1st Circuit Case Commentaries

Imposition of Supervised Release Conditions Under SORNA: The Dasilva Precedent

Date: Dec 17, 2016

Imposition of Supervised Release Conditions Under SORNA: The Dasilva Precedent Introduction In the landmark case of United States of America v. Fernando Dasilva, 844 F.3d 8 (1st Cir. 2016), the...

Strict Adherence to Procedural Rules Bars Merit-Based Review: Insights from Santos-Santos v. Torres-Centeno

Date: Nov 24, 2016

Strict Adherence to Procedural Rules Bars Merit-Based Review: Insights from Santos-Santos v. Torres-Centeno Introduction Santos-Santos v. Torres-Centeno, et al., 842 F.3d 163 (1st Cir. 2016), is a...

Strengthening the Constructive Possession Doctrine in Drug Manufacturing: United States v. Apicelli

Date: Oct 8, 2016

Strengthening the Constructive Possession Doctrine in Drug Manufacturing: United States v. Apicelli Introduction The case of United States of America v. Peter Apicelli (839 F.3d 75, 1st Cir. 2016)...

FDCA Preemption of State Consumer Protection Claims in Dietary Supplement Labeling: Kaufman v. CVS Caremark Corp.

Date: Sep 7, 2016

FDCA Preemption of State Consumer Protection Claims in Dietary Supplement Labeling: Kaufman v. CVS Caremark Corp. Introduction In the landmark case Kaufman v. CVS Caremark Corporation, decided by the...

Reaffirming Standards for Hearsay and Evidence Sufficiency in Supervised Release Revocations: United States v. Marino

Date: Aug 10, 2016

Reaffirming Standards for Hearsay and Evidence Sufficiency in Supervised Release Revocations: United States v. Marino Introduction United States of America v. Paul Marino is a pivotal case...

Affirmation of Sentencing Guidelines Application in United States v. Pérez-Figueroa

Date: Aug 10, 2016

Affirmation of Sentencing Guidelines Application in United States v. Pérez-Figueroa Introduction United States v. Eduardo Pérez-Figueroa is a pivotal case adjudicated by the United States Court of...

Enhancing Personal Jurisdiction in Franchise Agreements: Insights from Baskin–Robbins Franchising LLC v. Alpenrose Dairy, Inc.

Date: Jun 7, 2016

Enhancing Personal Jurisdiction in Franchise Agreements: Insights from Baskin–Robbins Franchising LLC v. Alpenrose Dairy, Inc. Introduction The case of Baskin–Robbins Franchising LLC v. Alpenrose...

Waiver of the Right to Testify: Jenkins v. Bergeron

Date: May 28, 2016

Waiver of the Right to Testify: Jenkins v. Bergeron Introduction Shaun Jenkins v. Karen Bergeron, Superintendent, Old Colony Correctional Center is a pivotal case adjudicated by the United States...

Affirmation of Dismissal for Lack of Standing in Genzyme Fabrazyme Litigation

Date: May 24, 2016

Affirmation of Dismissal for Lack of Standing in Genzyme Fabrazyme Litigation Introduction The case of Anita Hochendoner et al. v. Genzyme Corporation and Philip Adamo et al. v. Genzyme Corporation...

Affirmation of Summary Judgment in Consumer Protection Case: Walsh v. TelTech Systems, Inc.

Date: May 3, 2016

Affirmation of Summary Judgment in Consumer Protection Case: Walsh v. TelTech Systems, Inc. Introduction The case of Siobhan Walsh v. TelTech Systems, Inc. revolves around the misuse of a caller ID...

Expanding 'Want of Jurisdiction' Under 28 U.S.C. §1631: Inclusion of Personal Jurisdiction for Federal Court Transfers

Date: May 3, 2016

Expanding 'Want of Jurisdiction' Under 28 U.S.C. §1631: Inclusion of Personal Jurisdiction for Federal Court Transfers Introduction The case Federal Home Loan Bank of Boston, Plaintiff, Appellant, v....

Supervisory Liability under § 1983: Insights from Guadalupe–Báez v. Pesquera et al.

Date: Apr 21, 2016

Supervisory Liability under § 1983: Insights from Guadalupe–Báez v. Pesquera et al. Introduction Guadalupe–Báez v. Pesquera et al., 819 F.3d 509 (1st Cir. 2016), is a pivotal case that revisits the...

Reinforcement of Defendant's Right to Testify: Casiano-Jiménez v. United States

Date: Mar 30, 2016

Reinforcement of Defendant's Right to Testify: Casiano-Jiménez v. United States Introduction The case of José Luis Casiano–Jiménez v. United States (817 F.3d 816) serves as a pivotal moment in...

Affirmation of Dismissal for Supervisory Liability under §1983: Saldivar v. Racine and The City of Fall River

Date: Mar 26, 2016

Affirmation of Dismissal for Supervisory Liability under §1983: Saldivar v. Racine and The City of Fall River Introduction In the case of Elba Saldivar v. Daniel Racine; The City of Fall River, the...

Reliability of Informant Tips and Booking Exceptions Under the Fourth Amendment: Analyzing United States v. Sanchez

Date: Mar 24, 2016

Reliability of Informant Tips and Booking Exceptions Under the Fourth Amendment: Analyzing United States v. Sanchez Introduction United States v. Jorge Sanchez (817 F.3d 38) is a pivotal case...

First Circuit Affirms CDA Section 230 Immunity for Backpage in Sex Trafficking Claims

Date: Mar 15, 2016

First Circuit Affirms CDA Section 230 Immunity for Backpage in Sex Trafficking Claims Introduction In the landmark case of Jane Doe No. 1 et al. v. Backpage.com, LLC et al. (817 F.3d 12), the United...

Enforcement of Bank Secrecy Act Recordkeeping: United States v. Zhong H. Chen

Date: Mar 1, 2016

Enforcement of Bank Secrecy Act Recordkeeping: United States v. Zhong H. Chen Introduction United States of America v. Zhong H. Chen, 815 F.3d 72 (1st Cir. 2016), addresses the conflict between...

Enforceability of Appellate Waivers in Supervised Release Conditions: Insights from United States v. Vélez–Luciano

Date: Feb 26, 2016

Enforceability of Appellate Waivers in Supervised Release Conditions: Insights from United States v. Vélez–Luciano Introduction The case of United States of America v. Nelson Vélez–Luciano (814 F.3d...

Revisiting Exhaustion Requirements and Statute of Limitations in Discrimination Claims: A Comprehensive Commentary on Martínez–Rivera v. Commonwealth of Puerto Rico

Date: Jan 30, 2016

Revisiting Exhaustion Requirements and Statute of Limitations in Discrimination Claims: A Comprehensive Commentary on Martínez–Rivera v. Commonwealth of Puerto Rico Introduction In the landmark case...

Criminal Contempt Classified as Class A Felony under 18 U.S.C. §3559(a): Wright v. United States, 812 F.3d 27 (1st Cir. 2016)

Date: Jan 28, 2016

Criminal Contempt Classified as Class A Felony under 18 U.S.C. §3559(a): Wright v. United States, 812 F.3d 27 (1st Cir. 2016) Introduction Wright v. United States, 812 F.3d 27 (1st Cir. 2016), is a...