United States First Circuit - Opinion Summaries

NAT'L LABOR RELATIONS BD. v. REGIONAL HOME CARE SERV., INC.

Labor & Employment Law
The Board's determination that the pro-union activities of a supervisor were not sufficient to deprive employees of their right to a free and...

ACCUSOFT CORP v. PALO

Contracts, Intellectual Property
Where a company extends distribution rights to a product days before a court hearing that might have eliminated its rights in the product, that fact...

US v. SIMONELLI

Evidence
When prior consistent statements are offered not for their truth but to buttress the credibility of a witness previously impeached with prior...

DIMARCO-ZAPPA v. CABANILLAS

Civil Procedure, Constitutional Law
Where defendants did not challenge the court's characterization of the proceedings as limited to amount of damages, and never asserted that no...

PONCE v. ASHFORD PRESBYTERIAN COMMUNITY HOSP.

Health Law, Injury & Tort Law
The jury instruction to consider, in the assessment of lost earning capacity, Puerto Rico's particular economic circumstances -- its unemployment...

US v. ARIAS

Criminal Law & Procedure
Circumstantial evidence showing that the defendant engaged in bizarre behavior and erratic driving while delivering his drug dealer friend to meet...

BARRETT v. LOMBARDI

Civil Procedure, Contracts
Where plaintiff seeks specific performance of a warranty provision requiring a grant of stock at a specific exercise price, the proper consideration...

KEELER v. PUTNAM FIDUCIARY TRUST CO.

Labor & Employment Law
Where the record lacks substantial, specific evidence that employee was treated differently from younger but otherwise similarly situated employees,...

LAAMAN v. WARDEN, NEW HAMPSHIRE STATE PRISON

Civil Procedure
Where district court was not familiar with the record, and the age of the record precludes evidence of "current and ongoing" violations of a consent...

O'ROURKE v. CITY OF PROVIDENCE

Evidence
An unsuccessful motion in limine does not preserve an evidentiary objection, so defendants' failure to object at trial to the itnroduction of evidence...