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  • Commentaries
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1st Circuit Case Commentaries

Affirmation of BCNR's Discretion in Upholding Other Than Honorable Discharge Despite Mitigating PTSD Claims

Affirmation of BCNR's Discretion in Upholding Other Than Honorable Discharge Despite Mitigating PTSD Claims

Date: Apr 19, 2024
Affirmation of BCNR's Discretion in Upholding Other Than Honorable Discharge Despite Mitigating PTSD Claims Introduction Mahoney v. Del Toro is a significant case decided by the United States Court...
Perez-Delgado v. United States: Enhanced Standards for Upward Variance in Sentencing

Perez-Delgado v. United States: Enhanced Standards for Upward Variance in Sentencing

Date: Apr 19, 2024
Perez-Delgado v. United States: Enhanced Standards for Upward Variance in Sentencing Introduction In the landmark case of United States v. Ricardo Perez-Delgado, 99 F.4th 13 (1st Cir. 2024), the...
First Circuit Upholds Substantively Reasonable Upwardly Variant Sentence in Supervised Release Revocation Case

First Circuit Upholds Substantively Reasonable Upwardly Variant Sentence in Supervised Release Revocation Case

Date: Apr 16, 2024
First Circuit Upholds Substantively Reasonable Upwardly Variant Sentence in Supervised Release Revocation Case Introduction The case of United States of America v. Edgar Centariczki, adjudicated by...
Affirmation of Rule 25(a) Party Substitution and Reversal of Improper Default Judgment in Universitas Education, LLC v. Granderson

Affirmation of Rule 25(a) Party Substitution and Reversal of Improper Default Judgment in Universitas Education, LLC v. Granderson

Date: Apr 16, 2024
Affirmation of Rule 25(a) Party Substitution and Reversal of Improper Default Judgment in Universitas Education, LLC v. Granderson Introduction In the case of Universitas Education, LLC, Plaintiff,...
Materiality in False Claims Act Claims: First Circuit Affirms Dismissal in Ex rel. Zotos v. Town of Hingham

Materiality in False Claims Act Claims: First Circuit Affirms Dismissal in Ex rel. Zotos v. Town of Hingham

Date: Apr 9, 2024
Materiality in False Claims Act Claims: First Circuit Affirms Dismissal in Ex rel. Zotos v. Town of Hingham Introduction The case of United States ex rel. Frederic P. Zotos and Commonwealth of...
Affirmation of Conviction Upholding Trial Court's Evidentiary Discretion in Admitting Religious Testimonies: Rathbun v. United States

Affirmation of Conviction Upholding Trial Court's Evidentiary Discretion in Admitting Religious Testimonies: Rathbun v. United States

Date: Apr 6, 2024
Affirmation of Conviction Upholding Trial Court's Evidentiary Discretion in Admitting Religious Testimonies: Rathbun v. United States Introduction In United States v. Rathbun, the United States Court...
Mixed-Motive Persecution in Asylum Claims: Analysis of Khalil v. Garland

Mixed-Motive Persecution in Asylum Claims: Analysis of Khalil v. Garland

Date: Mar 30, 2024
Mixed-Motive Persecution in Asylum Claims: Analysis of Khalil v. Garland Introduction The case of Amgad Samir Halim Khalil v. Merrick B. Garland (97 F.4th 54), adjudicated by the United States Court...
First Circuit Restricts Compulsory Insurance Doctrine to Automobile Liability, Upholds Insurer's Breach of Notice Defense

First Circuit Restricts Compulsory Insurance Doctrine to Automobile Liability, Upholds Insurer's Breach of Notice Defense

Date: Mar 26, 2024
First Circuit Restricts Compulsory Insurance Doctrine to Automobile Liability, Upholds Insurer's Breach of Notice Defense Introduction In Margaret and David Jespersen v. Colony Insurance Company, 96...
First Circuit Court Refines Standards for Cognizability of Gender-Based Social Groups in Withholding of Removal Cases

First Circuit Court Refines Standards for Cognizability of Gender-Based Social Groups in Withholding of Removal Cases

Date: Mar 22, 2024
First Circuit Court Refines Standards for Cognizability of Gender-Based Social Groups in Withholding of Removal Cases Introduction The case of PAMLAR FERREIRA v. MERRICK B. GARLAND, Attorney General...
Affirmation of Dismissal in RICO Claim: Efron v. UBS Financial Services

Affirmation of Dismissal in RICO Claim: Efron v. UBS Financial Services

Date: Mar 21, 2024
Affirmation of Dismissal in RICO Claim: Efron v. UBS Financial Services Introduction In the recent appeal case David Efron v. UBS Financial Services Incorporated of Puerto Rico et al. (96 F.4th 430),...
Affirming Conviction for Sexual Exploitation of a Minor: Comprehensive Analysis of United States v. Orlandella

