1st Circuit Case Commentaries

Miranda Violations and the Suppression of Self-Incriminating Testimony: An Analysis of United States v. Byram

Date: May 21, 1998

Miranda Violations and the Suppression of Self-Incriminating Testimony: An Analysis of United States v. Byram Introduction United States of America v. Herman Joseph Byram, Jr. is a pivotal case...

Non-Retroactivity of AEDPA § 440(d) in Deportation Cases: Goncalves v. Reno

Date: May 16, 1998

Non-Retroactivity of AEDPA § 440(d) in Deportation Cases: Goncalves v. Reno Introduction The case of Raul Percira Goncalves v. Janet Reno addresses a critical issue in immigration law concerning the...

Expansion of 'Arising Out Of' Clause in Additional Insured Endorsements: First Circuit Affirms Duty to Defend and Indemnify

Date: May 2, 1998

Expansion of 'Arising Out Of' Clause in Additional Insured Endorsements: First Circuit Affirms Duty to Defend and Indemnify Introduction The case Merchants Insurance Company of New Hampshire, Inc. v....

Strict Enforcement of Insurance Policy Limitations and Rejection of Equitable Estoppel in LaChapelle v. Berkshire Life Insurance

Date: Apr 30, 1998

Strict Enforcement of Insurance Policy Limitations and Rejection of Equitable Estoppel in LaChapelle v. Berkshire Life Insurance Introduction The case of RONALD R. LaChapelle v. BERKSHIRE LIFE...

Massachusetts School of Law at Andover v. American Bar Association: Redefining Accreditation and Jurisdiction Standards

Date: Apr 25, 1998

Massachusetts School of Law at Andover v. American Bar Association: Redefining Accreditation and Jurisdiction Standards Introduction In Massachusetts School of Law at Andover, Inc. v. American Bar...

Solidary Liability of Insurers and Insured in Statute of Limitations Interruption

Date: Apr 22, 1998

Solidary Liability of Insurers and Insured in Statute of Limitations Interruption Introduction The case of TOKYO MARINE AND FIRE INSURANCE CO., LTD. v. PEREZ CIA., DE PUERTO RICO, INC. rendered by...

Gender Discrimination and Jury Verdicts: Insights from Troy v. Bay State Computer Group

Date: Apr 15, 1998

Gender Discrimination and Jury Verdicts: Insights from Troy v. Bay State Computer Group Introduction The case of Alexandra Troy v. Bay State Computer Group, Inc. addresses critical issues surrounding...

Enforcement of Case-Management Orders and Qualified Immunity: Insights from Rosario-Diaz v. Gonzalez

Date: Apr 2, 1998

Enforcement of Case-Management Orders and Qualified Immunity: Insights from Rosario-Diaz v. Gonzalez Introduction The case of Maria M. Rosario-Diaz, et al. v. Jose Gonzalez addresses critical issues...

Conversion from Federal to State Charter Disqualifies Federal Court Jurisdiction in Banking Disputes

Date: Mar 31, 1998

Conversion from Federal to State Charter Disqualifies Federal Court Jurisdiction in Banking Disputes Introduction The case of Dr. Jaime Viqueira, A/K/A Jaime Viqueira Mariani, et al., Plaintiffs,...

Negligence in Medical Malpractice: United States v. Mitchell Establishes Precedents Under Federal Tort Claims Act

Date: Mar 26, 1998

Negligence in Medical Malpractice: United States v. Mitchell Establishes Precedents Under Federal Tort Claims Act Introduction The case of Jean Mitchell et al. v. United States of America (141 F.3d...

Pretext and Punitive Damages in Pay Discrimination under Massachusetts Law: McMillan v. MSPCA

Date: Mar 19, 1998

Pretext and Punitive Damages in Pay Discrimination under Massachusetts Law: McMillan v. MSPCA Introduction McMillan v. Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA), 140 F.3d...

Limits of RICO Claims in Employment Disputes and Supplemental Jurisdiction Over State Law Claims

Date: Mar 6, 1998

Limits of RICO Claims in Employment Disputes and Supplemental Jurisdiction Over State Law Claims Introduction In Augustus John Camelio v. American Federation et al., 137 F.3d 666 (1st Cir. 1998), the...

Affirmation Upholds Summary Judgment Standard in Predatory Pricing Allegations Under the Sherman Act

Date: Mar 3, 1998

Affirmation Upholds Summary Judgment Standard in Predatory Pricing Allegations Under the Sherman Act Introduction The case of C.B. Trucking, Inc. v. Waste Management, Inc., decided by the United...

Affirmation of Anonymous Jury Empanelment and Spectator Screening Procedures in Organized Crime Convictions

Date: Feb 28, 1998

Affirmation of Anonymous Jury Empanelment and Spectator Screening Procedures in Organized Crime Convictions Introduction In the case of United States of America v. Robert P. DeLuca, Sr., the United...

Clarifying Fiduciary Liability under ERISA: State Street Bank's Non-Liability for Investment Manager Actions

Date: Feb 28, 1998

Clarifying Fiduciary Liability under ERISA: State Street Bank's Non-Liability for Investment Manager Actions Introduction James J. Beddall, et al. v. State Street Bank and Trust Company is a landmark...

Affirmation of Dismissal in Securities Fraud Claims: Maldonado v. Dominguez

Date: Feb 28, 1998

Affirmation of Dismissal in Securities Fraud Claims: Maldonado v. Dominguez Introduction In the case of MIGUEL MALDONADO, ET AL., PLAINTIFFS-APPELLANTS, v. RAMON DOMINGUEZ, ET AL.,...

Santiago v. Canon U.S.A.: Affirming Non-Exclusivity and Dismissing Gender Discrimination Claims

Date: Feb 21, 1998

Santiago v. Canon U.S.A.: Affirming Non-Exclusivity and Dismissing Gender Discrimination Claims Introduction Santiago v. Canon U.S.A., Inc., 138 F.3d 1 (1st Cir. 1998), is a pivotal case that...

Approval of Bankruptcy Settlement Under Rule 9019(a): Insights from In Re Healthco International, Inc.

Date: Feb 13, 1998

Approval of Bankruptcy Settlement Under Rule 9019(a): Insights from In Re: Healthco International, Inc. Introduction The case of In Re: Healthco International, Inc., Debtor, Hicks, Muse Co., Inc., et...

Statute of Limitations and Equitable Tolling in Administrative Proceedings: Benitez-Pons v. Commonwealth of Puerto Rico

Date: Feb 13, 1998

Statute of Limitations and Equitable Tolling in Administrative Proceedings: Benitez-Pons v. Commonwealth of Puerto Rico Introduction The case of Jose Rafael Benitez-Pons v. The Commonwealth of Puerto...

Strict Threshold for Intervention as of Right Under Fed.R Civ. P. 24(a)(2) Affirmed in PSNH v. Patch

Date: Feb 4, 1998

Strict Threshold for Intervention as of Right Under Fed.R Civ. P. 24(a)(2) Affirmed in PSNH v. Patch Introduction In the landmark case Public Service Company of New Hampshire, et al. v. Douglas L....