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  • Commentaries
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1st Circuit Case Commentaries

D.B. v. Esposito: Affirmation of IEP Adequacy Under IDEA and Limits on Discrimination Claims

D.B. v. Esposito: Affirmation of IEP Adequacy Under IDEA and Limits on Discrimination Claims

Date: Mar 24, 2012
Affirmation of IEP Adequacy Under IDEA and Limits on Discrimination Claims in D.B. v. Esposito Introduction In the landmark case D.B., a minor, by his next friend and mother ELIZABETH B., Elizabeth...
Ensuring Procedural Compliance in Summary Judgment Motions: An Analysis of Markel American Insurance Co. v. Díaz–Santiago

Ensuring Procedural Compliance in Summary Judgment Motions: An Analysis of Markel American Insurance Co. v. Díaz–Santiago

Date: Mar 17, 2012
Ensuring Procedural Compliance in Summary Judgment Motions: An Analysis of Markel American Insurance Co. v. Díaz–Santiago Introduction The case of Markel American Insurance Company v. Michael...
Affirming the Mt. Healthy Defense in Political Discrimination Claims: Soto-Padró v. Public Buildings Authority

Affirming the Mt. Healthy Defense in Political Discrimination Claims: Soto-Padró v. Public Buildings Authority

Date: Mar 13, 2012
Affirming the Mt. Healthy Defense in Political Discrimination Claims: Soto-Padró v. Public Buildings Authority Introduction In the case of Neftalí Soto–Padró v. Public Buildings Authority, the United...
Reasonable Accommodation and Retaliation Standards Under Title VII: Analysis of Sánchez–Rodríguez v. AT&T Mobility Puerto Rico

Reasonable Accommodation and Retaliation Standards Under Title VII: Analysis of Sánchez–Rodríguez v. AT&T Mobility Puerto Rico

Date: Mar 9, 2012
Reasonable Accommodation and Retaliation Standards Under Title VII: Analysis of Sánchez–Rodríguez v. AT&T Mobility Puerto Rico Introduction The case of Miguel Sánchez–Rodríguez v. AT&T Mobility...
Reaffirming Precedents in Premises Liability: Mode of Operation in Self-Service Supermarkets – Gomez v. Stop & Shop

Reaffirming Precedents in Premises Liability: Mode of Operation in Self-Service Supermarkets – Gomez v. Stop & Shop

Date: Mar 3, 2012
Reaffirming Precedents in Premises Liability: Mode of Operation in Self-Service Supermarkets – Gomez v. Stop & Shop Introduction In Armando Gomez v. Stop & Shop Supermarket Co., the United States...
Limits on Article III Standing in Data Privacy Litigation: Katz v. Pershing, LLC

Limits on Article III Standing in Data Privacy Litigation: Katz v. Pershing, LLC

Date: Feb 29, 2012
Limits on Article III Standing in Data Privacy Litigation: Katz v. Pershing, LLC Introduction In Katz v. Pershing, LLC, 672 F.3d 64 (1st Cir. 2012), the United States Court of Appeals for the First...
Application of Actual Malice Standard in Political Defamation Cases: An Analysis of SCHATZ v. REPUBLICAN STATE LEADERSHIP COMMITTEE

Application of Actual Malice Standard in Political Defamation Cases: An Analysis of SCHATZ v. REPUBLICAN STATE LEADERSHIP COMMITTEE

Date: Feb 11, 2012
Application of Actual Malice Standard in Political Defamation Cases: An Analysis of SCHATZ v. REPUBLICAN STATE LEADERSHIP COMMITTEE Introduction SCHATZ v. REPUBLICAN STATE LEADERSHIP COMMITTEE is a...
Delgado v. Pawtucket Police Department: Upholding Supplemental Jurisdiction and Evidentiary Standards in Police Pursuit Litigation

Delgado v. Pawtucket Police Department: Upholding Supplemental Jurisdiction and Evidentiary Standards in Police Pursuit Litigation

Date: Feb 10, 2012
Delgado v. Pawtucket Police Department: Upholding Supplemental Jurisdiction and Evidentiary Standards in Police Pursuit Litigation Introduction The case of Delgado v. Pawtucket Police Department (668...
First Circuit Establishes Burden-Shifting Framework for False Claims Act Retaliation Claims in Harrington v. Aggregate Industries

First Circuit Establishes Burden-Shifting Framework for False Claims Act Retaliation Claims in Harrington v. Aggregate Industries

Date: Feb 8, 2012
First Circuit Establishes Burden-Shifting Framework for False Claims Act Retaliation Claims in Harrington v. Aggregate Industries Introduction In Harrington v. Aggregate Industries–Northeast Region,...
Limits on Social Group Qualification in Asylum Claims: De Carvalho–Frois v. Holder

Limits on Social Group Qualification in Asylum Claims: De Carvalho–Frois v. Holder

