1st Circuit Case Commentaries

Due Process and Notice Requirements in Administrative Forfeiture: Insights from United States v. Giraldo

Date: Jan 20, 1995

Due Process and Notice Requirements in Administrative Forfeiture: Insights from United States v. Giraldo Introduction United States v. Giraldo, 45 F.3d 509 (1st Cir. 1995), addresses critical issues...

First Circuit Upholds Dedham's Time Restrictions on Commercial Entertainment: A Comprehensive Analysis

Date: Jan 5, 1995

First Circuit Upholds Dedham's Time Restrictions on Commercial Entertainment: A Comprehensive Analysis Introduction In National Amusements, Inc. v. Town of Dedham (43 F.3d 731, 1995), the United...

Establishing Legal Precedents in RICO and Civil Conspiracy: A Comprehensive Analysis of Aetna Casualty Surety Company v. P B Autobody et al.

Date: Dec 30, 1994

Establishing Legal Precedents in RICO and Civil Conspiracy: A Comprehensive Analysis of Aetna Casualty Surety Company v. P B Autobody et al. Introduction The case of Aetna Casualty Surety Company v....

Reasonable Use of Deadly Force in Police Encounters: The Roy v. Inhabitants of Lewiston Decision

Date: Dec 22, 1994

Reasonable Use of Deadly Force in Police Encounters: The Roy v. Inhabitants of Lewiston Decision Introduction Roy v. Inhabitants of the City of Lewiston, et al. (42 F.3d 691) is a pivotal case...

Affirmation of District Court Order in Successor Product-Line Liability Claims Under Bankruptcy Asset Transfers

Date: Dec 15, 1994

Affirmation of District Court Order in Successor Product-Line Liability Claims Under Bankruptcy Asset Transfers Introduction The case of In re Savage Industries, Inc., Western Auto Supply Company v....

Substitution of Nondiverse Defendants and the Preservation of Diversity Jurisdiction in Federal Courts: Casas Office Machines, Inc. v. Mita CopyStar America, Inc.

Date: Dec 15, 1994

Substitution of Nondiverse Defendants and the Preservation of Diversity Jurisdiction in Federal Courts: Casas Office Machines, Inc. v. Mita CopyStar America, Inc. Introduction The case of Casas...

Redefining Redemption Rights under Puerto Rico's Litigated Credits Statute: Pritzker v. Yari

Date: Dec 14, 1994

Redefining Redemption Rights under Puerto Rico's Litigated Credits Statute: Pritzker v. Yari Introduction Jay A. Pritzker v. Bob Yari, et al., 42 F.3d 53 (1st Cir. 1994), marks a significant judicial...

Limitations on Issue Preclusion in Bankruptcy Proceedings: Grella v. Salem Five Cent Savings Bank

Date: Dec 7, 1994

Limitations on Issue Preclusion in Bankruptcy Proceedings: Grella v. Salem Five Cent Savings Bank Introduction The case of Paul J. Grella, Trustee, Appellant, v. Salem Five Cent Savings Bank,...

Smith v. Stratus Computer, Inc.: Establishing Precedents in Gender Discrimination Litigation

Date: Nov 23, 1994

Smith v. Stratus Computer, Inc.: Establishing Precedents in Gender Discrimination Litigation Introduction The case of Stephanie S. Smith v. Stratus Computer, Inc., reported at 40 F.3d 11 (1st Cir....

Reaffirming Fourth Amendment Protections and Sentencing Guidelines Compliance in United States v. Lewis and Starks

Date: Nov 15, 1994

Reaffirming Fourth Amendment Protections and Sentencing Guidelines Compliance in United States v. Lewis and Starks Introduction The case of United States v. Otis Darren Lewis and Michael Starks (40...

Dopp v. Pritzker: Establishing Standards for Contractual Remedies and Damage Assessments

Date: Oct 29, 1994

Dopp v. Pritzker: Establishing Standards for Contractual Remedies and Damage Assessments Introduction Parties Involved: Paul S. Dopp (Plaintiff/Appellant) vs. Jay Pritzker (Defendant/Appellee) Court:...

Limits on Collateral Attack under 28 U.S.C. § 2255: The Knight Decision

Date: Oct 21, 1994

Limits on Collateral Attack under 28 U.S.C. § 2255: The Knight Decision Introduction The Stephen Ted Knight v. United States of America case, decided by the United States Court of Appeals for the...

Reaffirming Strickland: Scarpa v. Dubois Establishes Limits on Presumptive Prejudice in Ineffective Assistance Claims

Date: Oct 19, 1994

Reaffirming Strickland: Scarpa v. Dubois Establishes Limits on Presumptive Prejudice in Ineffective Assistance Claims Introduction The case of Scarpa v. Dubois (38 F.3d 1, 1994) addresses a pivotal...

Guarding Against Premature Summary Judgments in Bankruptcy Fraud: Insights from In re Varrasso

Date: Oct 19, 1994

Guarding Against Premature Summary Judgments in Bankruptcy Fraud: Insights from In re Varrasso Introduction The case of In re Peter C. Varrasso and Mildred R. Varrasso serves as a pivotal examination...

First Circuit Clarifies ADA’s Scope: Defining 'Employer' and 'Public Accommodation' in Health Benefit Plans

Date: Oct 13, 1994

First Circuit Clarifies ADA’s Scope: Defining 'Employer' and 'Public Accommodation' in Health Benefit Plans Introduction The landmark appellate decision in Carparts Distribution Center, Inc., et al....

Enforcement of Section 260 of the Puerto Rico Commerce Code in Commercial Defect Claims: Insights from JRS v. Falconer Glass

Date: Oct 13, 1994

Enforcement of Section 260 of the Puerto Rico Commerce Code in Commercial Defect Claims: Insights from JRS v. Falconer Glass Introduction The case JORGE RIVERA SURILLO CO., INC. v. FALCONER GLASS...

Affirmation of RICO Liability and Identification Procedures in Oreto v. United States

Date: Oct 5, 1994

Affirmation of RICO Liability and Identification Procedures in Oreto v. United States Introduction Oreto v. United States, 37 F.3d 739 (1st Cir. 1994), is a pivotal case addressing the application of...

Materiality in Employment Contract Breaches: Gibson v. City of Cranston

Date: Oct 4, 1994

Materiality in Employment Contract Breaches: Gibson v. City of Cranston Introduction Gibson v. City of Cranston, 37 F.3d 731 (1st Cir. 1994), is a pivotal case that examines the concept of...

First Circuit Clarifies Standards for Jencks Act Disclosure and Restitution Attribution in Racketeering-Related Convictions

Date: Oct 1, 1994

First Circuit Clarifies Standards for Jencks Act Disclosure and Restitution Attribution in Racketeering-Related Convictions Introduction In the seminal case of United States v. Neal, et al.,...

Reaffirming Protections Against Age Discrimination: Sanchez v. Puerto Rico Oil Company

Date: Sep 30, 1994

Reaffirming Protections Against Age Discrimination: Sanchez v. Puerto Rico Oil Company Introduction In the landmark case of Sanchez v. Puerto Rico Oil Company, 37 F.3d 712 (1st Cir. 1994), the United...

Previous Next