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  • Commentaries
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1st Circuit Case Commentaries

Procedural Default and Section 851(a)(1) Enhancements: Stanley Prou Decision

Procedural Default and Section 851(a)(1) Enhancements: Stanley Prou Decision

Date: Dec 18, 1999
Procedural Default and Section 851(a)(1) Enhancements: Stanley Prou Decision Introduction The case of Stanley Prou v. United States of America, decided by the United States Court of Appeals for the...
Defining 'Assault' in Sentencing Enhancements: Insights from United States v. Charles Lee

Defining 'Assault' in Sentencing Enhancements: Insights from United States v. Charles Lee

Date: Dec 15, 1999
Defining 'Assault' in Sentencing Enhancements: Insights from United States v. Charles Lee Introduction The case of United States of America v. Charles Lee (199 F.3d 16) presents a pivotal examination...
Affirming Standing in Pre-Enforcement Challenges: Rhode Island Association of Realtors v. Whitehouse

Affirming Standing in Pre-Enforcement Challenges: Rhode Island Association of Realtors v. Whitehouse

Date: Dec 15, 1999
Affirming Standing in Pre-Enforcement Challenges: Rhode Island Association of Realtors v. Whitehouse Introduction The case Rhode Island Association of Realtors, Inc. v. Sheldon Whitehouse, Attorney...
Clarifying the 'Clearly Erroneous' Standard for Discovery Sanctions: Phinney v. Paulshock

Clarifying the 'Clearly Erroneous' Standard for Discovery Sanctions: Phinney v. Paulshock

Date: Dec 9, 1999
Clarifying the 'Clearly Erroneous' Standard for Discovery Sanctions: Phinney v. Paulshock Introduction In Phinney v. Paulshock, 199 F.3d 1 (1st Cir. 1999), the United States Court of Appeals for the...
Warrantless Home Arrests and Evidence Rules: An Analysis of United States v. Winchenbach

Warrantless Home Arrests and Evidence Rules: An Analysis of United States v. Winchenbach

Date: Dec 3, 1999
Warrantless Home Arrests and Evidence Rules: An Analysis of United States v. Winchenbach Introduction The case of United States of America v. Ralph Winchenbach, Jr., adjudicated by the United States...
Specific Personal Jurisdiction Requires Purposeful Availment: Phillips Exeter Academy v. Howard Phillips Fund

Specific Personal Jurisdiction Requires Purposeful Availment: Phillips Exeter Academy v. Howard Phillips Fund

Date: Nov 20, 1999
Specific Personal Jurisdiction Requires Purposeful Availment: Phillips Exeter Academy v. Howard Phillips Fund Introduction The case of Phillips Exeter Academy, Plaintiff-Appellant, v. Howard Phillips...
Protection of Exclusive Distribution Rights under Puerto Rico's Law 75: The Irvine v. Murad Case

Protection of Exclusive Distribution Rights under Puerto Rico's Law 75: The Irvine v. Murad Case

Date: Nov 16, 1999
Protection of Exclusive Distribution Rights under Puerto Rico's Law 75: The Irvine v. Murad Case Introduction The legal landscape governing distribution agreements often hinges on the protection of...
New Precedent in Civil Rights Litigation: Britton v. Maloney

New Precedent in Civil Rights Litigation: Britton v. Maloney

Date: Nov 9, 1999
New Precedent in Civil Rights Litigation: Britton v. Maloney Introduction In Randy Britton v. Patrick J. Maloney, the United States Court of Appeals for the First Circuit addressed significant issues...
Qualified Immunity Uphheld for Warrantless Police Entry in Domestic Violence Restraining Order Cases

Qualified Immunity Uphheld for Warrantless Police Entry in Domestic Violence Restraining Order Cases

Date: Nov 9, 1999
Qualified Immunity Upholds Warrantless Police Entry in Domestic Violence Restraining Order Enforcement Introduction The case of Lori Fletcher v. Town of Clinton, Dean Bessey, and Todd Genest (196...
First Circuit Clarifies Standards for Willful Violation of Automatic Stay under 11 U.S.C § 362(h)

First Circuit Clarifies Standards for Willful Violation of Automatic Stay under 11 U.S.C § 362(h)

Date: Nov 9, 1999
First Circuit Clarifies Standards for Willful Violation of Automatic Stay under 11 U.S.C § 362(h) Introduction The case of Fleet Mortgage Group, Inc. v. Kenneth A. Kaneb (1999) presents a pivotal...
Derived Judicial Immunity and Trustee Liability in Bankruptcy Proceedings: Insights from In Re Mailman Steam Carpet Cleaning Corp.

Derived Judicial Immunity and Trustee Liability in Bankruptcy Proceedings: Insights from In Re Mailman Steam Carpet Cleaning Corp.

