1st Circuit Case Commentaries

Affirmation of Alford Plea Standards and Ineffective Assistance of Counsel: United States v. Kobrosky

Date: Jul 6, 1983

Affirmation of Alford Plea Standards and Ineffective Assistance of Counsel: United States v. Kobrosky Introduction In the landmark case of United States of America v. Milton L. Kobrosky, 711 F.2d 449...

Establishing Priority for Employer-Funded Employee Benefit Premiums under 11 U.S.C. §507(a)(4) – In Re Saco Local Development Corp.

Date: Jun 28, 1983

Establishing Priority for Employer-Funded Employee Benefit Premiums under 11 U.S.C. §507(a)(4) Introduction The case of In Re Saco Local Development Corp., Leather Comfort Corporation, Kirstein...

Bankruptcy Court Must Resolve Shareholder Disputes Before Authorizing Asset Sales: Insights from In Re Coastal Cable T.V., Inc.

Date: Jun 22, 1983

Bankruptcy Court Must Resolve Shareholder Disputes Before Authorizing Asset Sales: Insights from In Re Coastal Cable T.V., Inc. Introduction The case of In Re Coastal Cable T.V., Inc. presents a...

Single Employer Doctrine Affirmed in Penntech Papers, Inc. v. NLRB

Date: Apr 27, 1983

Single Employer Doctrine Affirmed in Penntech Papers, Inc. v. NLRB Introduction The case of Penntech Papers, Inc., T.P. Property Corporation, and Kennebec River Pulp and Paper Company v. National...

Affirming Dismissal under Fed. R. Civ. P. 37(b)(2)(C) for Discovery Non-Compliance

Date: Mar 31, 1983

Affirming Dismissal under Fed. R. Civ. P. 37(b)(2)(C) for Discovery Non-Compliance Introduction The case of Louis M. Damiani, M.D. v. Rhode Island Hospital, et al. (704 F.2d 12) addresses the...

Admiralty Law's Limitations in Asbestos Liability Claims Confirmed

Date: Mar 31, 1983

Admiralty Law's Limitations in Asbestos Liability Claims Confirmed Introduction In the landmark case of Margaret Austin, etc., Plaintiff, Appellant, v. Unarco Industries, Inc., et al., Defendants,...

Substantial Evidence and Procedural Safeguards in Disability Claims: Analysis of Falu v. Secretary of Health and Human Services

Date: Mar 30, 1983

Substantial Evidence and Procedural Safeguards in Disability Claims: Analysis of Falu v. Secretary of Health and Human Services Introduction In the landmark case of Daniella Falu v. Secretary of...

Establishing Strict Liability for Fraudulent Transfers in Bankruptcy Proceedings: Insights from In Re Roco Corporation

Date: Mar 3, 1983

Establishing Strict Liability for Fraudulent Transfers in Bankruptcy Proceedings: Insights from In Re Roco Corporation Introduction In Re Roco Corporation, D/B/A Standard Supply Company, Debtor;...

Establishing Standards for Franks Hearings and Accomplice Liability in Federal Gambling Cases: Analysis of United States of America v. Southard et al., 700 F.2d 1 (1st Cir. 1983)

Date: Jan 29, 1983

Establishing Standards for Franks Hearings and Accomplice Liability in Federal Gambling Cases: Analysis of United States of America v. Southard et al., 700 F.2d 1 (1st Cir. 1983) Introduction In...

Affirmation of High Seas Marijuana Conspiracy Convictions: Fourth Amendment and International Law Implications

Date: Jan 26, 1983

Affirmation of High Seas Marijuana Conspiracy Convictions: Fourth Amendment and International Law Implications Introduction The case of United States of America v. David Keith Hensel et al., reported...

Broad Interpretation of "Transacting Any Business": Personal Jurisdiction in Hahn v. Vermont Law School

Date: Jan 22, 1983

Broad Interpretation of "Transacting Any Business": Personal Jurisdiction in Hahn v. Vermont Law School Introduction The case of William A. Hahn v. Vermont Law School (698 F.2d 48, 1983) serves as a...

Affirmation of the Lodestar Method with Adjustments for Specialist Rates in Attorney Fee Awards

Date: Jan 19, 1983

Affirmation of the Lodestar Method with Adjustments for Specialist Rates in Attorney Fee Awards Introduction The case of EFRAIN MACEIRA, ET AL. v. LUIS ENRIQUE PAGAN, adjudicated by the United States...

Defining Government Action in Legal Assistance: Lopez Gerena v. Puerto Rico Legal Services

Date: Jan 8, 1983

Defining Government Action in Legal Assistance: Lopez Gerena v. Puerto Rico Legal Services Introduction Lopez Gerena v. Puerto Rico Legal Services, Inc., 697 F.2d 447 (1st Cir. 1983), is a pivotal...

First Circuit Clarifies Creditor Liability Under Bankruptcy's Automatic Stay: In Re Smith Corset Shops, Inc.

Date: Dec 28, 1982

First Circuit Clarifies Creditor Liability Under Bankruptcy's Automatic Stay: In Re Smith Corset Shops, Inc. Introduction The case of In Re Smith Corset Shops, Inc., Debtor. Appeal of Laurent...

Mandamus in Judicial Defamation: Analyzing IN RE THE JUSTICES OF THE SUPREME COURT OF PUERTO RICO

Date: Dec 9, 1982

Mandamus in Judicial Defamation: Analyzing IN RE THE JUSTICES OF THE SUPREME COURT OF PUERTO RICO (695 F.2d 17) Introduction The case of IN RE THE JUSTICES OF THE SUPREME COURT OF PUERTO RICO,...

Limits on Damages under the Age Discrimination in Employment Act: Kolb v. Goldring, Inc.

Date: Dec 3, 1982

Limits on Damages under the Age Discrimination in Employment Act: Kolb v. Goldring, Inc. Introduction Theodore Kolb v. Goldring, Inc. is a seminal case adjudicated by the United States Court of...

Enhanced Factual Allegation Requirements for §1983 Claims: Insights from Dewey v. University of New Hampshire

Date: Nov 27, 1982

Enhanced Factual Allegation Requirements for §1983 Claims: Insights from Dewey v. University of New Hampshire Introduction Dewey v. University of New Hampshire, 694 F.2d 1 (1st Cir. 1982), presents a...

Adverse Inference and Tracing in Asset Commingling: Nation-Wide Check Corp. v. Forest Hills Distributors

Date: Nov 16, 1982

Adverse Inference and Tracing in Asset Commingling: Nation-Wide Check Corp. v. Forest Hills Distributors Introduction The case of Nation-Wide Check Corporation, Inc., Plaintiff-Appellant v. Forest...

Substantial Noncompliance in Welfare Eligibility Determinations: Fortin v. Massachusetts Department of Public Welfare

Date: Nov 5, 1982

Substantial Noncompliance in Welfare Eligibility Determinations: Fortin v. Massachusetts Department of Public Welfare Introduction Fortin et al. v. Commissioner of the Massachusetts Department of...

Affirmation of SSA's 'Severe Impairment' Standard in Disability Evaluation: Goodermote Case Analysis

Date: Sep 2, 1982

Affirmation of SSA's 'Severe Impairment' Standard in Disability Evaluation: Goodermote Case Analysis Introduction The case of William Edward Goodermote v. Secretary of Health and Human Services,...

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