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United States First Circuit - April 2001 Opinion Summaries

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Description Date Docket #
US v. NGUYEN
United States First Circuit
Criminal Law & Procedure 
Where defendant knew that at least one of the crew he sent to burglarize the home of his former employer was carrying a gun, he conspired to commit...
04/23/2001 00-1940
KEEBLER CO. v. TRUCK DRIVERS, LOCAL 170
United States First Circuit
Dispute Resolution & Arbitration, Labor & Employment Law 
Even though there may be no valid reason for the arbitrator to require a higher standard of proof because there were allegations of criminal conduct...
04/23/2001 00-1994
DANTRAN, INC. v. US DEPT. OF LABOR
United States First Circuit
Attorney's Fees, Government Contracts 
The Secretary of Labor's continuing attempt to bar appellants from government contracting following an ALJ's ruling that appellants had acted in good...
04/13/2001 00-1656
QUINT v. A.E. STALEY MFG. CO.
United States First Circuit
Civil Procedure, Contracts 
An oral agreement to settle a lawsuit is valid and binding, even if the parties contemplated a written agreement which was never ultimately executed.
04/11/2001 00-1181, 00-1532
MORALES v. A. C. ORSSLEFF'S EFTF
United States First Circuit
Civil Procedure 
Where plaintiff, in violation of a local rule, either fails to cite the record or fails to cite to a specific portion of the record in disputing the...
04/11/2001 00-1707
PEPPERELL ASSOC. v. US ENVTL. PROT. AGENCY
United States First Circuit
Environmental Law 
33 USC 1321(j)(1) requires a Spill Prevention Control and Countermeasures Plan when there is any reasonable possibility of oil reaching navigable...
04/11/2001 00-1708
ARECIBO CMTY. HEALTH CARE, INC. v. COMMONWEALTH OF PUERTO RICO, DEPT. OF HEALTH ANDTHE ADMIN. OF HEALTH SERV.
United States First Circuit
Constitutional Law 
The application of 11 USC 106(b) to the Commonwealth of Puerto Rico by virtue of its having filed a proof of claim in the bankruptcy court violates...
04/05/2001 00-1774
HART SURGICAL, INC. v. ULTRACISION, INC.
United States First Circuit
Civil Procedure 
In an arbitration case where there is a formal, agreed-to bifuraction into liability and damages phases, the arbitration panel's award with respect to...
04/05/2001 00-1596
BATH IRON WORKS CORP. v. DIR., OFFICE OF WORKERS COMP. PROGRAMS, US DEPT. OF LABOR
United States First Circuit
Civil Procedure, Insurance Law 
Where employer had adequate notice of its potential liability and the employee's exposure to toxins continuned while working for the employer, the...
04/05/2001 00-1208
ANDERSON v. CITY OF BOSTON
United States First Circuit
Civil Procedure 
Interlocutory review of the refusal of a permanent injunction is not available even though the refusal forecloses any meaningful future consideration...
04/05/2001 00-1731

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