Date: Nov 3, 1999
Derived Judicial Immunity and Trustee Liability in Bankruptcy Proceedings: Insights from In Re Mailman Steam Carpet Cleaning Corp. Introduction The case of In Re Mailman Steam Carpet Cleaning Corp.,...
Affirmation of Disability Benefits Denial Based on Materiality of Alcoholism: Ke v. Brown Analysis

Affirmation of Disability Benefits Denial Based on Materiality of Alcoholism: Ke v. Brown Analysis

Date: Oct 28, 1999
Affirmation of Disability Benefits Denial Based on Materiality of Alcoholism: Ke v. Brown Analysis Introduction In Ke v. Brown, 71 F. Supp. 2d 28 (D. R.I. 1999), the United States District Court for...
Reaffirming ADA's Protection: Higgins v. New Balance Athletic Shoe, Inc. Analysis

Reaffirming ADA's Protection: Higgins v. New Balance Athletic Shoe, Inc. Analysis

Date: Oct 23, 1999
Reaffirming ADA's Protection: Higgins v. New Balance Athletic Shoe, Inc. Introduction Higgins v. New Balance Athletic Shoe, Inc. is a pivotal case adjudicated by the United States Court of Appeals,...
Affirmation of 'Strong Inference' Scienter Standard under PSLRA in Greebel v. FTP Software, Inc.

Affirmation of 'Strong Inference' Scienter Standard under PSLRA in Greebel v. FTP Software, Inc.

Date: Oct 9, 1999
Affirmation of 'Strong Inference' Scienter Standard under PSLRA in Greebel v. FTP Software, Inc. Introduction In the landmark case Greebel v. FTP Software, Inc., the United States Court of Appeals...
Rooker-Feldman Doctrine Applied: Dismissal of §1983 Suit for Uncompensated Taking

Rooker-Feldman Doctrine Applied: Dismissal of §1983 Suit for Uncompensated Taking

Date: Oct 5, 1999
Rooker-Feldman Doctrine Applied: Dismissal of §1983 Suit for Uncompensated Taking Introduction The case of Arliss J. Hill, Verona A. Johnson, Trustee William A. Johnson Revocable Living Trust and...
Establishing the Threshold for Punitive Damages under Section 1983: Analysis of Iacobucci v. Boulter

Establishing the Threshold for Punitive Damages under Section 1983: Analysis of Iacobucci v. Boulter

Date: Oct 5, 1999
Establishing the Threshold for Punitive Damages under Section 1983: Analysis of Iacobucci v. Boulter Introduction The case of Richard Iacobucci v. Willard Boulter, adjudicated by the United States...
Establishing Federal Personal Jurisdiction Over Foreign Corporations: Insights from United States v. Swiss American Bank, Ltd.

Establishing Federal Personal Jurisdiction Over Foreign Corporations: Insights from United States v. Swiss American Bank, Ltd.

Date: Sep 9, 1999
Establishing Federal Personal Jurisdiction Over Foreign Corporations: Insights from United States v. Swiss American Bank, Ltd. Introduction The case of United States of America v. Swiss American...
Restricting Federal Jurisdiction Over State Regulatory Decisions in Telecommunications: Insights from PRTC v. Telecommunications Regulatory Board of Puerto Rico

Restricting Federal Jurisdiction Over State Regulatory Decisions in Telecommunications: Insights from PRTC v. Telecommunications Regulatory Board of Puerto Rico

Date: Aug 20, 1999
Restricting Federal Jurisdiction Over State Regulatory Decisions in Telecommunications: Insights from PRTC v. Telecommunications Regulatory Board of Puerto Rico Introduction The case of Puerto Rico...
Clarifying Jury Unanimity in Continuing Criminal Enterprise Convictions: Insights from United States v. Escobar-de Jesús

Clarifying Jury Unanimity in Continuing Criminal Enterprise Convictions: Insights from United States v. Escobar-de Jesús

Date: Aug 3, 1999
Clarifying Jury Unanimity in Continuing Criminal Enterprise Convictions: Insights from United States v. Escobar-de Jesús Introduction United States v. Escobar-de Jesús is a pivotal case adjudicated...
ERISA § 514 Preemption in Utilization Review: Danca v. Private Health Care Systems and Phoenix Home Life Mutual Insurance

ERISA § 514 Preemption in Utilization Review: Danca v. Private Health Care Systems and Phoenix Home Life Mutual Insurance

Date: Aug 3, 1999
ERISA § 514 Preemption in Utilization Review: Danca v. Private Health Care Systems and Phoenix Home Life Mutual Insurance Introduction In the landmark case Pamela Danca, et al. v. Private Health Care...
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