United States First Circuit - October 2001 Opinion Summaries
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| Description | Date | Docket # |
|---|---|---|
BRACKETT v. USUnited States First Circuit
Criminal Law & ProcedureThe accrual date for the application of the one year limitations period in 28 USC 2255(4) is the date when the prisoner knew the facts giving rise to... |
10/31/2001 | 01-1466 |
US v. LAINEUnited States First Circuit
Criminal Law & ProcedureParties may not re-litigate on appeal those credibility judgments and other fact-sensitive determinations that the district court resolved at the... |
10/31/2001 | 01-1432 |
US v. SCOTTUnited States First Circuit
Criminal Law & ProcedureReasonable suspicion of the fraud of attempting to pass a bad check sufficient to justify an investigative stop under Terry v. Ohio, does not alone... |
10/30/2001 | 99-2236; 00-1379; 00-1381; 00-1669; 00-1767; 00-2350 |
HOPKINS v. JORDAN MARINE, INC.United States First Circuit
AdmiraltyA jury instruction in a Jones Act case that "failing to observe an obvious condition" will not make a vessel unseaworthy is not an assumption of risk... |
10/29/2001 | 01-1027 |
BATISTA v. ASHCROFTUnited States First Circuit
Evidence, Immigration LawUnder 8 USC 1432, when an alien claims citizenship in the petition for review, an appellate court may look to documents beyond the administrative... |
10/29/2001 | 00-2525 |
ARECIBO CMTY. HEALTH CARE, INC. v. COMMONWEALTH OF PUERTO RICOUnited States First Circuit
Bankruptcy LawUnder 11 USC 106(b), a state's filing of a claim in bankruptcy waives any 11th Amendment immunity from counterclaims. |
10/29/2001 | 00-1774 |
US v. LEWKOUnited States First Circuit
Constitutional Law, Family LawBecause neither the Child Support Recovery Act, 18 USC 228(a)(1), nor the Deadbeat Parents Punishment Act, 18 USC 228(a)(3), have the purpose or... |
10/25/2001 | 01-1231 |
C.K. SMITH & CO., INC. v. MOTIVA ENTERS. LLCUnited States First Circuit
Oil and Gas LawThe Petroleum Marketing Practices Act, 15 USC 2801-2841, does not provide any relief for a franchisee who negligently fails to execute renewal... |
10/25/2001 | 01-1161 |
GRAPHIC COMMUNICATIONS INT'L UNION, LOCAL 12-N v. QUEBECOR PRINTING PROVIDENCE, INC.United States First Circuit
Civil ProcedureWhere counsel demonstrated his ignorance of the amount of time allowed for filing a notice of appeal, the district court need not grant additional... |
10/25/2001 | 00-2127 |
SAVE OUR HERITAGE, INC. v. FED. AVIATION ADMIN.United States First Circuit
Administrative Law, Environmental LawWhere the FAA made specific findings that the effects on the environment and on historic properties from ten or so daily flights would be de minimis,... |
10/23/2001 | 00-2340 |
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