Affirming Conviction for Sexual Exploitation of a Minor: Comprehensive Analysis of United States v. Orlandella

Date: Mar 21, 2024
Affirming Conviction for Sexual Exploitation of a Minor: Comprehensive Analysis of United States v. Orlandella Introduction In the case of United States v. Brian Orlandella, 96 F.4th 71 (2024), the...
Exhaustion of Administrative Remedies Mandated for PSG-Based Asylum Claims

Exhaustion of Administrative Remedies Mandated for PSG-Based Asylum Claims

Date: Mar 16, 2024
Exhaustion of Administrative Remedies Mandated for PSG-Based Asylum Claims Introduction In the recent case of Mariela Gricelda Chun Mendez; Y.Y.C. v. Merrick B. Garland (96 F.4th 58, 2024), the...
Affirming Appellate Jurisdiction Despite Case Transfer: Sastrom v. United States

Affirming Appellate Jurisdiction Despite Case Transfer: Sastrom v. United States

Date: Mar 16, 2024
Affirming Appellate Jurisdiction Despite Case Transfer: Sastrom v. United States Introduction The case of United States of America v. Roy Sastrom, adjudicated by the United States Court of Appeals...
Reaffirmation of the Voluntary/Involuntary Rule Governing Removal Jurisdiction in Diversity Cases

Reaffirmation of the Voluntary/Involuntary Rule Governing Removal Jurisdiction in Diversity Cases

Date: Mar 14, 2024
Reaffirmation of the Voluntary/Involuntary Rule Governing Removal Jurisdiction in Diversity Cases Introduction The case of Caribe Chem Distributors, Corp. v. Southern Agricultural Insecticides, Inc....
First Step Act §404(c) Bars Sentence Reduction When Fair Sentencing Act Applied: Ayala-Vázquez

First Step Act §404(c) Bars Sentence Reduction When Fair Sentencing Act Applied: Ayala-Vázquez

Date: Mar 13, 2024
First Step Act §404(c) Bars Sentence Reduction When Fair Sentencing Act Applied: Ayala-Vázquez Introduction In the case of United States v. Ángel Ayala-Vázquez, the United States Court of Appeals for...
Affirmation of Qualified Immunity in First Amendment Retaliation Claims: Jakuttis v. Town of Dracut

Affirmation of Qualified Immunity in First Amendment Retaliation Claims: Jakuttis v. Town of Dracut

Date: Mar 8, 2024
Affirmation of Qualified Immunity in First Amendment Retaliation Claims: Jakuttis v. Town of Dracut Introduction In the appellate case Joseph A. Jakuttis v. Town of Dracut, the United States Court of...
Affirming the Constitutionality of Rhode Island's Large Capacity Feeding Device Ban

Affirming the Constitutionality of Rhode Island's Large Capacity Feeding Device Ban

Date: Mar 8, 2024
Affirming the Constitutionality of Rhode Island's Large Capacity Feeding Device Ban Introduction In the landmark case Ocean State Tactical, LLC v. State of Rhode Island, the United States Court of...
Halsey v. Fedcap Rehabilitation Services: Affirming Administrative Remedy Requirements under Maine Law

Halsey v. Fedcap Rehabilitation Services: Affirming Administrative Remedy Requirements under Maine Law

Date: Mar 5, 2024
Halsey v. Fedcap Rehabilitation Services: Affirming Administrative Remedy Requirements under Maine Law Introduction The case of Sara Halsey and Susan Kiralis-Vernon v. Fedcap Rehabilitation Services,...
Esteban-Garcia v. Garland: Strengthening the Nexus Requirement in Asylum Claims

Esteban-Garcia v. Garland: Strengthening the Nexus Requirement in Asylum Claims

Date: Mar 1, 2024
Esteban-Garcia v. Garland: Strengthening the Nexus Requirement in Asylum Claims Introduction Esteban-Garcia v. Garland, a decision by the United States Court of Appeals for the First Circuit,...
Affirmation of 'Now Settled' Defense Criteria under the Hague Convention: Da Costa v. de Lima

Affirmation of 'Now Settled' Defense Criteria under the Hague Convention: Da Costa v. de Lima

Date: Feb 29, 2024
Affirmation of 'Now Settled' Defense Criteria under the Hague Convention: Da Costa v. de Lima Introduction Da Costa v. de Lima (94 F.4th 174) is a landmark decision by the United States Court of...
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