1st Circuit Case Commentaries

Enforceability of Arbitration Clauses Under the FAA: Insights from Dialysis Access Center, LLC v. RMS Lifeline, Inc.

Date: Mar 31, 2011

Enforceability of Arbitration Clauses Under the FAA: Insights from Dialysis Access Center, LLC v. RMS Lifeline, Inc. Introduction In the case of Dialysis Access Center, LLC; Justo González-Trápaga;...

DECOTIIS v. WHITTEMORE: Application of Garcetti to Government Contractors and Qualified Immunity

Date: Mar 25, 2011

DECOTIIS v. WHITTEMORE: Application of Garcetti to Government Contractors and Qualified Immunity Introduction DECOTIIS v. WHITTEMORE, 635 F.3d 22 (1st Cir. 2011), presents a pivotal exploration of...

Admissibility of 'Weight of the Evidence' Methodology under Daubert Standard: Insights from Milward v. Acuity Specialty Products Group, Inc.

Date: Mar 23, 2011

Admissibility of 'Weight of the Evidence' Methodology under Daubert Standard: Insights from Milward v. Acuity Specialty Products Group, Inc. Introduction The case of Brian K. Milward and Linda J....

Adherence to Anti-Harassment Policies Shields Employers from Liability: Wilson v. Moulison North

Date: Mar 22, 2011

Adherence to Anti-Harassment Policies Shields Employers from Liability: Wilson v. Moulison North Introduction WILSON v. MOULISON NORTH CORPORATION (639 F.3d 1, 1st Cir. 2011) is a pivotal case...

Summary Judgment Affirmed: Insured Must Provide Probative Evidence of Covered Loss

Date: Mar 12, 2011

Summary Judgment Affirmed: Insured Must Provide Probative Evidence of Covered Loss Introduction In Tropigas de Puerto Rico, Inc. v. Certain Underwriters at Lloyd's of London, 637 F.3d 53 (1st Cir....

Equitable Tolling Applied to 28 U.S.C. § 2255(f): Ramos-Martinez v. United States Analysis

Date: Mar 8, 2011

Equitable Tolling Applied to 28 U.S.C. § 2255(f): Ramos-Martinez v. United States Analysis Introduction Ramos-Martinez v. United States is a pivotal case adjudicated by the United States Court of...

Enforcement of Exclusive Forum Selection Clauses in Securities Agreements: Insights from Huffington v. T.C. Group, LLC

Date: Feb 26, 2011

Enforcement of Exclusive Forum Selection Clauses in Securities Agreements: Insights from Huffington v. T.C. Group, LLC Introduction The case of Michael Huffington v. T.C. Group, LLC et al., decided...

Artuso v. Vertex Pharmaceuticals: Enforcing Employment Agreement Provisions

Date: Feb 19, 2011

Artuso v. Vertex Pharmaceuticals: Enforcing Employment Agreement Provisions Introduction Case Citation: Anthony Artuso, Plaintiff, Appellant, v. Vertex Pharmaceuticals, Inc., Defendant, Appellee. 637...

Judicial Imprimatur on Settlements: Establishing Prevailing Party Status for Fee-Shifting under ADA

Date: Feb 18, 2011

Judicial Imprimatur on Settlements: Establishing Prevailing Party Status for Fee-Shifting under ADA Introduction The case of Catherine Hutchinson, by her Guardian, Sandy Julien, et al. v. Deval L....

Affirmation of Summary Judgment Standards in Title VII Retaliation Claims: Rivera-Colón v. SBA

Date: Feb 16, 2011

Affirmation of Summary Judgment Standards in Title VII Retaliation Claims: Rivera-Colón v. SBA Introduction Ruth Rivera-Colón v. Karen G. Mills, Administrator of the Small Business Administration...

Apparent Authority in Payroll Processing Contracts: Ophthalmic Surgeons Ltd. v. Paychex, Inc.

Date: Feb 1, 2011

Apparent Authority in Payroll Processing Contracts: Ophthalmic Surgeons Ltd. v. Paychex, Inc. Introduction In the case of Ophthalmic Surgeons, Ltd. (OSL) v. Paychex, Inc., the United States Court of...

Strict Standards for Pleading Political Discrimination Under the First Amendment: Insights from Peñalbert-Rosa v. Fortuño-Burset

Date: Jan 29, 2011

Strict Standards for Pleading Political Discrimination Under the First Amendment: Insights from Peñalbert-Rosa v. Fortuño-Burset Introduction The case of Maria D. Peñalbert-Rosa et al. v. Luis G....

Binding Nature of Trial Period Plans Under HAMP: Analysis of Bosque v. Wells Fargo

Date: Jan 27, 2011

Binding Nature of Trial Period Plans Under HAMP: Analysis of Bosque v. Wells Fargo Introduction In the case of Wilfredo and Odalid Bosque et al. v. Wells Fargo Bank, N.A., decided on January 26,...

Indemnification Scope in Contractual Agreements: Farmers Insurance Exchange v. RNK Telecom

Date: Jan 22, 2011

Indemnification Scope in Contractual Agreements: Farmers Insurance Exchange v. RNK Telecom Introduction Farmers Insurance Exchange v. RNK Telecom is a landmark case adjudicated by the United States...

Refining ACCA Violent Felony Classification: The Holloway and Calvo Decision

Date: Jan 22, 2011

Refining ACCA Violent Felony Classification: The Holloway and Calvo Decision Introduction The cases of United States of America v. Curtis Holloway and United States of America v. Ricardo Calvo, Jr....

Affirmed Standing Requirements in Securities Class Actions

Date: Jan 21, 2011

Affirmed Standing Requirements in Securities Class Actions Introduction In the landmark case of PLUMBERS' UNION LOCAL NO. 12 PENSION FUND, et al. v. NOMURA ASSET ACCEPTANCE CORPORATION, et al.,...

Exclusion of Expert Testimony in Civil Litigation: A Comprehensive Analysis of Y v. tte DOWNEY et al., 633 F.3d 1 (1st Cir. 2011)

Date: Jan 15, 2011

Exclusion of Expert Testimony in Civil Litigation: A Comprehensive Analysis of Y v. tte DOWNEY et al., 633 F.3d 1 (1st Cir. 2011) Introduction The case of Y v. tte DOWNEY et al. addresses critical...

Limitations on Disability Harassment Claims Against Non-Employers and Qualified Immunity in First Amendment Retaliation Claims

Date: Jan 15, 2011

Limitations on Disability Harassment Claims Against Non-Employers and Qualified Immunity in First Amendment Retaliation Claims Introduction In the case of Gordon Barton v. Edward J. Clancy, Jr.,...

First Circuit Affirms Applicability of Maine's Anti-SLAPP Statute in Federal Courts

Date: Dec 23, 2010

First Circuit Affirms Applicability of Maine's Anti-SLAPP Statute in Federal Courts Introduction In the landmark case of Pat Godin v. Patty Schencks, the United States Court of Appeals for the First...

Abuse of Discretion in Awarding Attorney's Fees and Sanctions: Insights from Lamboy-Ortiz v. Ortiz-Vélez

Date: Dec 18, 2010

Abuse of Discretion in Awarding Attorney's Fees and Sanctions: Insights from Lamboy-Ortiz v. Ortiz-Vélez Introduction Lamboy-Ortiz v. Ortiz-Vélez, 630 F.3d 228 (1st Cir. 2010), presents a significant...

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