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  • Commentaries
  • Judgments

1st Circuit Case Commentaries

Holmquist v. United States: Affirmation of Materiality in False Statements under 18 U.S.C. § 542

Holmquist v. United States: Affirmation of Materiality in False Statements under 18 U.S.C. § 542

Date: Sep 29, 1994
Holmquist v. United States: Affirmation of Materiality in False Statements under 18 U.S.C. § 542 Introduction In the case of United States of America v. Stephen A. Holmquist, adjudicated by the...
First Circuit Sets Materiality Standards in Securities Misrepresentation: Lucia v. Prospect Street High Income Portfolio

First Circuit Sets Materiality Standards in Securities Misrepresentation: Lucia v. Prospect Street High Income Portfolio

Date: Sep 29, 1994
First Circuit Sets Materiality Standards in Securities Misrepresentation: Lucia v. Prospect Street High Income Portfolio Introduction In the landmark case Robert Lucia et al. v. Prospect Street High...
Affirmation of COGSA’s Liability Limitation and Fair Opportunity Notice: Henley Drilling Co. v. McGee et al.

Affirmation of COGSA’s Liability Limitation and Fair Opportunity Notice: Henley Drilling Co. v. McGee et al.

Date: Sep 28, 1994
Affirmation of COGSA’s Liability Limitation and Fair Opportunity Notice: Henley Drilling Co. v. McGee et al. Introduction The case of Henley Drilling Company, Plaintiff, Appellee, v. William H. McGee...
Equal Involvement Defense and Jury Instruction: Insights from Sullivan v. NFL

Equal Involvement Defense and Jury Instruction: Insights from Sullivan v. NFL

Date: Sep 17, 1994
Equal Involvement Defense and Jury Instruction: Insights from Sullivan v. NFL Introduction The case of William H. Sullivan II v. National Football League (NFL) presents a pivotal examination of...
Ensuring Procedural Fairness: Wyatt v. City of Boston Sets Precedent for Sua Sponte Dismissals

Ensuring Procedural Fairness: Wyatt v. City of Boston Sets Precedent for Sua Sponte Dismissals

Date: Sep 16, 1994
Ensuring Procedural Fairness: Wyatt v. City of Boston Sets Precedent for Sua Sponte Dismissals Introduction Wyatt v. City of Boston is a pivotal case decided by the United States Court of Appeals for...
Employment Decisions as Administrative Acts: Legislative Immunity Not Absolute in §1983 Claims

Employment Decisions as Administrative Acts: Legislative Immunity Not Absolute in §1983 Claims

Date: Sep 16, 1994
Employment Decisions as Administrative Acts: Legislative Immunity Not Absolute in §1983 Claims Introduction In Olga J. Negron-Gaztambide v. Zaida Hernandez-Torres (35 F.3d 25, United States Court of...
Balancing Copyright Exclusivity and Antitrust Laws in Software Licensing: Data General v. Grumman Systems

Balancing Copyright Exclusivity and Antitrust Laws in Software Licensing: Data General v. Grumman Systems

Date: Sep 15, 1994
Balancing Copyright Exclusivity and Antitrust Laws in Software Licensing Data General Corporation v. Grumman Systems Support Corporation, 36 F.3d 1147 (1st Cir. 1994) Introduction The landmark case...
Inclusion of Conspiracy Convictions in Career Offender Guidelines: First Circuit's Affirmation

Inclusion of Conspiracy Convictions in Career Offender Guidelines: First Circuit's Affirmation

Date: Sep 9, 1994
Inclusion of Conspiracy Convictions in Career Offender Guidelines: First Circuit's Affirmation Introduction In United States of America v. David Piper (35 F.3d 611), the United States Court of...
Reevaluation of Chronic Fatigue Syndrome in Social Security Disability Claims

Reevaluation of Chronic Fatigue Syndrome in Social Security Disability Claims

Date: Sep 8, 1994
Reevaluation of Chronic Fatigue Syndrome in Social Security Disability Claims Introduction The case of Gary M. Rose v. Donna E. Shalala, Secretary of the Department of Health and Human Services (34...
FDIC Immunity from Injunctive Relief in Foreclosure Proceedings under FIRREA: Sunshine Development, Inc. v. FDIC

FDIC Immunity from Injunctive Relief in Foreclosure Proceedings under FIRREA: Sunshine Development, Inc. v. FDIC

Date: Aug 23, 1994
FDIC Immunity from Injunctive Relief in Foreclosure Proceedings under FIRREA: Sunshine Development, Inc. v. FDIC, 33 F.3d 106 Introduction The case of Sunshine Development, Inc., et al. v. Federal...
Clarifying CERCLA's Cost Recovery vs. Contribution Actions: UNITED TECHNOLOGIES CORP. V. BROWNING-FERRIS INDUSTRIES

Clarifying CERCLA's Cost Recovery vs. Contribution Actions: UNITED TECHNOLOGIES CORP. V. BROWNING-FERRIS INDUSTRIES

Date: Aug 20, 1994
Clarifying CERCLA's Cost Recovery vs. Contribution Actions: UNITED TECHNOLOGIES CORP. V. BROWNING-FERRIS INDUSTRIES Introduction The case of United Technologies Corporation, et al., Plaintiffs,...
Affirmation of Summary Judgment in Age Discrimination Case: Woods v. Friction Materials, Inc.

