1st Circuit Case Commentaries

Sweeney v. United States: Clarifying the Admissibility of Rule 414(a) Evidence and Miranda Waiver in Child Pornography Cases

Date: Apr 12, 2018

Sweeney v. United States: Clarifying the Admissibility of Rule 414(a) Evidence and Miranda Waiver in Child Pornography Cases Introduction Sweeney v. United States (887 F.3d 529, 1st Cir. 2018) is a...

Purdy v. Berryhill: Reevaluation of Physician Testimony and Vocational Evidence in SSI Disability Determinations

Date: Apr 4, 2018

Purdy v. Berryhill: Reevaluation of Physician Testimony and Vocational Evidence in SSI Disability Determinations Introduction In the landmark case of Purdy v. Berryhill, the United States Court of...

Strengthening the Nexus Requirement in Asylum Claims: Insights from Sosa-Perez v. Sessions

Date: Mar 1, 2018

Strengthening the Nexus Requirement in Asylum Claims: Insights from Sosa-Perez v. Sessions Introduction Wendy Carolina Sosa-Perez and her minor children, Christhian Jassell Diaz-Sosa and Emir...

Reaffirmation of ERISA Fiduciary Duty of Loyalty and Prudence in Ellis v. Fidelity Management Trust Company

Date: Feb 22, 2018

Reaffirmation of ERISA Fiduciary Duty of Loyalty and Prudence in Ellis v. Fidelity Management Trust Company Introduction In Ellis v. Fidelity Management Trust Company, 883 F.3d 1 (1st Cir. 2018),...

Affirmation of Tampering and Obstruction of Justice: United States v. Acevedo

Date: Feb 15, 2018

Affirmation of Tampering and Obstruction of Justice: United States v. Acevedo Introduction In the landmark case of United States of America v. Federico Ducoudray Acevedo, the United States Court of...

Unclassified State Employees and Due Process Protections: The Kando Decision

Date: Jan 23, 2018

Unclassified State Employees and Due Process Protections: The Kando Decision Introduction Kando v. Rhode Island State Board of Elections (880 F.3d 53, 1st Cir. 2018) is a significant appellate...

Affirmation of Summary Judgment in Wrongful Discharge and Discrimination Claims Under Puerto Rico Law: Garcia-Garcia v. Costco Wholesale Corporation

Date: Dec 23, 2017

Affirmation of Summary Judgment in Wrongful Discharge and Discrimination Claims Under Puerto Rico Law: Garcia-Garcia v. Costco Wholesale Corporation Introduction The case of Leonal Anthony...

Affirmation of Summary Judgment in Cherkaoui v. City of Quincy: Employment Discrimination, Retaliation, and Constructive Discharge

Date: Dec 5, 2017

Affirmation of Summary Judgment in Cherkaoui v. City of Quincy: Employment Discrimination, Retaliation, and Constructive Discharge Introduction In the case of Debra Cherkaoui v. City of Quincy, the...

Unconditional Right to Intervention under 11 U.S.C. § 1109(b) in PROMESA Adversary Proceedings

Date: Sep 23, 2017

Unconditional Right to Intervention under 11 U.S.C. § 1109(b) in PROMESA Adversary Proceedings Introduction The landmark decision in In Re: The Financial Oversight and Management Board for Puerto...

Protective Sweeps and Evidence Suppression: Insights from United States v. Delgado-Pérez

Date: Aug 17, 2017

Protective Sweeps and Evidence Suppression: Insights from United States v. Delgado-Pérez Introduction United States of America v. Ramón Delgado-Pérez is a pivotal case adjudicated by the United...

Affirmation of U.S.S.G. § 3C1.2 Enhancement for Reckless Endangerment During Flight in The First Circuit – Vega-Rivera

Date: Aug 3, 2017

Affirmation of U.S.S.G. § 3C1.2 Enhancement for Reckless Endangerment During Flight in The First Circuit – Vega-Rivera Introduction In the appellate decision of United States of America v. Jesús...

United States v. Mulero-Algarín: 1st Circuit Affirms Consecutive Revocation Sentencing for Supervised Release Violation

Date: Aug 1, 2017

United States v. Mulero-Algarín: 1st Circuit Affirms Consecutive Revocation Sentencing for Supervised Release Violation Introduction The case of United States of America v. Héctor Mulero-Algarín,...

Defining Cognizable Injury Under Chapter 93A: Shaulis v. Nordstrom Sets Precedent

Date: Jul 27, 2017

Defining Cognizable Injury Under Chapter 93A: Shaulis v. Nordstrom Sets Precedent Introduction In the landmark case of Judith Shaulis v. Nordstrom, Inc. (865 F.3d 1), the United States Court of...

Morales-Morales v. Sessions: Reinforcing the High Bar for Asylum in the First Circuit

Date: May 23, 2017

Morales-Morales v. Sessions: Reinforcing the High Bar for Asylum in the First Circuit Introduction Morales-Morales v. Sessions, 857 F.3d 130 (1st Cir. 2017), is a pivotal case in United States...

Enhancing Standards for Warrantless Entry Under Exigent Circumstances: United States v. Almonte-Báez

Date: May 13, 2017

Enhancing Standards for Warrantless Entry Under Exigent Circumstances: United States v. Almonte-Báez Introduction The case of United States of America v. Ygoa Almonte-Báez (857 F.3d 27, 1st Cir....

Reaffirming the Necessity of Plausible Causal Connection in FMLA Retaliation Claims: Germanowski v. Harris

Date: Apr 13, 2017

Reaffirming the Necessity of Plausible Causal Connection in FMLA Retaliation Claims: Germanowski v. Harris Introduction In Heidi Germanowski v. Patricia Harris, the United States Court of Appeals for...

Establishing Derivative Liability Under the Trafficking Victims Protection Act: Ricchio v. McLean et al.

Date: Apr 6, 2017

Establishing Derivative Liability Under the Trafficking Victims Protection Act: Ricchio v. McLean et al. Introduction In the landmark case of Lisa Ricchio v. Clark McLean, Ashvinkumar Patel, Sima...

First Circuit Upholds BCBS's Denial of ERISA Claims in Stephanie C. v. Blue Cross Blue Shield of Massachusetts HMO Blue, Inc.

Date: Mar 25, 2017

First Circuit Upholds BCBS's Denial of ERISA Claims in Stephanie C. v. Blue Cross Blue Shield of Massachusetts HMO Blue, Inc. Introduction The case of Stephanie C., Individually and as Guardian of...

Reddy v. Foster: Upholding Standing and Ripeness Requirements in Pre-Enforcement Challenges to Buffer Zone Statutes

Date: Jan 12, 2017

Reddy v. Foster: Upholding Standing and Ripeness Requirements in Pre-Enforcement Challenges to Buffer Zone Statutes Introduction Reddy v. Foster is a pivotal case decided by the United States Court...

Enhancing Particularity Requirements under the False Claims Act: Insights from Hagerty v. Cyberonics

Date: Dec 17, 2016

Enhancing Particularity Requirements under the False Claims Act: Insights from Hagerty v. Cyberonics Introduction The case of Andrew Hagerty, ex rel. United States et al. v. Cyberonics, Inc. [844...