Date: Jan 27, 2012
Limits on Social Group Qualification in Asylum Claims: De Carvalho–Frois v. Holder Introduction Erika de Carvalho–Frois et al., Petitioners, challenged the denial of their asylum applications by the...
Effective Assistance of Counsel in Plea Agreements: Insights from Moreno–Espada v. United States

Effective Assistance of Counsel in Plea Agreements: Insights from Moreno–Espada v. United States

Date: Jan 20, 2012
Effective Assistance of Counsel in Plea Agreements: Insights from Moreno–Espada v. United States Introduction Moreno–Espada v. United States, 666 F.3d 60 (1st Cir. 2012), addresses critical issues...
Preemption of Puerto Rico's Buy American Statutes and Dormant Foreign Commerce Clause: A Comprehensive Analysis of Antilles Cement Corp. v. Fortuño

Preemption of Puerto Rico's Buy American Statutes and Dormant Foreign Commerce Clause: A Comprehensive Analysis of Antilles Cement Corp. v. Fortuño

Date: Jan 18, 2012
Preemption of Puerto Rico's Buy American Statutes and Dormant Foreign Commerce Clause: A Comprehensive Analysis of Antilles Cement Corp. v. Fortuño Introduction The case of Antilles Cement...
Affirmation of Hobbs Act Conviction: Indictment Sufficiency and Non-Custodial Interrogation in United States v. Guerrier

Affirmation of Hobbs Act Conviction: Indictment Sufficiency and Non-Custodial Interrogation in United States v. Guerrier

Date: Dec 23, 2011
Affirmation of Hobbs Act Conviction: Indictment Sufficiency and Non-Custodial Interrogation in United States v. Guerrier Introduction In United States of America v. Viggens Guerrier, 669 F.3d 1 (1st...
Establishing Vessel Statelessness Under the Maritime Drug Law Enforcement Act and the Confrontation Clause

Establishing Vessel Statelessness Under the Maritime Drug Law Enforcement Act and the Confrontation Clause

Date: Dec 13, 2011
Establishing Vessel Statelessness Under the Maritime Drug Law Enforcement Act and the Confrontation Clause Introduction The case of United States of America v. Javier Mitchell-Hunter (663 F.3d 45)...
First Circuit Reaffirms Strict Application of Federal Sentencing Guidelines in Child Pornography Case

First Circuit Reaffirms Strict Application of Federal Sentencing Guidelines in Child Pornography Case

Date: Dec 10, 2011
First Circuit Reaffirms Strict Application of Federal Sentencing Guidelines in Child Pornography Case Introduction In United States of America v. Shawn C. Clogston, 662 F.3d 588 (1st Cir. 2011), the...
Supervisory Liability under Section 1983: Insights from Feliciano-Hernández v. Corrections Officials

Supervisory Liability under Section 1983: Insights from Feliciano-Hernández v. Corrections Officials

Date: Dec 10, 2011
Supervisory Liability under Section 1983: Insights from Feliciano-Hernández v. Corrections Officials Introduction The case of Angel Luis Feliciano-Hernández v. Miguel A. Pereira-Castillo, et al. (663...
Defining Unlawful Seizure in Terry Stops: Comprehensive Analysis of United States v. Camacho

Defining Unlawful Seizure in Terry Stops: Comprehensive Analysis of United States v. Camacho

Date: Nov 24, 2011
Defining Unlawful Seizure in Terry Stops: Comprehensive Analysis of United States v. Camacho Introduction The case of United States of America v. Ángel Camacho (661 F.3d 718) represents a pivotal...
Affirmation of Interstate Stalking Conviction: United States v. Walker

Affirmation of Interstate Stalking Conviction: United States v. Walker

Date: Nov 24, 2011
Affirmation of Interstate Stalking Conviction: United States v. Walker Introduction United States of America v. Jeffrey Martin Walker (665 F.3d 212) is a significant appellate decision rendered by...
Jurisdictional Boundaries in Diversity Cases: Insights from D.B. Zwirn Special Opportunities Fund v. Mehrotra

Jurisdictional Boundaries in Diversity Cases: Insights from D.B. Zwirn Special Opportunities Fund v. Mehrotra

Date: Nov 19, 2011
Jurisdictional Boundaries in Diversity Cases: Insights from D.B. Zwirn Special Opportunities Fund v. Mehrotra Introduction The case of D.B. Zwirn Special Opportunities Fund, L.P., n/k/a Fortress...
Personal Jurisdiction and Agency Relationships: Carreras & Habibe-Vargas v. PMG Collins & International Sales Group

Personal Jurisdiction and Agency Relationships: Carreras & Habibe-Vargas v. PMG Collins & International Sales Group

Date: Nov 11, 2011
Personal Jurisdiction and Agency Relationships: Carreras & Habibe-Vargas v. PMG Collins & International Sales Group Introduction In the landmark case of Carreras and Habibe-Vargas v. PMG Collins, LLC...
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