1st Circuit Case Commentaries

First Circuit Clarifies Fraudulent Intent and Appellate Review Standards in Bankruptcy Discharge Claims Under 11 U.S.C. §523(a)(2)(A)

Date: Feb 4, 2020

First Circuit Clarifies Fraudulent Intent and Appellate Review Standards in Bankruptcy Discharge Claims Under 11 U.S.C. §523(a)(2)(A) Introduction The United States Court of Appeals for the First...

Affirming Summary Judgment in Academic Tenure Discrimination: Theidon v. Harvard University

Date: Feb 1, 2020

Affirming Summary Judgment in Academic Tenure Discrimination: Theidon v. Harvard University Introduction Theidon v. Harvard University is a landmark case adjudicated by the United States Court of...

Reaffirmation of Strict Jury Selection Compliance and Mandatory Minimum Sentencing in United States v. Gonzalez

Date: Feb 1, 2020

Reaffirmation of Strict Jury Selection Compliance and Mandatory Minimum Sentencing in United States v. Gonzalez Introduction United States v. Alfredo Gonzalez (949 F.3d 30) is a significant appellate...

First Circuit Affirms Limitations on Bondholders' Security Interests in Puerto Rico's Postpetition Contributions under PROMESA

Date: Jan 31, 2020

First Circuit Affirms Limitations on Bondholders' Security Interests in Puerto Rico's Postpetition Contributions under PROMESA Introduction In the landmark case In re: The Financial Oversight and...

Affirmation of Adequate State Remedies for LEOSA Identification Card Denials: Lambert v. Fiorettini

Date: Jan 25, 2020

Affirmation of Adequate State Remedies for LEOSA Identification Card Denials: Lambert v. Fiorettini Introduction In the case of Craig Lambert v. James J. Fiorettini, Mayor of Haverhill, decided by...

Affirmation of Conspiracy to Commit Kidnapping: United States v. Danny Veloz

Date: Jan 25, 2020

Affirmation of Conspiracy to Commit Kidnapping: United States v. Danny Veloz Introduction In United States of America v. Danny Veloz (948 F.3d 418), the United States Court of Appeals for the First...

Upholding Summary Judgment in Federal Sex and Age Discrimination Claims: Insights from Joyce Paul v. GSA

Date: Jan 25, 2020

Upholding Summary Judgment in Federal Sex and Age Discrimination Claims: Insights from Joyce Paul v. GSA Introduction Joyce Paul v. Emily W. Murphy, Administrator, General Services Administration,...

Clarifying Miranda Waiver and Right to Counsel in Subsequent Interrogations: Insights from United States v. Carpentino

Date: Jan 18, 2020

Clarifying Miranda Waiver and Right to Counsel in Subsequent Interrogations: Insights from United States v. Carpentino Introduction United States of America v. Kurt Carpentino, 948 F.3d 10 (1st Cir....

Four-Year Limitation Period for Chapter 93A Claims Affirmed in O'Brien v. Deutsche Bank

Date: Jan 18, 2020

Four-Year Limitation Period for Chapter 93A Claims Affirmed in O'Brien v. Deutsche Bank Introduction In the case of Mary Kathryn O'Brien v. Deutsche Bank National Trust Company et al., 948 F.3d 31...

Affirming Upward Sentence Variance Based on Dismissed and Prior Charges: Insights from United States v. Miranda-Díaz

Date: Nov 6, 2019

Affirming Upward Sentence Variance Based on Dismissed and Prior Charges: Insights from United States v. Miranda-Díaz Introduction In the landmark case of United States of America v. Jonathan Frank...

TelexFree Case: Establishing Derivative Nature of Unjust Enrichment Claims Under Bankruptcy Code §§547, 548, and 362(a)(3)

Date: Oct 30, 2019

TelexFree Case: Establishing Derivative Nature of Unjust Enrichment Claims Under Bankruptcy Code §§547, 548, and 362(a)(3) Introduction The case of In Re: TelexFree, LLC; TelexFree, Inc.; TelexFree...

