Legal Opinion

Franceschi v. Hospital General San Carlos, Inc.

Court of Appeals for the First Circuit

Decided August 24, 2005No. 04-2104, 04-2105PublishedCited by 17 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

Appellant Dr. Porfirio Franceschi, a physician, had a contract dispute with the hospital that employed him. The contract had an arbitration clause, and the parties attempted to select an arbitral panel. For various reasons, the arbitration never happened. Instead, the dispute was eventually tried to a jury, which returned a verdict for Dr. Franceschi on both contract damages and compensatory damages for emotional distress. On the hospital’s motion for new trial or remittitur, the court substantially reduced the emotional damages award.

The appeal (by plaintiffs) and…

2Cases cited6 opinions

  1. Dimick v. SchiedtSupreme Court of the United States · 1935
  2. Davignon v. ClemmeyCourt of Appeals for the First Circuit · 2003
  3. Dania R. KEISLING, Plaintiff, Appellee, v. SER-JOBS FOR PROGRESS, INC., Et Al., Defendants, AppellantsCourt of Appeals for the First Circuit · 1994
  4. Campos-Orrego v. RiveraCourt of Appeals for the First Circuit · 1999
  5. United States v. CastelliniCourt of Appeals for the First Circuit · 2004

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Veronica Gutierrez v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2012
  2. Travers v. Flight Services & Systems, Inc.Court of Appeals for the First Circuit · 2015
  3. Bartlett v. Mutual Pharmaceutical Co., Inc.Court of Appeals for the First Circuit · 2012
  4. Shank/Balfour Beatty v. International Brotherhood of Electrical Workers Local 99Court of Appeals for the First Circuit · 2007
  5. Bartlett v. Mutual Pharmaceutical Company, Inc.District Court, D. New Hampshire · 2011

12 more not listed; retrieve them via the Exa API.

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