1st Circuit Case Commentaries

Affirmation of Vicarious Liability and Evidentiary Standards in Veranda Beach Club Ltd. Partnership v. Western Surety Co.

Date: Jun 11, 1991

Affirmation of Vicarious Liability and Evidentiary Standards in Veranda Beach Club Ltd. Partnership v. Western Surety Co. Introduction The case of Veranda Beach Club Limited Partnership v. Western...

Re-evaluation of Forum Non Conveniens: First Circuit Vacates Dismissal in Mercier v. Sheraton International

Date: Jun 5, 1991

Re-evaluation of Forum Non Conveniens: First Circuit Vacates Dismissal in Mercier v. Sheraton International Introduction The case of George E. Mercier, et al., Plaintiffs, Appellants, v. Sheraton...

Affirmation of Denial of Preliminary Injunction in Narragansett Indian Tribe Encroachment Case

Date: May 31, 1991

Affirmation of Denial of Preliminary Injunction in Narragansett Indian Tribe Encroachment Case Introduction The case of Narragansett Indian Tribe, et al. v. Paul E. Guilbert addresses significant...

Affirmation of Insurance Rescission and Emotional Distress in Borden v. Paul Revere Life Insurance

Date: May 31, 1991

Affirmation of Insurance Rescission and Emotional Distress in Borden v. Paul Revere Life Insurance Introduction The case of Ronald Borden, et al. v. The Paul Revere Life Insurance Company,...

Affirmation of Non-Disability Determination in Santiago v. Secretary of Health and Human Services

Date: May 29, 1991

Affirmation of Non-Disability Determination in Santiago v. Secretary of Health and Human Services Introduction Santiago v. Secretary of Health and Human Services, 944 F.2d 1 (1st Cir. 1991), is a...

Defining Disability in the Context of Chronic Alcoholism: Insights from Arroyo v. Secretary of Health and Human Services

Date: May 9, 1991

Defining Disability in the Context of Chronic Alcoholism: Insights from Arroyo v. Secretary of Health and Human Services Introduction The case of Jose E. Arroyo v. Secretary of Health and Human...

Affirmation of the D'Oench Doctrine in Limiting Claims Against the FDIC

Date: May 4, 1991

Affirmation of the D'Oench Doctrine in Limiting Claims Against the FDIC Introduction The case of Timberland Design, Inc. and William C. Barnsley v. First Service Bank for Savings, adjudicated by the...

Exhaustion of State Remedies in Takings Claims: Gilbert v. City of Cambridge

Date: May 4, 1991

Exhaustion of State Remedies in Takings Claims: Gilbert v. City of Cambridge Introduction The case of Howard H. Gilbert, Jr., et al. v. City of Cambridge, et al., 932 F.2d 51 (1st Cir. 1991),...

Limits on Attorney’s Fees in Civil Rights Litigation: Insights from Diane Lewis v. Henry and Lee Kendrick

Date: Apr 27, 1991

Limits on Attorney’s Fees in Civil Rights Litigation: Insights from Diane Lewis v. Henry and Lee Kendrick Introduction The case of Diane Lewis v. Henry Kendrick and Lee Kendrick, adjudicated by the...

Double Jeopardy Protections in CCE and Conspiracy Charges: United States v. Rivera-Martinez

Date: Apr 27, 1991

Double Jeopardy Protections in CCE and Conspiracy Charges: United States v. Rivera-Martinez Introduction The case of United States of America v. Hector Rivera-Martinez, decided by the United States...

Newman v. Massachusetts: Clarifying Due Process Standards in Academic Plagiarism Proceedings

Date: Apr 23, 1991

Newman v. Massachusetts: Clarifying Due Process Standards in Academic Plagiarism Proceedings Introduction Newman v. Massachusetts is a pivotal case adjudicated by the United States Court of Appeals...

Limitations on Eleventh Amendment Immunity: Insurers Cannot Shield Themselves When Sued Under Direct Action Statute

Date: Apr 20, 1991

Limitations on Eleventh Amendment Immunity: Insurers Cannot Shield Themselves When Sued Under Direct Action Statute Introduction The case of Pablo de Leon Lopez v. Corporacion Insular de Seguros (931...

Application of Summary Judgment in Academic Tenure Discrimination: Villanueva v. Wellesley College

Date: Apr 20, 1991

Application of Summary Judgment in Academic Tenure Discrimination: Villanueva v. Wellesley College Introduction Villanueva v. Wellesley College, 930 F.2d 124 (1st Cir. 1991), is a pivotal case...

Adherence to Rule 9(b) in Securities Fraud Litigation: Insights from Romani v. Shearson Lehman Hutton

Date: Apr 9, 1991

Adherence to Rule 9(b) in Securities Fraud Litigation: Insights from Romani v. Shearson Lehman Hutton Introduction In the landmark case Romani v. Shearson Lehman Hutton, 929 F.2d 875 (1st Cir. 1991),...

Strict Compliance with Rule 4(c)(2)(C)(ii) Essential for Establishing Personal Jurisdiction: Media Duplication Services Ltd. v. HDG Software Inc.

Date: Mar 28, 1991

Strict Compliance with Rule 4(c)(2)(C)(ii) Essential for Establishing Personal Jurisdiction: Media Duplication Services Ltd. v. HDG Software Inc. Introduction Media Duplication Services, Ltd. v. HDG...

Community Caretaking and Canine Sniff Tests: Clarifying Fourth Amendment Protections in United States v. Rodriguez-Morales

Date: Mar 28, 1991

Community Caretaking and Canine Sniff Tests: Clarifying Fourth Amendment Protections in United States v. Rodriguez-Morales Introduction United States of America v. Osvaldo Rodriguez-Morales is a...

Enhancing the Integrity of Criminal Proceedings: The Duty of Timely Disclosure of Exculpatory Evidence in UNITED STATES v. LORENZO OSORIO

Date: Mar 27, 1991

Enhancing the Integrity of Criminal Proceedings: The Duty of Timely Disclosure of Exculpatory Evidence in United States v. Lorenzo Osorio Introduction In the landmark case of United States v. Lorenzo...

Affirmation of Dismissal for Discovery Non-Compliance: Marx v. Kelly, Hart Hallman, P.C. et al.

Date: Mar 27, 1991

Affirmation of Dismissal for Discovery Non-Compliance: Marx v. Kelly, Hart Hallman, P.C. et al. Introduction In James M. Marx v. Kelly, Hart Hallman, P.C., d/b/a Kelly, Appleman, Hart and Hallman, et...

Rodriguez v. United States: Establishing Standards for Conflict of Interest in Legal Representation

Date: Mar 19, 1991

Rodriguez v. United States: Establishing Standards for Conflict of Interest in Legal Representation Introduction United States v. Carlos Rodriguez Rodriguez (929 F.2d 747, 1991) is a pivotal case...

Affirmation of Due Process and Equal Protection Standards in § 1983 Claims: PFZ Properties, Inc. v. Rodriguez

Date: Mar 19, 1991

Affirmation of Due Process and Equal Protection Standards in § 1983 Claims: PFZ Properties, Inc. v. Rodriguez Introduction The case of PFZ Properties, Inc. v. Rene Alberto Rodriguez (928 F.2d 28,...