Affirmation of Summary Judgment in Age Discrimination Case: Woods v. Friction Materials, Inc.

Date: Jul 30, 1994
Affirmation of Summary Judgment in Age Discrimination Case: Woods v. Friction Materials, Inc. Introduction In the seminal case of Jimmie E. Woods v. Friction Materials, Inc., adjudicated by the...
Affirmation of Summary Judgment and Denial of Leave to Amend in Loan Guaranty Case: RTC v. Gold and Graphics Leasing Corp.

Affirmation of Summary Judgment and Denial of Leave to Amend in Loan Guaranty Case: RTC v. Gold and Graphics Leasing Corp.

Date: Jul 28, 1994
Affirmation of Summary Judgment and Denial of Leave to Amend in Loan Guaranty Case: RTC v. Gold and Graphics Leasing Corp. Introduction The case of Resolution Trust Corporation (RTC) as Receiver for...
Affirmation of Proper Severance and Rigorous Application of Sentencing Guidelines in RICO Money Laundering Conspiracies

Affirmation of Proper Severance and Rigorous Application of Sentencing Guidelines in RICO Money Laundering Conspiracies

Date: Jul 28, 1994
Affirmation of Proper Severance and Rigorous Application of Sentencing Guidelines in RICO Money Laundering Conspiracies Introduction United States of America v. Darrell F. Pierro, 32 F.3d 611 (1st...
Enhancing FOIA Transparency: Insights from Church of Scientology v. DOJ

Enhancing FOIA Transparency: Insights from Church of Scientology v. DOJ

Date: Jul 27, 1994
Enhancing FOIA Transparency: Insights from Church of Scientology International v. United States Department of Justice Introduction The case of Church of Scientology International v. United States...
Sovereign Immunity Prevails Over Supervisory Power in Fee-Shifting: United States v. Horn

Sovereign Immunity Prevails Over Supervisory Power in Fee-Shifting: United States v. Horn

Date: Jul 26, 1994
Sovereign Immunity Prevails Over Supervisory Power in Fee-Shifting: United States v. Horn Introduction United States of America v. Richard A. Horn, et al., decided by the United States Court of...
Enforcement of Verbal Promises in Plea Agreements: The Bemis v. United States Decision

Enforcement of Verbal Promises in Plea Agreements: The Bemis v. United States Decision

Date: Jul 23, 1994
Enforcement of Verbal Promises in Plea Agreements: The Bemis v. United States Decision Introduction In the landmark case of Gregg M. Bemis v. United States of America, decided on July 22, 1994, the...
Assumption of Risk as Complete Defense in Negligence and Strict Liability Claims: Colantuoni v. Calcagni Sons

Assumption of Risk as Complete Defense in Negligence and Strict Liability Claims: Colantuoni v. Calcagni Sons

Date: Jul 23, 1994
Assumption of Risk as Complete Defense in Negligence and Strict Liability Claims: Colantuoni v. Calcagni Sons Introduction The case of Richard L. Colantuoni and Carol L. Colantuoni v. Alfred Calcagni...
Ambiguity in Contract Terms and Ch. 93A Implications: NASCO Inc. v. Public Storage Inc.

Ambiguity in Contract Terms and Ch. 93A Implications: NASCO Inc. v. Public Storage Inc.

Date: Jul 19, 1994
Ambiguity in Contract Terms and Ch. 93A Implications: NASCO Inc. v. Public Storage Inc. Introduction NASCO, Inc., Plaintiff-Appellant, appealed the summary judgment entered in favor of Public...
Res Judicata and Non-Party Preclusion: Insights from Gonzalez v. Banco Central Corp.

Res Judicata and Non-Party Preclusion: Insights from Gonzalez v. Banco Central Corp.

Date: Jul 1, 1994
Res Judicata and Non-Party Preclusion: Insights from Gonzalez v. Banco Central Corp. Introduction The case of Olga Gonzalez, A/K/A Olga Gonzalez Abreu, et al., plaintiffs and appellants, versus Banco...
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