1st Circuit Case Commentaries

FRANKS v. DELAWARE Reinforced: Upholding Fourth Amendment Protections Against Warrant Falsification

Date: Feb 4, 1998

FRANKS v. DELAWARE Reinforced: Upholding Fourth Amendment Protections Against Warrant Falsification Introduction The case of Rafael Aponte Matos, et al. v. Pedro Toledo Davila, et al., decided by the...

Noonan v. The Winston Co.: Establishing Limits on Personal Jurisdiction

Date: Feb 3, 1998

Noonan v. The Winston Co.: Establishing Limits on Personal Jurisdiction Introduction Noonan v. The Winston Co., 135 F.3d 85 (1st Cir. 1998), is a landmark case adjudicated by the United States Court...

Enforcement of Sentencing Guidelines and Strict Section 2255 Standards in Shmuel David v. United States

Date: Jan 28, 1998

Enforcement of Sentencing Guidelines and Strict Section 2255 Standards in Shmuel David v. United States Introduction Shmuel David v. United States of America, 134 F.3d 470 (1st Cir. 1998), is a...

Admissibility of Party-Opponent Admissions in First Amendment Employment Retaliation Claims: Vazquez v. Lopez-Rosario

Date: Jan 23, 1998

Admissibility of Party-Opponent Admissions in First Amendment Employment Retaliation Claims: Vazquez v. Lopez-Rosario Introduction Vazquez v. Lopez-Rosario is a pivotal case adjudicated by the United...

Mandatory Arbitration of ADA Claims in Private Education: Baldwin School Case Sets New Precedent

Date: Jan 13, 1998

Mandatory Arbitration of ADA Claims in Private Education: Baldwin School Case Sets New Precedent Introduction The case of Jason Bercovitch et al. v. Baldwin School, Inc. et al. explores the...

Enforcing OWBPA Compliance: American Airlines v. Cardoza-Rodriguez and the Limits of Release Ratification

Date: Jan 8, 1998

Enforcing OWBPA Compliance: American Airlines v. Cardoza-Rodriguez and the Limits of Release Ratification Introduction The case of American Airlines, Inc. v. Radames Cardoza-Rodriguez et al. (133...

Establishing Employer Liability for Customer-Induced Sexual Harassment: Insights from Rodriguez-Hernandez v. Miranda-Velez

Date: Jan 7, 1998

Establishing Employer Liability for Customer-Induced Sexual Harassment: Insights from Rodriguez-Hernandez v. Miranda-Velez Introduction Rodriguez-Hernandez v. Miranda-Velez is a seminal case...

Preemption Standards for Union Liability: Analysis of BIW Deceived v. Local S6

Date: Dec 31, 1997

Preemption Standards for Union Liability: Analysis of BIW Deceived v. Local S6 Introduction BIW Deceived, et al. v. Local S6, Industrial Union of Marine and Shipbuilding Workers of America, IAMAW...

Transacting Business and Personal Jurisdiction: Insights from Ashworth v. Lyle Richards International

Date: Dec 23, 1997

Transacting Business and Personal Jurisdiction: Insights from Ashworth v. Lyle Richards International Introduction The case of Ashworth, Inc. v. Lyle Richards International, Ltd. (132 F.3d 111)...

First Amendment Protections for Transitory Employees Affirmed in Political Non-Renewal Case

Date: Dec 23, 1997

First Amendment Protections for Transitory Employees Affirmed in Political Non-Renewal Case Introduction In the case of Carlos J. Nieves-Villanueva, et al. v. Jose R. Soto-Rivera, et al., adjudicated...

Defining Ordinary Course of Business in Bankruptcy Preference Actions: In re Healthco International, Inc.

Date: Dec 23, 1997

Defining Ordinary Course of Business in Bankruptcy Preference Actions: In re Healthco International, Inc. Introduction The case of In re Healthco International, Inc. revolves around the critical...

Affirming the Exhaustion Requirement in Federal Habeas Proceedings: Adelson v. DiPaola

Date: Dec 13, 1997

Affirming the Exhaustion of State Remedies Requirement in Federal Habeas Proceedings: Adelson v. DiPaola 1. Introduction Adelson v. DiPaola (131 F.3d 259, 1997) is a pivotal case adjudicated by the...

Section 301 Preemption of State-Law Claims: Insights from Flibotte v. Pennsylvania Truck Lines, Inc.

Date: Dec 11, 1997

Section 301 Preemption of State-Law Claims: Insights from Flibotte v. Pennsylvania Truck Lines, Inc. Introduction The case of Albert A. Flibotte, et al. v. Pennsylvania Truck Lines, Inc. (131 F.3d...

Forfeiture of Attorney-Client Privilege through Disclosure to Government Agencies: United States v. MIT

Date: Nov 26, 1997

Forfeiture of Attorney-Client Privilege through Disclosure to Government Agencies: United States v. MIT Introduction In United States of America v. Massachusetts Institute of Technology (MIT), the...

Santiago-Becerril v. United States: Upholding Speedy Trial and Witness Rights

Date: Nov 21, 1997

Santiago-Becerril v. United States: Upholding Speedy Trial and Witness Rights Introduction Santiago-Becerril v. United States (130 F.3d 11, United States Court of Appeals, First Circuit, 1997) is a...

Mandamus Petition Denied: Standards for Judicial Recusal under 28 U.S.C. §144 and §455

Date: Nov 13, 1997

Mandamus Petition Denied: Standards for Judicial Recusal under 28 U.S.C. §144 and §455 Introduction The case of In Re: Marisol Martinez-Catala, et al., Petitioners (129 F.3d 213) addresses the...

Pratt v. United States: Strengthening AEDPA’s Restrictions on Successive Habeas Petitions

Date: Nov 7, 1997

Pratt v. United States: Strengthening AEDPA’s Restrictions on Successive Habeas Petitions Introduction Pratt v. United States, 129 F.3d 54 (1st Cir. 1997), marks a significant judicial affirmation of...

Equitable Tolling and Statute of Limitations in Mortgage Fraud: Salois v. Dime Savings Bank

Date: Nov 4, 1997

Equitable Tolling and Statute of Limitations in Mortgage Fraud: Salois v. Dime Savings Bank Introduction Salois et al. v. Dime Savings Bank of New York, FSB is a pivotal case adjudicated by the...

Balancing Free Speech and Courtroom Impartiality: The Berner v. Delahanty Decision

Date: Oct 29, 1997

Balancing Free Speech and Courtroom Impartiality: The Berner v. Delahanty Decision Introduction The case of Seth Berner v. Judge Thomas E. Delahanty, II, adjudicated by the United States Court of...

Affirmation of Felon-In-Possession and Commerce Clause Application in United States v. Cardoza

Date: Oct 28, 1997

Affirmation of Felon-In-Possession and Commerce Clause Application in United States v. Cardoza Introduction United States of America v. Frederick Cardoza, 129 F.3d 6 (1st Cir. 1997), is a significant...