1st Circuit Case Commentaries

Affirmation of Lack of Personal Jurisdiction in Trademark Infringement Cases Involving Passive Websites

Date: Jan 28, 2016

Affirmation of Lack of Personal Jurisdiction in Trademark Infringement Cases Involving Passive Websites Introduction The case of A Corp. d/b/a Rooter Man v. All American Plumbing, Inc. (812 F.3d 54)...

Clarifying "Crime of Violence": First Circuit's Analysis in Soto-Rivera Case

Date: Jan 23, 2016

Clarifying "Crime of Violence": First Circuit's Analysis in Soto-Rivera Case Introduction In United States v. Anthony Soto–Rivera, 811 F.3d 53 (1st Cir. 2016), the United States Court of Appeals for...

First Circuit Clarifies Scope of Whistleblower Protections under Maine's Whistleblower Protection Act

Date: Jan 14, 2016

First Circuit Clarifies Scope of Whistleblower Protections under Maine's Whistleblower Protection Act Introduction In the pivotal case of Torrey Harrison v. Granite Bay Care, Inc. (811 F.3d 36,...

Affirmation of Dismissal for Lack of Personal Jurisdiction in International Contract Dispute

Date: Jan 14, 2016

Affirmation of Dismissal for Lack of Personal Jurisdiction in International Contract Dispute Introduction In the case of Copia Communications, LLC v. AMResorts, L.P.; Seawind Key Investments,...

Defining "Final Action" under the Telecommunications Act: Two-Stage Administrative Process Affirmed

Date: Jan 9, 2016

Defining "Final Action" under the Telecommunications Act: Two-Stage Administrative Process Affirmed Introduction The case of Global Tower Assets, LLC; Northeast Wireless Networks, LLC v. Town of...

Clarifying Batson: Age as a Race-Neutral Basis in Peremptory Challenges Confirmed by First Circuit

Date: Dec 8, 2015

Clarifying Batson: Age as a Race-Neutral Basis in Peremptory Challenges Confirmed by First Circuit Introduction The case of Dagoberto Sanchez v. Gary Roden (808 F.3d 85) adjudicated by the United...

Riva v. Ficco: Establishing Mental Illness as a Ground for Equitable Tolling under AEDPA

Date: Sep 30, 2015

Riva v. Ficco: Establishing Mental Illness as a Ground for Equitable Tolling under AEDPA Introduction James P. Riva, II, the petitioner-appellant, challenged his three-decade-old state murder...

Affirmation of Indemnification Constraints under Mass. Gen. Laws § 258, § 9: Davis v. Coakley & Patrick

Date: Sep 19, 2015

Affirmation of Indemnification Constraints under Mass. Gen. Laws § 258, § 9 Introduction In the landmark case William H. Davis v. Martha Coakley and Deval Patrick, the United States Court of Appeals...

Isolated Criminal Attacks Do Not Constitute Persecution: An Analysis of Villafranca v. Lynch

Date: Aug 6, 2015

Isolated Criminal Attacks Do Not Constitute Persecution: An Analysis of Villafranca v. Lynch Introduction Edgar Romero Villafranca v. Loretta E. Lynch, 797 F.3d 91 (1st Cir. 2015), is a pivotal case...

Affirmation of Child Pornography Convictions: Clarifying Statutory Definitions and Evidence Sufficiency

Date: Jul 21, 2015

Affirmation of Child Pornography Convictions: Clarifying Statutory Definitions and Evidence Sufficiency Introduction The case of United States v. Gerald J. Silva, decided by the United States Court...

Planadeball v. Wyndham Vacation Resorts: Affirmation of Summary Judgment in Title VII Retaliation Claim

Date: Jul 18, 2015

Planadeball v. Wyndham Vacation Resorts: Affirmation of Summary Judgment in Title VII Retaliation Claim Introduction The case of Carmen Planadeball v. Wyndham Vacation Resorts, Inc. revolves around...

Establishing Policy Existence Through Circumstantial Evidence: Cardigan Mountain School v. New Hampshire Insurance Co.

Date: May 28, 2015

Establishing Policy Existence Through Circumstantial Evidence: Cardigan Mountain School v. New Hampshire Insurance Co. Introduction The case of Cardigan Mountain School versus New Hampshire Insurance...

Scrutiny of In-Court Identifications Under the Biggers Test: Insights from United States v. Correa–Osorio & Shepard–Fraser

Date: Apr 23, 2015

Scrutiny of In-Court Identifications Under the Biggers Test: Insights from United States v. Correa–Osorio & Shepard–Fraser Introduction In the landmark case United States v. Correa–Osorio &...

Enforcement of Appeal Waivers in C-Type Plea Agreements: United States v. Arroyo–Blas

Date: Apr 16, 2015

Enforcement of Appeal Waivers in C-Type Plea Agreements: United States v. Arroyo–Blas Introduction The case of United States of America v. Miguelito Arroyo–Blas, 783 F.3d 361 (1st Cir. 2015),...

Preserving Parental Rights in Supervised Release: Insights from the Del Valle–Cruz Decision

Date: Apr 7, 2015

Preserving Parental Rights in Supervised Release: Insights from the Del Valle–Cruz Decision Introduction The case of United States of America v. Carlos Manuel Del Valle–Cruz (785 F.3d 48) adjudicated...

Establishing Pretext in Age Discrimination and Retaliation Claims: Soto–Feliciano v. Villa Cofresí Hotels, Inc.

Date: Feb 21, 2015

Establishing Pretext in Age Discrimination and Retaliation Claims: Soto–Feliciano v. Villa Cofresí Hotels, Inc. Introduction Soto–Feliciano v. Villa Cofresí Hotels, Inc., 779 F.3d 19 (1st Cir. 2015),...

Affirmation of Reasonable Supervised Release Conditions under SORNA: The Mercado Decision

Date: Feb 7, 2015

Affirmation of Reasonable Supervised Release Conditions under SORNA: The Mercado Decision Introduction The case of United States of America v. Jorge Mercado (777 F.3d 532) addresses critical issues...

Affirmation of FOIA Exemptions 4 and 5 in Direct Federal Grant Awards: New Hampshire Right to Life v. HHS

Date: Feb 5, 2015

Affirmation of FOIA Exemptions 4 and 5 in Direct Federal Grant Awards: New Hampshire Right to Life v. HHS Introduction The case of New Hampshire Right to Life v. United States Department of Health...

Class Certification in Antitrust Litigation: Balancing Injured and Uninjured Members

Date: Jan 22, 2015

Class Certification in Antitrust Litigation: Balancing Injured and Uninjured Members Introduction In the landmark case of In re Nexium Antitrust Litigation, 777 F.3d 9 (1st Cir. 2015), the United...

Affirmation of Summary Judgment in Political Discrimination Case Establishes Rigorous Standards for Proving Employer Awareness

Date: Jan 21, 2015

Affirmation of Summary Judgment in Political Discrimination Case Establishes Rigorous Standards for Proving Employer Awareness Introduction In the landmark case of Ocasio–Hernández et al. v....