1st Circuit Case Commentaries

Affirmation of Qualified Immunity in Inmate Claims of Excessive Force and Retaliation

Date: Apr 25, 2019

Affirmation of Qualified Immunity in Inmate Claims of Excessive Force and Retaliation Introduction The case of Frank Staples v. Richard Gerry, adjudicated by the United States Court of Appeals for...

Premature Notice of Appeal and Summary Judgment in Age Discrimination Case: Ramos-Santiago v. WHM Carib, LLC

Date: Mar 23, 2019

Premature Notice of Appeal and Summary Judgment in Age Discrimination Case: Ramos-Santiago v. WHM Carib, LLC Introduction The case of Víctor Ramos-Santiago, et al. v. WHM Carib, LLC, et al. (919 F.3d...

Affirming Just Cause in Employment Termination: Villeneuve v. Avon Products, Inc. Establishes Precedent under Puerto Rico Law

Date: Mar 20, 2019

Affirming Just Cause in Employment Termination: Villeneuve v. Avon Products, Inc. Establishes Precedent under Puerto Rico Law Introduction The case of María I. Villeneuve v. Avon Products, Inc., 919...

Qualified Immunity and ADA Title II in Police Taser Use: Commentary on Gray v. Cummings

Date: Feb 23, 2019

Qualified Immunity and ADA Title II in Police Taser Use: Commentary on Gray v. Cummings Introduction Gray v. Cummings, 917 F.3d 1 (2019), adjudicated by the United States Court of Appeals for the...

First Circuit Reaffirms Garcetti: Official Duty Speech Non-Protected in First Amendment Retaliation Claims

Date: Feb 9, 2019

First Circuit Reaffirms Garcetti: Official Duty Speech Non-Protected in First Amendment Retaliation Claims Introduction In the case of Mark Gilbert v. City of Chicopee, the United States Court of...

Reimbursement Obligations under Massachusetts Chapter 21E: Insights from Thomas & Betts Corp. v. New Albertson's Inc.

Date: Feb 7, 2019

Reimbursement Obligations under Massachusetts Chapter 21E: Insights from Thomas & Betts Corp. v. New Albertson's Inc. Introduction The case of Thomas & Betts Corporation v. New Albertson's, Inc.,...

First Circuit Establishes Prohibition on Sentencing Based Solely on Arrests Without Convictions in Marrero-Pérez v. United States

Date: Jan 26, 2019

First Circuit Establishes Prohibition on Sentencing Based Solely on Arrests Without Convictions in Marrero-Pérez v. United States Introduction In the case of United States of America v. Josue...

ERISA Exemption for Church Plans and the Rigorous Standard for Fraud on the Court: Insights from Torres v. Bella Vista Hospital

Date: Jan 26, 2019

ERISA Exemption for Church Plans and the Rigorous Standard for Fraud on the Court: Insights from Torres v. Bella Vista Hospital Introduction Torres v. Bella Vista Hospital is a pivotal case decided...

ADA Application: Summary Judgment Affirmed in Mancini v. City of Providence Due to Lack of Evidence of Substantial Limitation

Date: Nov 22, 2018

Mancini v. City of Providence: Reinforcing the Need for Factual Substantiation of Substantial Limitations under the ADA Introduction Mancini v. City of Providence is a pivotal case adjudicated by the...

Re Defeating Class Certification: The Asacol Antitrust Litigation Decision

Date: Oct 16, 2018

Re Defeating Class Certification: The Asacol Antitrust Litigation Decision Introduction The legal landscape of class action litigation was notably reshaped by the United States Court of Appeals for...

Affirmation of Specific Personal Jurisdiction Over Foreign Corporations Based on Interactive Online Presence and Substantial U.S. Business

Date: Sep 14, 2018

Affirmation of Specific Personal Jurisdiction Over Foreign Corporations Based on Interactive Online Presence and Substantial U.S. Business Introduction The case of Plixer International, Inc. v....

Federal Preemption of State Law Claims in Prescription Eye Drop Dispensing Regulations

Date: Aug 28, 2018

Federal Preemption of State Law Claims in Prescription Eye Drop Dispensing Regulations Introduction The case of Gustavsen et al. v. Alcon Laboratories, Inc. et al. examines whether manufacturers of...

Mandatory Exhaustion of Administrative Remedies Under SOX for Whistleblower Retaliation Claims: Newman v. Lehman Brothers Holdings Inc.

Date: Aug 21, 2018

Mandatory Exhaustion of Administrative Remedies Under SOX for Whistleblower Retaliation Claims: Newman v. Lehman Brothers Holdings Inc. Introduction Newman v. Lehman Brothers Holdings Inc. is a...

Reinforcing Protections Against Hostile Work Environments and Retaliation: Insights from Rivera-Rivera v. Medina & Medina, Inc.

Date: Aug 2, 2018

Reinforcing Protections Against Hostile Work Environments and Retaliation: Insights from Rivera-Rivera v. Medina & Medina, Inc. Introduction The case of Martina Rivera-Rivera v. Medina & Medina,...

Clarifying the 'Unwilling or Unable' Standard in Asylum Cases: Rosales Justo v. Sessions

Date: Jul 17, 2018

Clarifying the 'Unwilling or Unable' Standard in Asylum Cases: Rosales Justo v. Sessions Introduction In Rosales Justo v. Sessions, the United States Court of Appeals for the First Circuit addressed...

First Circuit Affirms Use of Child Pornography Sentencing Guidelines and Restrictive Supervised Release Conditions

Date: Jun 26, 2018

First Circuit Affirms Use of Child Pornography Sentencing Guidelines and Restrictive Supervised Release Conditions Introduction United States of America v. Noel Aquino-Florenicani is a pivotal case...

First Circuit Clarifies Standards for University Disciplinary Proceedings and Breach of Contract Claims

Date: Jun 9, 2018

First Circuit Clarifies Standards for University Disciplinary Proceedings and Breach of Contract Claims Introduction In the landmark case of John DOE, Mary Doe, and James Doe v. Trustees of Boston...

Upholding WSLA and Evidentiary Standards in Fraudulent National Guard Recruitment Case

Date: Jun 5, 2018

Upholding WSLA and Evidentiary Standards in Fraudulent National Guard Recruitment Case Introduction In the case of United States of America v. Carlos Meléndez–González et al., the United States Court...

Appellate Burden of Proof in SNAP Trafficking Cases: IROBE v. USDA

Date: May 22, 2018

Appellate Burden of Proof in SNAP Trafficking Cases: IROBE v. USDA Introduction The case Mahdi IROBE and Suuqa Bakaro Grocery v. United States Department of Agriculture, decided on May 21, 2018, by...

Affirmation of Maine-Specific Retaliation Paradigm in Whistleblower Claims

Date: May 17, 2018

Affirmation of Maine-Specific Retaliation Paradigm in Whistleblower Claims Introduction In Patricia Theriault v. Genesis Healthcare LLC (890 F.3d 342, 2018), the United States Court of Appeals for...