1st Circuit Case Commentaries

First Circuit Decision Clarifies Admissibility of Coconspirator Statements in Civil Rights Conspiracy Claims

Date: Jun 30, 1988

First Circuit Decision Clarifies Admissibility of Coconspirator Statements in Civil Rights Conspiracy Claims Introduction In the case of James Earle, Plaintiff, Appellant, v. Robert Benoit, et al.,...

Effect on Interstate Commerce Essential for Sherman Act Liability: Wells Real Estate, Inc. v. Greater Lowell Board of Realtors

Date: Jun 24, 1988

Effect on Interstate Commerce Essential for Sherman Act Liability: Wells Real Estate, Inc. v. Greater Lowell Board of Realtors Introduction In Wells Real Estate, Inc. v. Greater Lowell Board of...

Ineffective Assistance of Counsel: The Impact of Unfulfilled Expert Testimony Promises - Anderson v. Butler

Date: Jun 23, 1988

Ineffective Assistance of Counsel: The Impact of Unfulfilled Expert Testimony Promises - Anderson v. Butler Introduction Anderson v. Butler, 858 F.2d 16 (1st Cir. 1988), is a pivotal case addressing...

Mandatory Exhaustion of State Remedies for Federal Habeas Review: Insights from Mele v. Fitchburg District Court

Date: Jun 16, 1988

Mandatory Exhaustion of State Remedies for Federal Habeas Review: Insights from Mele v. Fitchburg District Court Introduction Mele v. Fitchburg District Court, 850 F.2d 817 (1st Cir. 1988), addresses...

Clarifying RICO Conspiracy Elements and Electronic Surveillance Standards: Insights from United States v. Angiulo et al.

Date: May 25, 1988

Clarifying RICO Conspiracy Elements and Electronic Surveillance Standards: Insights from United States v. Angiulo et al. Introduction The case of United States of America v. Jason Brion Angiulo,...

Judgment Commentary: Reasonable Allocation of Attorney's Fees in Environmental Litigation

Date: May 20, 1988

Reasonable Allocation of Attorney's Fees in Environmental Litigation Introduction The case of United States of America v. Metropolitan District Commission et al. adjudicated by the United States...

ERISA Exclusivity Affirmed: Limitations on Damages and Preemption of State Law Claims in Drinkwater v. Metropolitan Life

Date: May 19, 1988

ERISA Exclusivity Affirmed: Limitations on Damages and Preemption of State Law Claims in Drinkwater v. Metropolitan Life Introduction The case of Richard Drinkwater, et al. v. Metropolitan Life...

Speedy Trial Act Interpretation in UNITED STATES v. HASTINGs: A Comprehensive Commentary

Date: May 18, 1988

Speedy Trial Act Interpretation in UNITED STATES v. HASTINGs: A Comprehensive Commentary Introduction The case of United States of America v. Kenneth S. Hastings, adjudicated by the United States...

Affirming Federal Courts' Authority to Impose Provisional Bond Orders and Sanction Litigants for Noncompliance: HMG Property Investors, Inc. v. Parque Industrial Rio Canas, Inc.

Date: May 18, 1988

Affirming Federal Courts' Authority to Impose Provisional Bond Orders and Sanction Litigants for Noncompliance Introduction The case HMG Property Investors, Inc. v. Parque Industrial Rio Canas, Inc....

Procedural Due Process and Preliminary Injunction Standards in Prisoner Transfer: Insights from Jackson v. Fair, 1st Cir. 1988

Date: May 17, 1988

Procedural Due Process and Preliminary Injunction Standards in Prisoner Transfer: Insights from Jackson v. Fair, 1st Cir. 1988 Introduction In the landmark case of Anthony Jackson v. Michael Fair et...

Affirmation of Summary Judgment in Disparate Treatment Employment Discrimination Case: Oliver v. Digital Equipment Corporation

Date: May 14, 1988

Affirmation of Summary Judgment in Disparate Treatment Employment Discrimination Case: Oliver v. Digital Equipment Corporation Introduction In Oliver v. Digital Equipment Corporation, 846 F.2d 103...

Equitable Tolling in Section 1983 Employment Discrimination Claims: Rivera v. de Castro

Date: Apr 8, 1988

Equitable Tolling in Section 1983 Employment Discrimination Claims: Rivera v. de Castro Introduction In the landmark case Martin Rivera-Gomez, et al. v. Rafael Adolfo de Castro, et al. (843 F.2d...

Affirmation of Personal Jurisdiction Standards in Corporate Veil Piercing: Alvarado-Morales v. Digital Equipment Corp.

Date: Apr 7, 1988

Affirmation of Personal Jurisdiction Standards in Corporate Veil Piercing: Alvarado-Morales v. Digital Equipment Corp. Introduction The case of Abraham Alvarado-Morales, et al. v. Digital Equipment...

Refining the 'Ordinary Observer' Test for Preliminary Injunctions in Copyright Infringement: Concrete Machinery Co. v. Classic Lawn Ornaments Co.

Date: Apr 6, 1988

Refining the 'Ordinary Observer' Test for Preliminary Injunctions in Copyright Infringement Introduction In the landmark case of Concrete Machinery Company, Inc. v. Classic Lawn Ornaments, Inc. (843...

Privilege Preservation in Social Security Disability Appeals: Keating v. Secretary of Health and Human Services

Date: Apr 1, 1988

Privilege Preservation in Social Security Disability Appeals: Keating v. Secretary of Health and Human Services Introduction Keating v. Secretary of Health and Human Services is a pivotal case...

Premature Application of Rule 54(b) in Employment Disputes: Spiegel v. Trustees of Tufts College

Date: Mar 31, 1988

Premature Application of Rule 54(b) in Employment Disputes: Spiegel v. Trustees of Tufts College Introduction Spiegel v. Trustees of Tufts College (843 F.2d 38, 1st Cir. 1988) is a seminal case that...

Deliberate Indifference to Prisoner Safety: Insights from Cortes-Quinones v. Nettleship

Date: Mar 29, 1988

Deliberate Indifference to Prisoner Safety: Insights from Cortes-Quinones v. Nettleship Introduction Cortes-Quinones v. Nettleship, 842 F.2d 556 (1st Cir. 1988), is a seminal case addressing the...

Substantial Evidence Requirement Affirmed in Disability Claims

Date: Mar 18, 1988

Substantial Evidence Requirement Affirmed in Disability Claims Introduction The case of Lisa Tsarelka v. Secretary of Health and Human Services, decided by the United States Court of Appeals for the...

Balancing Privacy Rights and Employer Authority: Insights from Daury v. Smith

Date: Mar 12, 1988

Balancing Privacy Rights and Employer Authority: Insights from Daury v. Smith Introduction Daury v. Smith, 842 F.2d 9 (1st Cir. 1988), is a pivotal case that addresses the tension between an...

Judicial Balance Between News Gatherers' First Amendment Privilege and Defendants' Right to Evidence: NBC v. USA

Date: Mar 10, 1988

Judicial Balance Between News Gatherers' First Amendment Privilege and Defendants' Right to Evidence: NBC v. USA Introduction The case United States of America v. The LaRouche Campaign, et al.,...