1st Circuit Case Commentaries

Affirmation of Reasonable Accommodation Obligations under Section 504: WYNNE v. TUFTS UNIVERSITY SCHOOL OF MEDICINE

Date: Oct 7, 1992

Affirmation of Reasonable Accommodation Obligations under Section 504: WYNNE v. TUFTS UNIVERSITY SCHOOL OF MEDICINE Introduction The case of Steven WYNNE v. TUFTS UNIVERSITY SCHOOL OF MEDICINE,...

Defining 'Particular Social Groups' in Asylum Law: Comprehensive Analysis of Ravindran v. INS

Date: Oct 1, 1992

Defining 'Particular Social Groups' in Asylum Law: Comprehensive Analysis of Ravindran v. INS Introduction The case of Valli Kandiah Ravindran v. Immigration and Naturalization Service, 976 F.2d 754...

Honda Motorcycle Franchise Agreement Enforceability Under Judicial Admissions

Date: Sep 29, 1992

Honda Motorcycle Franchise Agreement Enforceability Under Judicial Admissions Introduction The case Schott Motorcycle Supply, Inc. v. American Honda Motor Company, Inc. (976 F.2d 58) adjudicated by...

Lodestar Calculation and Fee Enhancement Standards Under 42 U.S.C. § 1988: Lipsett v. Blanco et al.

Date: Sep 24, 1992

Lodestar Calculation and Fee Enhancement Standards Under 42 U.S.C. § 1988: Lipsett v. Blanco et al. Introduction Lipsett v. Gumersindo Blanco et al., 975 F.2d 934 (1st Cir. 1992), is a pivotal case...

Heightened Particularity Requirements for Securities Fraud Claims: Greenstone v. Cambex Corporation

Date: Sep 19, 1992

Heightened Particularity Requirements for Securities Fraud Claims: Greenstone v. Cambex Corporation Introduction The case Amy Greenstone v. Cambex Corporation (975 F.2d 22) was adjudicated by the...

Establishing Rigorous Standards for Punitive Damages in Section 1983 Actions: Analysis of Davet v. Maccarone (1st Cir. 1992)

Date: Aug 20, 1992

Establishing Rigorous Standards for Punitive Damages in Section 1983 Actions Davet v. Maccarone et al. (1st Cir. 1992) Introduction Davet v. Maccarone et al. is a pivotal case decided by the United...

DEDHAM WATER CO. v. CUMBERLAND FARMS DAIRY: Establishing Causation Standards Under CERCLA

Date: Aug 19, 1992

DEDHAM WATER CO. v. CUMBERLAND FARMS DAIRY: Establishing Causation Standards Under CERCLA Introduction Dedham Water Co., Inc., et al. v. Cumberland Farms Dairy, Inc., 972 F.2d 453, is a pivotal case...

Certification Requirements Do Not Confer Protected Property Interests: Commentary on Coyne v. City of Somerville

Date: Aug 18, 1992

Certification Requirements Do Not Confer Protected Property Interests: Commentary on Coyne v. City of Somerville Introduction In the landmark case of Coyne v. City of Somerville, decided on August...

Interest Payment Obligations Under M.G.L. ch. 175 § 99: Insights from Mullen v. St. Paul Fire and Marine Insurance Co.

Date: Aug 18, 1992

Interest Payment Obligations Under M.G.L. ch. 175 § 99: Insights from Mullen v. St. Paul Fire and Marine Insurance Co. Introduction James X. Mullen and Mullen Advertising, Inc. v. St. Paul Fire and...

Application of Bulk Grain Cargo Regulations to Foreign Vessels

Date: Aug 14, 1992

Application of Bulk Grain Cargo Regulations to Foreign Vessels: Continental Grain Co. v. Puerto Rico Maritime Shipping Authority Introduction Continental Grain Company, et al. v. Puerto Rico Maritime...

Federal Preemption of State Usury Laws: Greenwood Trust Co. v. Commonwealth of Massachusetts

Date: Aug 7, 1992

Federal Preemption of State Usury Laws: Greenwood Trust Co. v. Commonwealth of Massachusetts Introduction The case of Greenwood Trust Company v. Commonwealth of Massachusetts, decided by the United...

Rumford Pharmacy v. City of East Providence: Affirming the Necessity of Demonstrating Unavailable Adequate State Remedies in §1983 Due Process Claims

Date: Aug 1, 1992

Rumford Pharmacy v. City of East Providence: Affirming the Necessity of Demonstrating Unavailable Adequate State Remedies in §1983 Due Process Claims Introduction Rumford Pharmacy, Inc. v. City of...

Clarifying Creditor Joinder and Good Faith Standards in Involuntary Chapter 11 Cases: In Re LaRoche

Date: Jul 18, 1992

Clarifying Creditor Joinder and Good Faith Standards in Involuntary Chapter 11 Cases: In Re LaRoche Introduction In Re LaRoche, 969 F.2d 1299 (1st Cir. 1992), addresses critical issues pertaining to...

Affirmation of Corps' Section 404 Permit Decision: Deference to Environmental Assessments and Practicable Alternatives

Date: Jul 16, 1992

Affirmation of Corps' Section 404 Permit Decision: Deference to Environmental Assessments and Practicable Alternatives Introduction The case of TOWN OF NORFOLK AND TOWN OF WALPOLE, PLAINTIFFS,...

Equitable Subordination and Federal Defenses in Bank Receivership: Insights from In Re 604 Columbus Avenue Realty Trust

Date: Jun 20, 1992

Equitable Subordination and Federal Defenses in Bank Receivership: Insights from In Re 604 Columbus Avenue Realty Trust Introduction The case of In Re 604 Columbus Avenue Realty Trust, Debtor....

Distinguishing Regulatory Fees from Taxes: San Juan Cellular v. PSCPR Establishes Clear Criteria

Date: Jun 13, 1992

Distinguishing Regulatory Fees from Taxes: San Juan Cellular v. Public Service Commission of Puerto Rico Establishes Clear Criteria Introduction In San Juan Cellular Telephone Company, etc.,...

Establishing Culpable Presence at Point of Sale: Analysis of U.S. v. Ortiz and Nunez

Date: Jun 11, 1992

Establishing Culpable Presence at Point of Sale: Analysis of U.S. v. Ortiz and Nunez Introduction In the landmark case of United States of America v. Ruben Ortiz De Jesus and Felix Nunez Molina,...

Affirmation of Summary Dismissal in Section 2255 Motions: Barrett v. United States, 965 F.2d 1184

Date: Jun 9, 1992

Affirmation of Summary Dismissal in Section 2255 Motions: Barrett v. United States, 965 F.2d 1184 Introduction In the landmark case of Barrett v. United States, 965 F.2d 1184 (1st Cir. 1992), the...

Gar-Tec Products, Inc. v. Boits: Establishing Limits on Stream of Commerce in Personal Jurisdiction

Date: Jun 6, 1992

Gar-Tec Products, Inc. v. Boits: Establishing Limits on Stream of Commerce in Personal Jurisdiction Introduction Gar-Tec Products, Inc. v. Boits, 967 F.2d 671 (1st Cir. 1992), is a pivotal case in...

Federal Courts Retain Jurisdiction Over Pending Litigation Against Failed Financial Institutions Post-FDIC Receivership

Date: May 16, 1992

Federal Courts Retain Jurisdiction Over Pending Litigation Against Failed Financial Institutions Post-FDIC Receivership Introduction In the landmark case Marquis et al. v. Federal Deposit Insurance...