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United States First Circuit - Opinion Summaries

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Description Date Docket #

BATISTA v. ASHCROFT

United States First Circuit
Evidence, Immigration Law
Under 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 RICO

United States First Circuit
Bankruptcy Law
Under 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. LEWKO

United States First Circuit
Constitutional Law, Family Law
Because 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. LLC

United States First Circuit
Oil and Gas Law
The 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 Procedure
Where 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 Law
Where 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

KIBBE v. DUBOIS

United States First Circuit
Criminal Law & Procedure
Because the law is unsettled regarding whether a defendant's post arrest silence is admissible where the defendant otherwise cooperated, the...
10/23/2001 00-2440

AUGUSTA NEWS CO. v. HUDSON NEWS CO.

United States First Circuit
Antitrust & Trade Regulation
Section 2(c) of the Robinson-Patman Act does not limit all payments from the seller to the buyer, and payments that are simply price reductions...
10/23/2001 01-1269

US v. NASON

United States First Circuit
Criminal Law & Procedure
Under 18 USC 922(g)(9), an "offensive physical contact," in Maine's general-purpose assault statute necessarily involves the use of physical force...
10/19/2001 01-1440

US v. GIRAUD-PINEIRO

United States First Circuit
Criminal Law & Procedure, Sentencing
Government did not breach plea agreement by recommending a sentence on a drug calculation based on a stipulated amount when defendant pled guilty to...
10/19/2001 01-1298

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