1st Circuit Case Commentaries

Mandated Detention Interpretations under 8 U.S.C. § 1226(c): Insights from Houng Saysana v. Brian H. Gillen

Date: Dec 23, 2009

Mandated Detention Interpretations under 8 U.S.C. § 1226(c): Insights from Houng Saysana v. Brian H. Gillen Introduction Houng Saysana v. Brian H. Gillen is a pivotal case adjudicated by the United...

Reclassification of ADA Employment Discrimination Claims under the Bankruptcy Code: Rederford v. US Airways

Date: Dec 15, 2009

Reclassification of ADA Employment Discrimination Claims under the Bankruptcy Code: Rederford v. US Airways Introduction Rederford v. US Airways, Inc., 589 F.3d 30 (1st Cir. 2009), is a pivotal case...

Affirming Sentencing Discretion and Waiver of Appeal in Federal Conspiracy Cases: USA v. Carrasco-de-Jesús

Date: Dec 12, 2009

Affirming Sentencing Discretion and Waiver of Appeal in Federal Conspiracy Cases: USA v. Carrasco-de-Jesús Introduction In the landmark case of United States of America v. Oneida Carrasco-de-Jesús,...

Affirmation of Preliminary Injunction in Milk Industry Regulation: Establishing Due Process and Equal Protection Standards

Date: Nov 24, 2009

Affirmation of Preliminary Injunction in Milk Industry Regulation: Establishing Due Process and Equal Protection Standards Introduction The case of Vaquería Tres Monjitas, Inc.; Suiza Dairy, Inc. v....

Affirmation of Abuse of Discretion Standard in Granting Motions for New Trial: JENNINGS v. JONES

Date: Nov 20, 2009

Affirmation of Abuse of Discretion Standard in Granting Motions for New Trial: JENNINGS v. JONES Introduction JENNINGS v. JONES, 587 F.3d 430 (1st Cir. 2009), is a pivotal case in the realm of civil...

Affirmation of Cy Pres Distribution in Class Action Settlement: IN RE PHARMACEUTICAL INDUSTRY AVERAGE WHOLESALE Price Litigation

Date: Nov 20, 2009

Affirmation of Cy Pres Distribution in Class Action Settlement: IN RE PHARMACEUTICAL INDUSTRY AVERAGE WHOLESALE Price Litigation Introduction The case of IN RE PHARMACEUTICAL INDUSTRY AVERAGE...

Administrative Exhaustion Limits in ADA Disability Discrimination: Insights from Thornton v. UPS

Date: Nov 13, 2009

Administrative Exhaustion Limits in ADA Disability Discrimination: Insights from Thornton v. UPS Introduction The case of Charles Thornton v. United Parcel Service, Inc. (587 F.3d 27) addresses...

Rooker-Feldman Doctrine Affirmed in Parental Rights Termination Case

Date: Nov 5, 2009

Rooker-Feldman Doctrine Affirmed in Parental Rights Termination Case Introduction The case of Janeen Miller and James Mahood v. Kristen Nichols and Brenda Harvey [586 F.3d 53] presents a significant...

Affirmation of Political Discrimination and Retaliation Claims under §1983: Limitations on Abstention Doctrines and Immunity Defenses

Date: Oct 30, 2009

Affirmation of Political Discrimination and Retaliation Claims under §1983: Limitations on Abstention Doctrines and Immunity Defenses Introduction In the case of Andrés Guillemard-Ginorio et al. v....

Federal Preemption of State Coastal Regulations in LNG Terminal Development: Weaver's Cove Energy v. CRMC

Date: Oct 27, 2009

Federal Preemption of State Coastal Regulations in LNG Terminal Development: Weaver's Cove Energy v. CRMC Introduction The case of Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources...

Affirmation of Personal Jurisdiction and Enforceability of Non-Competition Clauses in ASTRO-MED v. NIHON KOHDEN AMERICA

Date: Oct 23, 2009

Affirmation of Personal Jurisdiction and Enforceability of Non-Competition Clauses in ASTRO-MED, INC. v. NIHON KOHDEN AMERICA, INC. Introduction The case of ASTRO-MED, INC. v. NIHON KOHDEN AMERICA,...

First Circuit Vacates Summary Judgment in Age Discrimination Case: Emphasizing Pretext and Disparate Treatment under ADEA

Date: Oct 17, 2009

First Circuit Vacates Summary Judgment in Age Discrimination Case: Emphasizing Pretext and Disparate Treatment under ADEA Introduction In the case of José Vélez v. Thermo King de Puerto Rico, Inc.,...

Clarifying the 'Original Source' Exception under the False Claims Act: First Circuit's Interpretation in Duxbury v. Ortho Biotech Products

Date: Aug 13, 2009

Clarifying the 'Original Source' Exception under the False Claims Act: First Circuit's Interpretation in Duxbury v. Ortho Biotech Products Introduction In United States ex rel. Mark Eugene Duxbury...

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1st Circuit Case Commentaries

Mandated Detention Interpretations under 8 U.S.C. § 1226(c): Insights from Houng Saysana v. Brian H. Gillen

Reclassification of ADA Employment Discrimination Claims under the Bankruptcy Code: Rederford v. US Airways

Affirming Sentencing Discretion and Waiver of Appeal in Federal Conspiracy Cases: USA v. Carrasco-de-Jesús

Affirmation of Preliminary Injunction in Milk Industry Regulation: Establishing Due Process and Equal Protection Standards

Affirmation of Abuse of Discretion Standard in Granting Motions for New Trial: JENNINGS v. JONES

Affirmation of Cy Pres Distribution in Class Action Settlement: IN RE PHARMACEUTICAL INDUSTRY AVERAGE WHOLESALE Price Litigation

Administrative Exhaustion Limits in ADA Disability Discrimination: Insights from Thornton v. UPS

Rooker-Feldman Doctrine Affirmed in Parental Rights Termination Case

Affirmation of Political Discrimination and Retaliation Claims under §1983: Limitations on Abstention Doctrines and Immunity Defenses

Federal Preemption of State Coastal Regulations in LNG Terminal Development: Weaver's Cove Energy v. CRMC

Affirmation of Personal Jurisdiction and Enforceability of Non-Competition Clauses in ASTRO-MED v. NIHON KOHDEN AMERICA

First Circuit Vacates Summary Judgment in Age Discrimination Case: Emphasizing Pretext and Disparate Treatment under ADEA

Affirmation of Liability for AWP Inflation as Unfair and Deceptive under Chapter 93A

First Circuit Affirms Government Speech Doctrine in Epping Residents for Principled Government v. Epping School District

Interpreting EMTALA's Stabilization Duty: Insights from Pro v. Alvarez-Torres et al.

Reaffirmation of Juvenile Handgun Possession Restrictions Under the Second Amendment

Limone v. United States: Affirming FTCA Liability for Intentional Infliction of Emotional Distress

Statute of Limitations and Extrajudicial Claims under §1983: Insights from Santana-Castro v. Toledo-Dávila

Defining 'Newly Discovered Evidence' under Federal Rule 33: A Comprehensive Analysis of United States v. Lenz

Clarifying the 'Original Source' Exception under the False Claims Act: First Circuit's Interpretation in Duxbury v. Ortho Biotech Products