United States First Circuit - June 2001 Opinion Summaries

US v. MAXWELL

Criminal Law & Procedure
Where duly promulgated regulations prohibit unauthorized entry to a military base, 18 USC 1382 merely requires intent to enter so the government does...

US v. FRIGERIO-MIGIANO

Criminal Law & Procedure
Proof of knowledge that money is derived from an illicit source is not enough for a money laundering conviction under 18 USC 1956(a)(1); the defendant...

US v. GARCIA-MARTINEZ

Criminal Law & Procedure, Immigration Law
A civil arrest for re-entry into the US after deportation does not trigger the Speedy Trial Act unless there is collusion or evidence that the...

US v. TEJADA

Criminal Law & Procedure, Immigration Law
Even though the government fails to bring defendant before a magistrate judge within 48 hours following his warrantless arrest, F. R. Crim. Proc....

FENOGLIO v. AUGAT INC.

Contracts, Labor & Employment Law
An executive fired before control of his company changes is nevertheless entitled to receive benefits under a "change-in-control" contract when his...

MANZOOR v. US DEP'T OF JUSTICE

Immigration Law
After the Board of Immigration Appeals finds that petitioner had experienced past persecution in his native country on account of his political...

VALENTIN v. HOSP. BELLA VISTA

Civil Procedure
Where the plaintiff did not quit her old job, left her belongings at her residence in the old domicile, and kept her car registration and bank account...

FIRST STATE INS. CO. v. BANCO DE SEGUROS DEL ESTADO

Constitutional Law, Dispute Resolution & Arbitration
Where the parties chose the method of providing notice of arbitration proceedings, one party may not later claim a violation of due process.

KANE v. TOWN OF HARPSWELL

Bankruptcy Law, Civil Procedure
A party cannot claim that res judicata from later judgments precludes timely appeal of the very judgment upon which those later judgments depended.

SCHOCK v. US

Attorney's Fees, Civil Procedure
Where the district court faces a novel question of law, and in fact errs in deciding the issue, the government agent's litigation position is not...