1st Circuit Case Commentaries

Finality of Administrative Decisions in Medicare Reopenings Established in McCuin v. Bowen

Date: Apr 15, 1987

Finality of Administrative Decisions in Medicare Reopenings Established in McCuin v. Bowen Introduction McCuin v. Bowen, 817 F.2d 161 (1st Cir. 1987), is a pivotal case addressing the procedural...

Strict Custody Requirements Affirmed for Federal Habeas Corpus Under 28 U.S.C. § 2254

Date: Apr 14, 1987

Strict Custody Requirements Affirmed for Federal Habeas Corpus Under 28 U.S.C. § 2254 Introduction In the landmark case Alan Lefkowitz, M.D., Petitioner, Appellant, v. Michael Fair, Commissioner,...

Affirming Bankruptcy Courts' Jurisdiction over Post-Petition State Law Contract Claims: In re Arnold Print Works, Inc. Commentary

Date: Mar 31, 1987

Affirming Bankruptcy Courts' Jurisdiction over Post-Petition State Law Contract Claims: In re Arnold Print Works, Inc. 1. Introduction In re Arnold Print Works, Inc., Debtor. Arnold Print Works,...

A Comprehensive Commentary on Trademark Infringement: Volkswagenwerk AG v. Wheeler et al.

Date: Mar 27, 1987

A Comprehensive Commentary on Trademark Infringement: Volkswagenwerk AG v. Wheeler et al. 1. Introduction The case of Volkswagenwerk Aktiengesellschaft (VWAG) v. Kenneth G. Wheeler, et al.,...

Justifiable Reliance and Statute of Limitations in Securities Fraud: Analyzing Swartz v. Josephthal Co.

Date: Mar 27, 1987

Justifiable Reliance and Statute of Limitations in Securities Fraud: Analyzing Swartz v. Josephthal Co. Introduction The case of Thorburn Kennedy, Trustee, et al., Plaintiffs, Appellees, v....

Establishing the Substantial Evidence Standard in SSA Disability Determinations

Date: Mar 25, 1987

Establishing the Substantial Evidence Standard in SSA Disability Determinations Introduction The case of Nicasio Rodriguez Pagan v. Secretary of Health and Human Services (819 F.2d 1) adjudicated by...

Enhancing the Boundaries of Terry Stops: Insights from United States v. Quinn

Date: Mar 24, 1987

Enhancing the Boundaries of Terry Stops: Insights from United States v. Quinn Introduction In the landmark case of United States v. Quinn, 815 F.2d 153 (1st Cir. 1987), the United States Court of...

Roeder v. Alpha Industries: Defining Disclosure Obligations in Securities Fraud and Pattern Requirements under RICO

Date: Mar 24, 1987

Roeder v. Alpha Industries: Defining Disclosure Obligations in Securities Fraud and Pattern Requirements under RICO Introduction Roeder v. Alpha Industries, 814 F.2d 22 (1st Cir. 1987), is a pivotal...

Affirmation of Set-Off Rights and Comprehensive Settlement Agreements in Commercial Disputes: Cianbro Corp. v. Curran-Lavoie, Inc.

Date: Mar 19, 1987

Affirmation of Set-Off Rights and Comprehensive Settlement Agreements in Commercial Disputes: Cianbro Corp. v. Curran-Lavoie, Inc. Introduction The case of Cianbro Corporation v. Curran-Lavoie, Inc....

Judgment on Regulatory Taking: Culebras Enterprises Corp. v. Rivera Rios Establishes Limits on Damages in Inverse Condemnation Cases

Date: Mar 12, 1987

Regulatory Taking and Damages: Comprehensive Analysis of Culebras Enterprises Corp. v. Rivera Rios (813 F.2d 506) Introduction In the landmark case of Culebras Enterprises Corp., et al. v. Miguel A....

Dudley v. Secretary of Health and Human Services: Clarifying Disability Determinations under Social Security Law

Date: Feb 26, 1987

Dudley v. Secretary of Health and Human Services: Clarifying Disability Determinations under Social Security Law Introduction In Dudley v. Secretary of Health and Human Services, 816 F.2d 792 (1st...

Restricting §1983 Claims Against Municipal Zoning Boards: Insights from CHONGRIS v. BOARD OF APPEALS of Andover

Date: Feb 13, 1987

Restricting §1983 Claims Against Municipal Zoning Boards: Insights from CHONGRIS v. BOARD OF APPEALS of Andover Introduction CHONGRIS v. BOARD OF APPEALS of Andover, 811 F.2d 36 (1st Cir. 1987), is a...

Limitations on Appellate Review and Standing for Former Trustees in Bankruptcy Proceedings – In re El San Juan Hotel

Date: Jan 16, 1987

Limitations on Appellate Review and Standing for Former Trustees in Bankruptcy Proceedings – In re El San Juan Hotel Introduction The case In re El San Juan Hotel, Debtor, Appeal of Hector M....

Reasonable Suspicion in High Crime Areas: Insights from UNITED STATES v. TRULLO

Date: Jan 14, 1987

Reasonable Suspicion in High Crime Areas: Insights from UNITED STATES v. TRULLO Introduction UNITED STATES v. TRULLO, 809 F.2d 108 (1st Cir. 1987), is a pivotal case that delves into the boundaries...

Reaffirming the Proper Application of Step 2 Severity Assessment in Disability Claims: Insights from Domingo Gonzalez Perez v. Secretary of Health and Human Services

Date: Jan 13, 1987

Reaffirming the Proper Application of Step 2 Severity Assessment in Disability Claims: Insights from Domingo Gonzalez Perez v. Secretary of Health and Human Services Introduction Domingo Gonzalez...

Establishing Probable Cause for Civil Forfeiture under 21 U.S.C. § 881(a)(6): United States v. $250,000 in United States Currency

Date: Jan 10, 1987

Establishing Probable Cause for Civil Forfeiture under 21 U.S.C. § 881(a)(6): United States v. $250,000 in United States Currency Introduction In the landmark case of United States of America v....

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