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United States First Circuit - April 2001 Opinion Summaries

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Description Date Docket #

US v. SOTOMAYOR-VAZQUEZ

United States First Circuit
Criminal Law & Procedure
Even though defendant's attorney had an incentive to avoid implicating himself in the perjury to which the recanting witness was admitting and the...
04/30/2001 00-1096, 00-1097, 00-1279

FISHMAN v. LASALLE NAT'L BANK

United States First Circuit
Contracts, Evidence
The judge construes contracts, even in close cases, if only the words need be considered, and the jury does the job under instructions if evidentiary...
04/26/2001 00-2032

SAINT-GOBAIN INDUS. CERAMICS INC. v. WELLONS, INC.

United States First Circuit
Commercial Law
Because Massachusetts has not adopted Section 2-725(2) of the UCC, stating that the date of breach of warranty is the date of delivery of the goods...
04/26/2001 00-1928, 00-1929

US v. SACKO

United States First Circuit
Criminal Law & Procedure, Sentencing
Because a state's classification of a crime generally reflects different policy considerations than the federal classification, state classification...
04/26/2001 00-1889

ROME SCHOOL COMM. v. MRS. B.

United States First Circuit
Education Law
Facts such as a teacher's recommendation that the student receive a one-to-one aide for behavior management purposes and instances of aggressive...
04/26/2001 00-1746, 00-1763, 00-1870

US v. OSORIO-PENA

United States First Circuit
Criminal Law & Procedure
United States v. Lema, 909 F.2d 561 (1st Cir. 1990) precludes defendants from prevailing under Rule 33's "newly discovered evidence" provision when...
04/26/2001 00-1449

ACEVEDO-LOPEZ v. POLICE DEP'T OF THE COMMONWEALTH OF PUERTO RICO

United States First Circuit
Civil Procedure, Constitutional Law, Labor & Employment Law
Puerto Rico's Eleventh Amendment immunity from suit for money damages covers ADA claims against the police department, and Law 44 of Puerto Rico,...
04/26/2001 00-1093

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

GAY OFFICERS ACTION LEAGUE v. COMMONWEALTH OF PUERTO RICO

United States First Circuit
Attorney's Fees, Civil Rights
The question of whether the plaintiffs' success in obtaining equitable relief is sufficiently meaningful to warrant prevailing party status for...
04/23/2001 00-1983

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

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