Legal Opinion
Berkovitz v. Home Box Office, Inc.
Court of Appeals for the First Circuit
Decided July 22, 1996No. 95-2335PublishedCited by 92 opinions
1Opinion of the Court
SELYA, Circuit Judge.
In this appeal, plaintiff-appellant Donald M. Berkovitz challenges the district court’s spontaneous entry of judgment in favor of the defendants Home Box Office, Inc. (HBO) and Viacom International, Inc. (Viacom). 1 Although we applaud the district court’s innovative case management and its Briarean efforts to refine the issues for trial, we believe that in one crucial respect the court went awry. Consequently, we vacate the judgment and remand for farther proceedings.
I. FACTUAL PREDICATE
We frame the facts in the aspect most beneficial to the party against whom the…
2Cases cited17 opinions
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- Rodriguez-Bruno v. Doral MortgageCourt of Appeals for the First Circuit · 1995
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- Quaker State Oil Refining Corporation v. Garrity Oil Company, Inc., Quaker State Oil Refining Corporation v. Garrity Oil Company, Inc.Court of Appeals for the First Circuit · 1989
- Donald A. JENSEN, Plaintiff, Appellant, v. Anthony M. FRANK, Postmaster General, United States Postal Service, Defendant, AppelleeCourt of Appeals for the First Circuit · 1990
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3Cited by92 opinions
- Rogan v. MeninoCourt of Appeals for the First Circuit · 1999
- Santiago, etc. v. Canon, U.S.A., Inc.Court of Appeals for the First Circuit · 1998
- Maldonado v. DominguezCourt of Appeals for the First Circuit · 1998
- Walden v. Affiliated Computer Services, Inc., Texas Court of Appeals, 14th District (Houston)2003
- Waldo G. Vazquez v. Carlos Lopez-RosarioCourt of Appeals for the First Circuit · 1998
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