1st Circuit Case Commentaries

Establishing Probable Cause for Warrantless Arrest in Commercial Motel Settings: United States v. Cruz Jimenez

Date: Jan 12, 1990

Establishing Probable Cause for Warrantless Arrest in Commercial Motel Settings: United States v. Cruz Jimenez Introduction In the landmark case United States of America v. Jose M. Cruz Jimenez (894...

Comprehensive Analysis of UNITED STATES v. ZANNINO: Confrontation Clause, Hearsay Exceptions, and Defendants' Health in RICO Cases

Date: Jan 11, 1990

Comprehensive Analysis of UNITED STATES v. ZANNINO: Confrontation Clause, Hearsay Exceptions, and Defendants' Health in RICO Cases Introduction The case of United States of America v. Ilario M.A....

Torres v. Superintendent of Police of Puerto Rico: Strict Enforcement of Statute of Limitations and Constitutional Thresholds for Section 1983 Malicious Prosecution Claims

Date: Jan 9, 1990

Torres v. Superintendent of Police of Puerto Rico: Strict Enforcement of Statute of Limitations and Constitutional Thresholds for Section 1983 Malicious Prosecution Claims Introduction The case of...

Fraud on the Court: Affirmation of Dismissal in AOUDE v. MOBIL OIL CORPoration

Date: Dec 30, 1989

Fraud on the Court: Affirmation of Dismissal in AOUDE v. MOBIL OIL CORPoration Introduction Case: Salim Aoude, Plaintiff and Appellant, v. Mobil Oil Corporation, Defendant and Appellee. Court: United...

Admissibility of Lay Opinion Testimony in Drug Conspiracy Cases: Insights from United States v. Paiva

Date: Dec 22, 1989

Admissibility of Lay Opinion Testimony in Drug Conspiracy Cases: Insights from United States v. Paiva Introduction United States of America v. James Earl Paiva, 892 F.2d 148 (1st Cir. 1989), is a...

Reassessing Judicial Disqualification: The First Circuit's Analysis in In re Allied-Signal Inc.

Date: Dec 21, 1989

Reassessing Judicial Disqualification: The First Circuit's Analysis in In re Allied-Signal Inc. Introduction The case of In re Allied-Signal Inc., et al. addresses the critical issue of judicial...

Interpreting 'Agreeing-to-Agree' Provisions in Requirements Contracts: Fashion House, Inc. v. K Mart Corporation

Date: Dec 20, 1989

Interpreting 'Agreeing-to-Agree' Provisions in Requirements Contracts: Fashion House, Inc. v. K Mart Corporation Introduction In the landmark case Fashion House, Inc., Plaintiff, Appellant, v. K Mart...

Santiago v. Fenton: Establishing Standards for Police Conduct and Municipal Liability under 42 U.S.C. § 1983

Date: Dec 12, 1989

Santiago v. Fenton: Establishing Standards for Police Conduct and Municipal Liability under 42 U.S.C. § 1983 Introduction In the landmark case of Santiago v. Fenton, adjudicated by the United States...

Protected Reallocation of Duties: Agosto-De-Feliciano v. Aponte-Roque and Torres-Hernandez v. Padilla

Date: Dec 9, 1989

Protected Reallocation of Duties: Agosto-De-Feliciano v. Aponte-Roque and Torres-Hernandez v. Padilla Introduction In the landmark cases of Agosto-De-Feliciano v. Aponte-Roque and Torres-Hernandez v....

Automatic Stay Does Not Prevent FAA's Reallocation of Airport Slots: In Re Gull Air, Inc.

Date: Dec 8, 1989

Automatic Stay Does Not Prevent FAA's Reallocation of Airport Slots: In Re Gull Air, Inc. Introduction The case of In Re Gull Air, Inc., Debtor stands as a significant judicial decision addressing...

Affirmation of Grid Rule Application in Disability Determinations with Nonexertional Impairments: Ortiz v. HHS

Date: Nov 30, 1989

Affirmation of Grid Rule Application in Disability Determinations with Nonexertional Impairments: Ortiz v. HHS Introduction Victor M. Ortiz v. Secretary of Health and Human Services, 890 F.2d 520...

Authority of Administrative Agencies to Enforce Subpoenas Under First Amendment Constraints

Date: Nov 30, 1989

Authority of Administrative Agencies to Enforce Subpoenas Under First Amendment Constraints Introduction The case of United States of America v. Stephen B. Comley (890 F.2d 539, 1989) presents a...

Affirmation of Dismissal in Dartmouth Review v. Dartmouth College: A Commentary on the Limits of Section 1981 and Title VI

Date: Nov 10, 1989

Affirmation of Dismissal in Dartmouth Review v. Dartmouth College: A Commentary on the Limits of Section 1981 and Title VI Introduction Dartmouth Review v. Dartmouth College, 889 F.2d 13 (1st Cir....

Procedural Jurisdiction and Political Discharge: An Analysis of Rosario-Torres v. Hernandez Colon

Date: Nov 9, 1989

Procedural Jurisdiction and Political Discharge: An Analysis of Rosario-Torres v. Hernandez Colon Introduction Rosario-Torres v. Hernandez Colon is a landmark case adjudicated by the United States...

Keds Corp. v. Renee International Trading Corp.: Establishing Personal Jurisdiction and Trademark Infringement Under the Lanham Act

Date: Nov 4, 1989

Keds Corp. v. Renee International Trading Corp.: Establishing Personal Jurisdiction and Trademark Infringement Under the Lanham Act Introduction Keds Corp., Plaintiff, Appellee, v. Renee...

Expanded Interpretation of CERCLA Liability for Response Costs in Multi-Site Environmental Cases

Date: Nov 3, 1989

Expanded Interpretation of CERCLA Liability for Response Costs in Multi-Site Environmental Cases Introduction Dedham Water Company and Dedham-Westwood Water District (hereafter referred to as "Dedham...

Affirmation of Qualified Immunity for Correctional Officers in Civil Rights Actions: Brennan v. Hendrigan et al.

Date: Oct 28, 1989

Affirmation of Qualified Immunity for Correctional Officers in Civil Rights Actions: Brennan v. Hendrigan et al. Introduction Brennan v. Hendrigan et al., 888 F.2d 189 (1st Cir. 1989), is a pivotal...

Assessment of Residual Functional Capacity in Social Security Disability Claims: Rodriguez v. HHS

Date: Oct 25, 1989

Assessment of Residual Functional Capacity in Social Security Disability Claims: Rodriguez v. HHS Introduction The case of Alida Rodriguez v. Secretary of Health and Human Services, adjudicated by...

Limitation of Appeals on Motions in Limine When Defendant Elects Not to Testify

Date: Sep 30, 1989

Limitation of Appeals on Motions in Limine When Defendant Elects Not to Testify Introduction The case of United States of America v. Gjon N. Nivica and Mark L. Pedley Wellington, adjudicated by the...

Enforcement of Arbitration Agreements and Assignment of Arbitration Rights: First Circuit Affirms ICC Arbitration Jurisdiction

Date: Sep 29, 1989

Enforcement of Arbitration Agreements and Assignment of Arbitration Rights: First Circuit Affirms ICC Arbitration Jurisdiction Introduction The case Apollo Computer, Inc. v. Helge Berg, et al.,...