PORCARO

v.

UNITED STATES

Citator

Cited By (23 total)

• Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (U.S. 1989)
  …754 F. 2d 473, 476 (CA2 1985), or former employees who “have ... a reasonable expectation of returning to covered employment” or who have “a colorable claim” to vested benefits, Kuntz v. Reese, 785 F. 2d 1410, 1411 (CA9) (per curiam), cert. denied, 479 U. S. 916 (1986). In order to establish that he or she “may become eligible” for benefits, a claimant must have a colorable claim that (1) he or she will prevail in a suit for benefits, or that (2) eligibility requirements [*118] will be fulfilled in the fu…
• Mertens v. Hewitt Assocs., 508 U.S. 248 (U.S. 1993)
  …ircuit precedent we subsequently reversed in Massachusetts Mut. Life Ins. Co. v. Russell, 473 U. S. 134 (1985), see Kuntz, supra, at 938; (b) was formally withdrawn after being vacated on other grounds, see 785 F. 2d 1410 (per curiam), cert. denied, 479 U. S. 916 (1986); and (c) has never been relied upon again, even by the Ninth Circuit. We agree with the dissent, see post, at 269, n. 4, that the distinction between “equitable” and “remedial” relief is artless, but do not agree that we are therefore free t…

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• United States v. Rivera-Santiago, 872 F.2d 1073 (1st Cir. 1989)
  …n indictment when the defendant challenged the indictment after conviction. Id. at 1188. We have recognized the extraordinary nature of a post conviction dismissal of an indictment. In Porcaro v. United States, 784 F. 2d 38 (1st Cir.), cert. denied, 479 U.S. 916, 107 S.Ct. 320, 93 L.Ed.2d 293 (1986), we stated: “the sanction, however, of dismissing an indictment after a defendant has been convicted of an offense is employed in only truly extreme cases of egregious prosecutorial misconduct.” Id. at 44. In th…