jun 23, 1993

Anticipatory Search Warrants and Fourth Amendment Protections: Analysis of United States v. Ricciardelli Introduction United States v. Ricciardelli (998 F.2d 8) is a landmark case decided by the...

Establishing Standards for Sufficiency of Evidence and Admissibility of Grand Jury Testimony in Drug Conspiracy Cases: UNITED STATES v. KENNETH INNAMORATI et al. (1st Cir. 1993)

Date: Jun 18, 1993

Establishing Standards for Sufficiency of Evidence and Admissibility of Grand Jury Testimony in Drug Conspiracy Cases: UNITED STATES v. KENNETH INNAMORATI et al. (1st Cir. 1993) Introduction In the...

Establishing Guidelines for Reallocation of Court-Imposed Cost-Sharing in Mass Disaster Litigation

Date: Jun 5, 1993

Establishing Guidelines for Reallocation of Court-Imposed Cost-Sharing in Mass Disaster Litigation Introduction The case In Re Two Appeals Arising Out of the San Juan Dupont Plaza Hotel Fire...

Enhancing Judicial Discretion: Proper Analysis of Departures from Federal Sentencing Guidelines

Date: Jun 5, 1993

Enhancing Judicial Discretion: Proper Analysis of Departures from Federal Sentencing Guidelines Introduction The landmark decision in United States v. Mirna Rivera and United States v. Robert Adamo...

Balancing First Amendment Protections and Political Affiliation in Public Employment: Insights from O'Connor v. Steeves

Date: May 29, 1993

Balancing First Amendment Protections and Political Affiliation in Public Employment: Insights from O'Connor v. Steeves Introduction The case PATRICK J. O'CONNOR v. ROBERT W. STEEVES, ET AL. (994...

Successor and Parent Company Liability under CERCLA: Insights from The Boyd Company v. Boston Gas

Date: May 27, 1993

Successor and Parent Company Liability under CERCLA: Insights from The Boyd Company v. Boston Gas Introduction The case of The John S. Boyd Company, Inc., et al. v. Boston Gas Company, et al. (992...

Appellate Jurisdiction and Procedural Fairness in Perez-Perez v. Popular Leasing Rental, Inc.

Date: May 26, 1993

Appellate Jurisdiction and Procedural Fairness in Perez-Perez v. Popular Leasing Rental, Inc. Introduction Perez-Perez v. Popular Leasing Rental, Inc. is a landmark case adjudicated by the United...

Affirmed: Massachusetts IOLTA Program Upheld as Constitutional

Date: May 21, 1993

Affirmed: Massachusetts IOLTA Program Upheld as Constitutional Introduction In the landmark case Washington Legal Foundation, et al., Plaintiffs, Appellants, v. Massachusetts Bar Foundation, et al.,...

High Threshold for Rule 60(b)(6) Relief Affirmed in Cotto v. United States

Date: May 20, 1993

High Threshold for Rule 60(b)(6) Relief Affirmed in Cotto v. United States Introduction Cotto and Torres v. United States of America (993 F.2d 274) is a pivotal case adjudicated by the United States...

IN RE HEMINGWAY TRANSPORT, INC.: Bankruptcy §502(e)(1)(B) and CERCLA Claims

Date: May 5, 1993

IN RE HEMINGWAY TRANSPORT, INC.: Bankruptcy §502(e)(1)(B) and CERCLA Claims Introduction The case of IN RE HEMINGWAY TRANSPORT, INC., et al., Debtors, embroils complex intersections between...

Eleventh Amendment Immunity for State Agencies: Insights from Metcalf Eddy, Inc. v. PRASA

Date: May 4, 1993

Eleventh Amendment Immunity for State Agencies: Insights from Metcalf Eddy, Inc. v. PRASA Introduction Metcalf Eddy, Inc., Plaintiff-Appellee v. Puerto Rico Aqueduct and Sewer Authority (PRASA),...

Affirming Title IX Protections: The Landmark Decision in Cohen v. Brown University

Date: Apr 17, 1993

Affirming Title IX Protections: The Landmark Decision in Cohen v. Brown University Introduction Cohen v. Brown University, 991 F.2d 888 (1st Cir. 1993), is a pivotal case in the landscape of gender...

Qualified Immunity and Equitable Relief in First Amendment Employment Disputes

Date: Apr 15, 1993

Qualified Immunity and Equitable Relief in First Amendment Employment Disputes Introduction Carmen Nereida-Gonzalez v. Cirilo Tirado-Delgado, et al., 990 F.2d 701 (1st Cir. 1993), presents a pivotal...