1st Circuit Case Commentaries

Defining Reportable Transactions Under the Bank Secrecy Act: Insights from United States v. Bank of New England

Date: Jun 11, 1987

Defining Reportable Transactions Under the Bank Secrecy Act: Insights from United States v. Bank of New England Introduction The case of United States of America v. Bank of New England, N.A. (821...

Establishing Independent Analysis and Inflation Adjustments under the Equal Access to Justice Act: Insights from Sierra Club v. Secretary of the Army

Date: Jun 4, 1987

Establishing Independent Analysis and Inflation Adjustments under the Equal Access to Justice Act: Insights from Sierra Club v. Secretary of the Army Introduction In Sierra Club v. Secretary of the...

Assessing Eleventh Amendment Immunity: Insights from Ainsworth v. Puerto Rico Tourism Company

Date: May 19, 1987

Assessing Eleventh Amendment Immunity: Insights from Ainsworth v. Puerto Rico Tourism Company Introduction The case of AINSWORTH ARISTOCRAT INTERNATIONAL PTY. LIMITED v. TOURISM COMPANY OF THE...

Enhanced Probable Cause Standards in Counterfeiting Cases: Figueroa v. United States of America

Date: May 16, 1987

Enhanced Probable Cause Standards in Counterfeiting Cases: Figueroa v. United States of America Introduction Figueroa v. United States of America, 818 F.2d 1020 (1st Cir. 1987), is a notable case...

Affirmation of Chain Conspiracy Liability in Drug Importation: Giry v. United States

Date: May 14, 1987

Affirmation of Chain Conspiracy Liability in Drug Importation: Giry v. United States Introduction In the landmark case of United States of America v. Pierre Michel Henri Giry and Steven Seward (818...

Enforceability of Waivers in Civil Rights Cases: Implications of Bancroft Hall v. Och’s Decision

Date: May 6, 1987

Enforceability of Waivers in Civil Rights Cases: Implications of Bancroft Hall v. Och’s Decision Introduction The case of Bancroft Dudley Hall, et al. v. Frederick J. Ochs, et al. adjudicated by the...

Reinforcing the Integrity of Bankruptcy Filings: In Re John E. Tully, Debtor

Date: May 5, 1987

Reinforcing the Integrity of Bankruptcy Filings: In Re John E. Tully, Debtor Introduction The case of In Re John E. Tully, Debtor, adjudicated by the United States Court of Appeals for the First...

Attorney Conspiracy to Obstruct Justice: Precedent in United States v. Cintolo

Date: May 2, 1987

Attorney Conspiracy to Obstruct Justice: Precedent in United States v. Cintolo Introduction United States of America v. William J. Cintolo (818 F.2d 980) is a landmark case decided by the United...

Preservation of Errors and Rule 403 Balancing: Insights from United States v. Griffin

Date: Apr 24, 1987

Preservation of Errors and Rule 403 Balancing: Insights from United States v. Griffin Introduction In United States of America, Appellee, v. Barry J. Griffin, Defendant, Appellant (818 F.2d 97), the...

Admissibility of Pre-Joining Conspiracy Statements Under Rule 801(d)(2)(E): United States v. Masse

Date: Apr 22, 1987

Admissibility of Pre-Joining Conspiracy Statements Under Rule 801(d)(2)(E): United States v. Masse Introduction In the landmark case of United States v. Masse, the United States Court of Appeals for...

Security Interests of Bankruptcy Attorneys: Insights from In Re Larry T. Cynthia J. Martin Decision

Date: Apr 18, 1987

Security Interests of Bankruptcy Attorneys: Insights from In Re Larry T. Cynthia J. Martin Decision Introduction The case of In Re Larry T. Cynthia J. Martin D/B/A A W Drive-In Restaurant Martin's...

Finality of Administrative Decisions in Medicare Reopenings Established in McCuin v. Bowen

Date: Apr 15, 1987

Finality of Administrative Decisions in Medicare Reopenings Established in McCuin v. Bowen Introduction McCuin v. Bowen, 817 F.2d 161 (1st Cir. 1987), is a pivotal case addressing the procedural...

Strict Custody Requirements Affirmed for Federal Habeas Corpus Under 28 U.S.C. § 2254

Date: Apr 14, 1987

Strict Custody Requirements Affirmed for Federal Habeas Corpus Under 28 U.S.C. § 2254 Introduction In the landmark case Alan Lefkowitz, M.D., Petitioner, Appellant, v. Michael Fair, Commissioner,...

Affirming Bankruptcy Courts' Jurisdiction over Post-Petition State Law Contract Claims: In re Arnold Print Works, Inc. Commentary

Date: Mar 31, 1987

Affirming Bankruptcy Courts' Jurisdiction over Post-Petition State Law Contract Claims: In re Arnold Print Works, Inc. 1. Introduction In re Arnold Print Works, Inc., Debtor. Arnold Print Works,...

A Comprehensive Commentary on Trademark Infringement: Volkswagenwerk AG v. Wheeler et al.

Date: Mar 27, 1987

A Comprehensive Commentary on Trademark Infringement: Volkswagenwerk AG v. Wheeler et al. 1. Introduction The case of Volkswagenwerk Aktiengesellschaft (VWAG) v. Kenneth G. Wheeler, et al.,...

Justifiable Reliance and Statute of Limitations in Securities Fraud: Analyzing Swartz v. Josephthal Co.

Date: Mar 27, 1987

Justifiable Reliance and Statute of Limitations in Securities Fraud: Analyzing Swartz v. Josephthal Co. Introduction The case of Thorburn Kennedy, Trustee, et al., Plaintiffs, Appellees, v....

Establishing the Substantial Evidence Standard in SSA Disability Determinations

Date: Mar 25, 1987

Establishing the Substantial Evidence Standard in SSA Disability Determinations Introduction The case of Nicasio Rodriguez Pagan v. Secretary of Health and Human Services (819 F.2d 1) adjudicated by...

Enhancing the Boundaries of Terry Stops: Insights from United States v. Quinn

Date: Mar 24, 1987

Enhancing the Boundaries of Terry Stops: Insights from United States v. Quinn Introduction In the landmark case of United States v. Quinn, 815 F.2d 153 (1st Cir. 1987), the United States Court of...

Roeder v. Alpha Industries: Defining Disclosure Obligations in Securities Fraud and Pattern Requirements under RICO

Date: Mar 24, 1987

Roeder v. Alpha Industries: Defining Disclosure Obligations in Securities Fraud and Pattern Requirements under RICO Introduction Roeder v. Alpha Industries, 814 F.2d 22 (1st Cir. 1987), is a pivotal...

Affirmation of Set-Off Rights and Comprehensive Settlement Agreements in Commercial Disputes: Cianbro Corp. v. Curran-Lavoie, Inc.

Date: Mar 19, 1987

Affirmation of Set-Off Rights and Comprehensive Settlement Agreements in Commercial Disputes: Cianbro Corp. v. Curran-Lavoie, Inc. Introduction The case of Cianbro Corporation v. Curran-Lavoie, Inc....