Enhancing ACCA Sentencing: The Scienter-of-Status Requirement Post-Rehaif

Date: Oct 4, 2019

Enhancing ACCA Sentencing: The Scienter-of-Status Requirement Post-Rehaif Introduction The case of United States of America v. Michael Roman Burghardt (939 F.3d 397) presents significant developments...

Affirmation of Summary Judgment Upholding Legitimate Non-Discriminatory Termination Under ADEA

Date: Aug 27, 2019

Affirmation of Summary Judgment Upholding Legitimate Non-Discriminatory Termination Under ADEA Introduction The case of Carmen Rodríguez-Cardi v. MMM Holdings, Inc. revolves around allegations of age...

Hazelnut Crème Coffee Labeling Deception: Dumont v. Reily Foods Co. Analysis

Date: Aug 9, 2019

Hazelnut Crème Coffee Labeling Deception: Dumont v. Reily Foods Co. Analysis Introduction In Dumont v. Reily Foods Company, the United States Court of Appeals for the First Circuit addressed a...

Procedural Due Process in University Disciplinary Proceedings: Insights from Haidak v. University of Massachusetts-Amherst

Date: Aug 7, 2019

Procedural Due Process in University Disciplinary Proceedings: Insights from Haidak v. University of Massachusetts-Amherst Introduction Haidak v. University of Massachusetts-Amherst, 933 F.3d 56 (1st...

Affirmation of Conviction in UNITED STATES v. WILLIAM GAUDET: Standards for Sufficiency of Evidence and Sentencing Enhancements

Date: Aug 2, 2019

Affirmation of Conviction in UNITED STATES v. WILLIAM GAUDET: Standards for Sufficiency of Evidence and Sentencing Enhancements Introduction In UNITED STATES, Appellee, v. WILLIAM GAUDET, Defendant,...

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1st Circuit Case Commentaries

First Circuit Clarifies Fraudulent Intent and Appellate Review Standards in Bankruptcy Discharge Claims Under 11 U.S.C. §523(a)(2)(A)

Affirming Summary Judgment in Academic Tenure Discrimination: Theidon v. Harvard University

Reaffirmation of Strict Jury Selection Compliance and Mandatory Minimum Sentencing in United States v. Gonzalez

First Circuit Affirms Limitations on Bondholders' Security Interests in Puerto Rico's Postpetition Contributions under PROMESA

Affirmation of Adequate State Remedies for LEOSA Identification Card Denials: Lambert v. Fiorettini

Affirmation of Conspiracy to Commit Kidnapping: United States v. Danny Veloz

Upholding Summary Judgment in Federal Sex and Age Discrimination Claims: Insights from Joyce Paul v. GSA

Clarifying Miranda Waiver and Right to Counsel in Subsequent Interrogations: Insights from United States v. Carpentino

Four-Year Limitation Period for Chapter 93A Claims Affirmed in O'Brien v. Deutsche Bank

Affirming Upward Sentence Variance Based on Dismissed and Prior Charges: Insights from United States v. Miranda-Díaz

TelexFree Case: Establishing Derivative Nature of Unjust Enrichment Claims Under Bankruptcy Code §§547, 548, and 362(a)(3)

Enhancing ACCA Sentencing: The Scienter-of-Status Requirement Post-Rehaif

Affirmation of Summary Judgment Upholding Legitimate Non-Discriminatory Termination Under ADEA

Hazelnut Crème Coffee Labeling Deception: Dumont v. Reily Foods Co. Analysis

Procedural Due Process in University Disciplinary Proceedings: Insights from Haidak v. University of Massachusetts-Amherst

Affirmation of Conviction in UNITED STATES v. WILLIAM GAUDET: Standards for Sufficiency of Evidence and Sentencing Enhancements

Injunctive Relief Only: Title V Retaliation Claims under ADA Title III – G. v. The Fay School, Inc.

Reevaluating Persecution Standards in Immigration Law: Rodríguez-Villar v. Barr

Enhancing Judicial Authority in Compassionate Release: Insights from United States v. Fox under the First Step Act

Judicial Immunity Upholds Protection of Judicial Actions in Protective Orders