1st Circuit Case Commentaries

MacKenzie v. Flagstar Bank: First Circuit Establishes Limits on Third-Party Beneficiary Claims and Implied Covenant of Good Faith in HAMP Foreclosure

Date: Dec 31, 2013

MacKenzie v. Flagstar Bank: First Circuit Establishes Limits on Third-Party Beneficiary Claims and Implied Covenant of Good Faith in HAMP Foreclosure Introduction MacKenzie v. Flagstar Bank, FSB, 738...

Enhanced Particularity Requirements for False Claims Act Allegations: United States ex rel. Helen Ge, M.D. v. Takeda Pharmaceuticals

Date: Dec 7, 2013

Enhanced Particularity Requirements for False Claims Act Allegations: United States ex rel. Helen Ge, M.D. v. Takeda Pharmaceuticals Introduction The case of United States ex rel. Helen Ge, M.D.,...

Application of the Plausibility Standard in FTCA Premises Liability Claims: García–Catalán v. United States

Date: Nov 5, 2013

Application of the Plausibility Standard in FTCA Premises Liability Claims: García–Catalán v. United States Introduction The case of Itzel García–Catalán v. United States (734 F.3d 100) represents a...

Reaffirming the Plausibility Standard for Causation Allegations in 12(b)(6) Motions

Date: Oct 17, 2013

Reaffirming the Plausibility Standard for Causation Allegations in 12(b)(6) Motions Introduction In the case of A.G., by and through his Mother and next Friend, Sherri MADDOX, and K.S., by and...

Admissibility of Hedonic Damages and Fiduciary Duties in Real Estate Fraud: Insights from Smith v. Dasilva et al.

Date: Oct 16, 2013

Admissibility of Hedonic Damages and Fiduciary Duties in Real Estate Fraud: Insights from Smith v. Dasilva et al. Introduction The case of Robert Smith v. Maria Dasilva et al. adjudicated by the...

First Circuit Affirms Validity of MERS-Mediated Mortgage Assignments and Foreclosure Procedures

Date: Oct 10, 2013

First Circuit Affirms Validity of MERS-Mediated Mortgage Assignments and Foreclosure Procedures Introduction The case of R. Susan Woods v. Wells Fargo Bank, N.A. as Trustee for Fremont Investment &...

Affirming the Enforceability of Non-Solicitation Agreements: Corporate Technologies v. Harnett

Date: Sep 24, 2013

Affirming the Enforceability of Non-Solicitation Agreements: Corporate Technologies v. Harnett Introduction In the landmark case Corporate Technologies, Inc. v. Brian Harnett; OnX USA LLC, decided on...

One-Time Firearm Sale Constitutes Trafficking under INA: Soto–Hernandez v. Holder

Date: Aug 31, 2013

One-Time Firearm Sale Constitutes Trafficking under INA: Soto–Hernandez v. Holder Introduction Jose Demetrio Soto–Hernandez, a lawful permanent resident from the Dominican Republic, became embroiled...

First Circuit Reinforces Comprehensive Likelihood of Confusion Analysis in Trademark Coexistence Disputes

Date: Aug 29, 2013

First Circuit Reinforces Comprehensive Likelihood of Confusion Analysis in Trademark Coexistence Disputes Introduction The case of DORPAN, S.L. v. HOTEL MELIÁ, INC. (728 F.3d 55) adjudicated by the...

Establishing Employer and Individual Liability under the FLSA: Commentary on Elizabeth Manning et al. v. Boston Medical Center Corporation

Date: Aug 2, 2013

Establishing Employer and Individual Liability under the Fair Labor Standards Act: Commentary on Elizabeth Manning et al. v. Boston Medical Center Corporation Introduction The case of Elizabeth...

First Circuit's Interpretation of RLUIPA's Substantial Burden in Historic District Designation: Roman Catholic Bishop of Springfield v. City of Springfield

Date: Jul 23, 2013

First Circuit's Interpretation of RLUIPA's Substantial Burden in Historic District Designation: Roman Catholic Bishop of Springfield v. City of Springfield Introduction Case Citation: Roman Catholic...

Fourth Amendment Protections Extended to Pretrial Detention: Hernandez–Cuevas v. Taylor & Martz

Date: Jul 18, 2013

Fourth Amendment Protections Extended to Pretrial Detention: Hernandez–Cuevas v. Taylor & Martz Introduction In the landmark case of Carlos Hernandez–Cuevas v. William Taylor and Steven M. Martz,...

Enhanced Scrutiny of Asylum Claims: Insights from Sunarto Ang v. Holder

Date: Jul 11, 2013

Enhanced Scrutiny of Asylum Claims: Insights from Sunarto Ang v. Holder Introduction In the landmark case of Sunarto Ang v. Holder, the United States Court of Appeals for the First Circuit addressed...

Goldstein v. Galvin: Affirming Absolute Immunity for Dual-Role State Officials in Regulatory Enforcement

Date: Jun 11, 2013

Goldstein v. Galvin: Affirming Absolute Immunity for Dual-Role State Officials in Regulatory Enforcement Introduction Goldstein v. Galvin, 719 F.3d 16 (1st Cir. 2013), is a significant appellate...

Young v. Wells Fargo: Enforcing Timely Loan Modifications Under HAMP's Trial Period Plans

Date: May 22, 2013

Young v. Wells Fargo: Enforcing Timely Loan Modifications Under HAMP's Trial Period Plans Introduction The case of Susan K. Young v. Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan...

Warrantless Cell Phone Data Searches Exceed Fourth Amendment Limits

Date: May 18, 2013

Warrantless Cell Phone Data Searches Exceed Fourth Amendment Limits Introduction In the landmark case United States of America v. Brima Wurie, 728 F.3d 1 (1st Cir. 2013), the United States Court of...

Rule 19 Jurisdiction Affirmed in Bacardí International Limited v. V. Suárez & Co., Inc.

Date: May 9, 2013

Rule 19 Jurisdiction Affirmed in Bacardí International Limited v. V. Suárez & Co., Inc. Introduction In the landmark decision of Bacardí International Limited v. V. Suárez & Co., Inc. (719 F.3d 1,...

Establishing Knowledge of Dangerous Conditions: First Circuit Affirms Summary Judgment in FTCA Case

Date: May 4, 2013

Establishing Knowledge of Dangerous Conditions: First Circuit Affirms Summary Judgment in FTCA Case Introduction The case of José A. Nieves–Romero et al. v. United States et al., adjudicated in the...

Trust Indenture Act Clarification: Limited Jurisdiction in Non-Profit Note Issuance

Date: Apr 23, 2013

Trust Indenture Act Clarification: Limited Jurisdiction in Non-Profit Note Issuance Introduction In the case of César Calderón–Serra et al. v. Wilmington Trust Co. et al., 715 F.3d 14 (1st Cir....

Defining Legitimate Business Justifications in Age Discrimination Claims: Woodward v. Emulex Corp.

Date: Apr 19, 2013

Defining Legitimate Business Justifications in Age Discrimination Claims: Woodward v. Emulex Corp. Introduction In Woodward v. Emulex Corporation, the United States Court of Appeals for the First...

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