1st Circuit Case Commentaries

Federal Courts' Authority Over State Insolvency Proceedings: Insights from Fragoso v. Lopez

Date: Apr 6, 1993

Federal Courts' Authority Over State Insolvency Proceedings: Insights from Fragoso v. Lopez Introduction Fragoso v. Lopez, 991 F.2d 878 (1st Cir. 1993), is a seminal appellate decision that...

Enhancing Drug Quantity Determination in Sentencing: Insights from United States v. Barnett and Jordan

Date: Mar 30, 1993

Enhancing Drug Quantity Determination in Sentencing: Insights from United States v. Barnett and Jordan Introduction In the landmark case of United States of America v. Michael Barnett and Barry...

Enhancement for Obstruction of Justice Requires Explicit Findings of Perjury: U.S. v. Tracy Commentary

Date: Mar 30, 1993

Enhancement for Obstruction of Justice Requires Explicit Findings of Perjury: U.S. v. Tracy Commentary Introduction In the landmark case of United States of America v. John L. Tracy, 989 F.2d 1279...

Affirmation of Policy Term Limitations: Post-Expiration Damage Not Covered in San Juan Dupont Plaza Hotel Fire Litigation

Date: Mar 30, 1993

Affirmation of Policy Term Limitations: Post-Expiration Damage Not Covered in San Juan Dupont Plaza Hotel Fire Litigation Introduction The San Juan Dupont Plaza Hotel Fire Litigation serves as a...

Balancing Discovery Protection and Public Access: An Analysis of Poliquin v. Garden Way, Inc.

Date: Mar 25, 1993

Balancing Discovery Protection and Public Access: An Analysis of Poliquin v. Garden Way, Inc. Introduction The case of Richard and Anita Poliquin, Plaintiffs-Appellants, v. Garden Way, Inc.,...

Affirmation of Judicial Authority to Impose Sanctions and Attorney Fees in Bad Faith Litigation: Jones v. Winnepesaukee Realty

Date: Mar 13, 1993

Affirmation of Judicial Authority to Impose Sanctions and Attorney Fees in Bad Faith Litigation: Jones v. Winnepesaukee Realty Introduction Jones v. Winnepesaukee Realty, United States Court of...

Reaffirming the 'Law of the Case' Doctrine: Insights from United States v. Bell

Date: Mar 10, 1993

Reaffirming the 'Law of the Case' Doctrine: Insights from United States v. Bell Introduction United States of America v. Richard Harmon Bell, 988 F.2d 247 (1st Cir. 1993), is a pivotal case that...

Enforcing Federal Protections: Implications of *Casa Marie, Inc. v. Superior Court of Puerto Rico*

Date: Mar 10, 1993

Enforcing Federal Protections: Implications of Casa Marie, Inc. v. Superior Court of Puerto Rico Introduction The case of Casa Marie, Inc., et al. v. Superior Court of Puerto Rico for the District of...

Affirmation of Actual Notice and Opportunity to Correct as Prerequisites to Municipal Liability for Road Hazards in New Hampshire

Date: Mar 6, 1993

Affirmation of Actual Notice and Opportunity to Correct as Prerequisites to Municipal Liability for Road Hazards in New Hampshire Introduction The case of Boston Maine Corporation v. Town of Hampton...

Affirmation of Defense Counsel's Tactical Decisions in Waiving Defendant's Testimonial Rights: United States v. Lema

Date: Mar 4, 1993

Affirmation of Defense Counsel's Tactical Decisions in Waiving Defendant's Testimonial Rights: United States v. Lema Introduction United States v. Lema, 987 F.2d 48 (1st Cir. 1993), addresses...

Clarifying Diversity Jurisdiction: Maintaining Separate Corporate Identities in Partnerships

Date: Mar 4, 1993

Clarifying Diversity Jurisdiction: Maintaining Separate Corporate Identities in Partnerships Introduction The case of Taber Partners I v. Merit Builders, Inc. addresses a pivotal issue in federal...

Reaffirming Personal Jurisdiction Standards: United Electrical Radio and Machine Workers v. 163 Pleasant Street Corp.

Date: Mar 4, 1993

Reaffirming Personal Jurisdiction Standards: United Electrical Radio and Machine Workers v. 163 Pleasant Street Corp. Introduction The case of United Electrical Radio and Machine Workers of America...

Choice-of-Law Principles in Chapter 93A Claims: Northeast Data Systems v. McDonnell Douglas

Date: Mar 3, 1993

Choice-of-Law Principles in Chapter 93A Claims: Northwest Data Systems v. McDonnell Douglas Introduction Northeast Data Systems, Inc. v. McDonnell Douglas Computer Systems Company, 986 F.2d 607 (1st...

ERISA Welfare Plan Waivers: Confirming Mutual Exclusivity in Benefit Programs in Rodriguez-Abreu v. Chase Manhattan Bank

Date: Feb 26, 1993

ERISA Welfare Plan Waivers: Confirming Mutual Exclusivity in Benefit Programs in Rodriguez-Abreu v. Chase Manhattan Bank Introduction Rodriguez-Abreu v. Chase Manhattan Bank, N.A., 986 F.2d 580 (1st...

Reaffirming Summary Judgment Standards in Age Discrimination Claims: Goldman v. First National Bank of Boston

Date: Feb 19, 1993

Reaffirming Summary Judgment Standards in Age Discrimination Claims: Goldman v. First National Bank of Boston Introduction In the case of Robert Goldman v. First National Bank of Boston, decided by...

Affirmation of Absolute Immunity for Court-Appointed Psychologists in § 1983 Claims: Insights from Watterson v. Page et al.

Date: Feb 10, 1993

Affirmation of Absolute Immunity for Court-Appointed Psychologists in § 1983 Claims: Insights from Watterson v. Page et al. Introduction In the landmark case of Watterson v. Page, et al., the United...

Restricting Appellate Review of Remand Orders and Regulating Pro Se Litigation: Cok v. Family Court of Rhode Island

Date: Feb 10, 1993

Restricting Appellate Review of Remand Orders and Regulating Pro Se Litigation: Cok v. Family Court of Rhode Island Introduction The case of Gladys L. Cok v. Family Court of Rhode Island, decided by...

Affirming Managerial Role and Independent Restitution Orders in Racketeering Cases: United States v. Savoie

Date: Feb 9, 1993

Affirming Managerial Role and Independent Restitution Orders in Racketeering Cases: United States v. Savoie Introduction The case of United States of America v. Paul J. Savoie (985 F.2d 612)...

Admissibility of Prior Arrests under Fed.R.Evid. 404(b): Insights from United States v. Garcia

Date: Feb 5, 1993

Admissibility of Prior Arrests under Fed.R.Evid. 404(b): Insights from United States v. Garcia Introduction United States v. Jose A. Garcia and Pablo H. Garcia (983 F.2d 1160, 1st Cir. 1993) is a...

Preserving Intelligence Secrets: Upholding FOIA Exemptions in Maynard v. CIA

Date: Feb 5, 1993

Preserving Intelligence Secrets: Upholding FOIA Exemptions in Maynard v. CIA Introduction In the landmark case of Beatrice Maynard v. Central Intelligence Agency (CIA), adjudicated by the United...