United States First Circuit - August 2001 Opinion Summaries

ST. PAUL FIRE & MARINE INS. CO. v. ELLIS & ELLIS

Injury & Tort Law
An insurer alleging fraud does not need to prove more than detrimental reliance, even in the context of a workers' compensation case, and does not...

US v. EIRBY

Criminal Law & Procedure, Sentencing
Where the grand jury provided reference to a penalty statute, even though it did not need to, and the judge determined that the referenced statute was...

SULLIVAN v. RAYTHEON CO.

Labor & Employment Law
Where plaintiff has repeatedly stated his belief that he is disabled, both in depositions and in applications for government benefits, he must explain...

ROGERS v. VICUNA

Constitutional Law
IRS agents do not need a warrant to enter private property and seize a taxpayer's vehicle pursuant to a levy where the taxpayer's vehicle is clearly...

FED. MARINE TERMINALS, INC. v. WORCESTER PEAT CO., INC.

Admiralty, Transportation
Where the plaintiff did not show how much product it lost, or how much more it lost than it expected to lose, the district court did not err by...

STATE OF MAINE v. DIR., US FISH & WILDLIFE SERV.

Civil Procedure, Environmental Law
Simply because earlier litigation forced the government to take a certain position does not mean that the government will inadequately represent the...

229 MAIN ST. LTD. P'SHIP v. MASSACHUSETTS DEP'T OF ENVTL. PROT.

Bankruptcy Law, Environmental Law
The automatic stay provision of the Bankruptcy Code, 11 USC 362(a), does not prevent a state from simultaneously creating and perfecting an...

KIRK v. THE HITCHCOCK CLINIC

Labor & Employment Law
Where a claim of discrimination is time-barred, a supervisor's statement that he would not promote a woman is not sufficient evidence to proceed under...

US v. NEE

Constitutional Law, Criminal Law & Procedure
Where the officers could have called in the license plate to determine if the car had been reported stolen, and where the officers testified to...

NAVARRO v. PFIZER CORP.

Labor & Employment Law
The meaning of the term "disability" for purposes of the Family Medical Leave Act, 29 USC 2611(12), is similar to the meaning under the ADA, but with...