1st Circuit Case Commentaries

Limitations on Vicarious Liability of Law Firms for Partners' Personal Business: Sheinkopf v. Stone

Date: Mar 8, 1991

Limitations on Vicarious Liability of Law Firms for Partners' Personal Business: Sheinkopf v. Stone Introduction The case of Warren B. Sheinkopf v. John K.P. Stone III, decided by the United States...

Informed Plea Requirements under Rule 11: Insights from United States v. Allard

Date: Mar 1, 1991

Informed Plea Requirements under Rule 11: Insights from United States v. Allard Introduction United States v. Raymond P. Allard, 926 F.2d 1237 (1st Cir. 1991), serves as a pivotal case in...

Equitable Subordination and Fraudulent Transfers in Bankruptcy: Insights from MAX SUGARMAN FUNERAL HOME, INC. v. A.D.B. INVESTORS

Date: Mar 1, 1991

Equitable Subordination and Fraudulent Transfers in Bankruptcy: Insights from MAX SUGARMAN FUNERAL HOME, INC. v. A.D.B. INVESTORS Introduction The case of Max Sugarman Funeral Home, Inc., et al. v....

Reaffirming the Sufficiency of Circumstantial Evidence in Drug Conspiracy Convictions: Analysis of UNITED STATES OF AMERICA v. JOHNNY RAFAEL BATISTA-POLANCO

Date: Mar 1, 1991

Reaffirming the Sufficiency of Circumstantial Evidence in Drug Conspiracy Convictions: Analysis of UNITED STATES OF AMERICA v. JOHNNY RAFAEL BATISTA-POLANCO Introduction The case of UNITED STATES OF...

Substantive Due Process and Family Associational Privacy: Pittsley v. Warish

Date: Feb 28, 1991

Substantive Due Process and Family Associational Privacy: Pittsley v. Warish Introduction Pittsley v. Warish, 927 F.2d 3 (1st Cir. 1991), is a pivotal case addressing the boundaries of substantive...

Judicial Scrutiny of Fee Applications in Class Action Discontinuances: The Weinberger v. Great Northern Nekoosa Decision

Date: Feb 12, 1991

Judicial Scrutiny of Fee Applications in Class Action Discontinuances: The Weinberger v. Great Northern Nekoosa Decision Introduction The case of William Weinberger, et al. v. Great Northern Nekoosa...

Establishing Burden of Proof in ADEA Age Discrimination Cases: Connell v. Bank of Boston

Date: Jan 29, 1991

Establishing Burden of Proof in ADEA Age Discrimination Cases: Connell v. Bank of Boston 1. Introduction Thomas B. Connell v. Bank of Boston and John S. Ingalls, 924 F.2d 1169 (1st Cir. 1991),...

Reinforcing Res Judicata: The Importance of Asserting All Jurisdictional Bases in Initial Litigation – Kale v. Combined Insurance

Date: Jan 26, 1991

Reinforcing Res Judicata: The Importance of Asserting All Jurisdictional Bases in Initial Litigation – Kale v. Combined Insurance Introduction The case of Carl Kale v. Combined Insurance Company of...

Clarifying Primary and Other Insurance Obligations in Indemnification Claims: CNA vs. CUI and UMass

Date: Jan 26, 1991

Clarifying Primary and Other Insurance Obligations in Indemnification Claims: CNA vs. CUI and UMass Introduction The case of Continental Casualty Co. v. Canadian Universal Insurance Co. presents a...

Torraco v. Maloney: Clarifying the Standard for Deliberate Indifference to Inmate Mental Health under the Eighth Amendment

Date: Jan 19, 1991

Torraco v. Maloney: Clarifying the Standard for Deliberate Indifference to Inmate Mental Health under the Eighth Amendment Introduction The case ELLEN TORRACO, ETC., PLAINTIFF, APPELLANT, v. MICHAEL...

Substitution of the United States and the Discretionary Function Exception under the FTCA: An Analysis of Kelly v. United States

Date: Jan 18, 1991

Substitution of the United States and the Discretionary Function Exception under the FTCA: An Analysis of Kelly v. United States Introduction John L. Kelly v. United States of America, 924 F.2d 355...

Enhancement for Obstruction of Justice under U.S.S.G. § 3C1.1: Insights from United States v. Adegboyega Akitoye

Date: Jan 11, 1991

Enhancement for Obstruction of Justice under U.S.S.G. § 3C1.1: Insights from United States v. Adegboyega Akitoye Introduction United States v. Adegboyega Akitoye (923 F.2d 221, 1st Cir. 1991) is a...

Res Judicata Applied to Equitable Subordination Claims in Bankruptcy Proceedings: In re Medomak Canning

Date: Dec 29, 1990

Res Judicata Applied to Equitable Subordination Claims in Bankruptcy Proceedings: In re Medomak Canning Introduction The case of In re Medomak Canning, Debtor involves complex issues surrounding...

Sabree v. United Brotherhood of Carpenters and Joiners Local No. 33: Expanding the Doctrine of Continuing Violations under Title VII

Date: Dec 28, 1990

Sabree v. United Brotherhood of Carpenters and Joiners Local No. 33: Expanding the Doctrine of Continuing Violations under Title VII Introduction This commentary analyzes the landmark appellate...

Enhancing Pretrial Detention Standards: The Tortora Case Under 18 U.S.C. § 3142(e)

Date: Dec 28, 1990

Enhancing Pretrial Detention Standards: The Tortora Case Under 18 U.S.C. § 3142(e) Introduction In the landmark case United States of America v. Carmen A. Tortora (922 F.2d 880, 1st Cir. 1990), the...

Clarifying the Burden of Proof in Age Discrimination Cases: Hugo v. Olivera

Date: Dec 28, 1990

Clarifying the Burden of Proof in Age Discrimination Cases: Hugo v. Olivera Introduction Hugo v. Olivera, 922 F.2d 43 (1990), is a pivotal case adjudicated by the United States Court of Appeals for...

Limitation of Equity Receiver's Powers in Representing Third-Party Investors: Fleming v. Lind-Waldock Co. Analysis

Date: Dec 20, 1990

Limitation of Equity Receiver's Powers in Representing Third-Party Investors: Fleming v. Lind-Waldock Co. Analysis Introduction Fleming v. Lind-Waldock Co., 922 F.2d 20 (1st Cir. 1990) is a seminal...

Clarifying the Singular Direction of Departure in Sentencing: United States v. Harotunian

Date: Dec 6, 1990

Clarifying the Singular Direction of Departure in Sentencing: United States v. Harotunian Introduction United States of America v. Dennis Harotunian, 920 F.2d 1040 (1st Cir. 1990), is a pivotal...

Relevant Conduct and Limits on Downward Departures in Federal Drug Sentencing: Analysis of United States v. Sklar

Date: Dec 4, 1990

Relevant Conduct and Limits on Downward Departures in Federal Drug Sentencing: Analysis of United States v. Sklar Introduction United States v. Sklar, 920 F.2d 107 (1st Cir. 1990), is a pivotal case...

Objective Reasonableness in Excessive Force Claims: Gaudreault v. Municipality of Salem

Date: Nov 20, 1990

Objective Reasonableness in Excessive Force Claims: Gaudreault v. Municipality of Salem Introduction Gaudreault v. Municipality of Salem, Massachusetts, et al. (923 F.2d 203) is a landmark case...