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United States First Circuit - December 2001 Opinion Summaries

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Description Date Docket #

PICARD v. MEMBERS OF THE EMPLOYEE RETIREMENT BD. OF PROVIDENCE

United States First Circuit
Civil Rights
In order to prevail on whether a purported contract or property right is entitled to constitutional protection under the Takings Clause, Contract...
12/28/2001 00-2367, 00-2580

FILIATRAULT v. COMVERSE TECH., INC.

United States First Circuit
ERISA
For purposes of an employee benefits plan that bestows severance benefits upon employees who remain at the time of a "change in control" of the...
12/27/2001 01-1409

FREEMAN v. BARNHART

United States First Circuit
Labor & Employment Law
When an Administrative Law Judge has erred at Step 5 of the disability determination process, the appropriate remedy is to remand to the Commissioner...
12/27/2001 01-1293

GOYA FOODS, INC. v. UNANUE-CASAL

United States First Circuit

A judge who expresses preliminary views inside the court, based upon knowledge acquired in court proceedings, is not recusable.
12/27/2001 01-1214, 01-1585

SEAVY v. BARNHART

United States First Circuit
Labor & Employment Law
When an Administrative Law Judge has erred at Step 5 of the disability determination process, the appropriate remedy is to remand to the Commissioner...
12/27/2001 01-1202

MASTRACCHIO v. VOSE

United States First Circuit
Criminal Law & Procedure, Habeas Corpus
Prosecution's failure to fully disclose evidence of favors given by state to its star witness was not material, and hence dis not give way to a new...
12/27/2001 00-2558

US v. SWISS AMERICAN BANK, LTD.

United States First Circuit
Banking Law, Civil Procedure
Personal jurisdiction over an off-shore bank's parent company will not be found if there is not general or specific jurisdiction over the bank itself.
12/27/2001 00-2502

US v. BURGOS-ANDUJAR

United States First Circuit
Criminal Law & Procedure, Sentencing
Defendant's speech to the court, made after her initial allocution, is considered part of allocution under Fed. R. Crim. P. 32(c)(3)(C), even if the...
12/19/2001 01-2062

WONDERLAND GREYHOUND PARK, INC. v. AUTOTOTE SYS., INC.

United States First Circuit
Commercial Law, Dispute Resolution & Arbitration
Arbitrator not limited by remedies for parties in a contract where the arbitration clause did not contain those limitations.
12/19/2001 01-1849, 01-1911

N. BRIDGE ASSOCS., INC. v. BOLDT

United States First Circuit
Injury & Tort Law
Two letters filed over four months threatening foreclosure is insufficient to establish a closed period of continuous criminal activity for a civil...
12/19/2001 01-1622

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