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  • Commentaries
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1st Circuit Case Commentaries

Affirmation of Probable Cause and Admissibility of Prior Convictions in United States v. Paul Hicks

Affirmation of Probable Cause and Admissibility of Prior Convictions in United States v. Paul Hicks

Date: Aug 12, 2009
Affirmation of Probable Cause and Admissibility of Prior Convictions in United States v. Paul Hicks Introduction In United States v. Paul Hicks, the United States Court of Appeals for the First...
Sensing v. Outback Steakhouse: Reinforcing Disability Discrimination Protections under Massachusetts Law

Sensing v. Outback Steakhouse: Reinforcing Disability Discrimination Protections under Massachusetts Law

Date: Aug 12, 2009
Sensing v. Outback Steakhouse: Reinforcing Disability Discrimination Protections under Massachusetts Law Introduction In the landmark case Suzanna Sensing v. Outback Steakhouse of Florida, LLC and...
Affirmation of the Sophisticated User Defense in Taylor v. American Chemistry Council

Affirmation of the Sophisticated User Defense in Taylor v. American Chemistry Council

Date: Aug 4, 2009
Affirmation of the Sophisticated User Defense in Taylor v. American Chemistry Council Introduction Taylor v. American Chemistry Council is a seminal case decided by the United States Court of Appeals...
Enforceability of Forum Selection Clauses in Medical Consent Forms Affirmed in Rivera v. HIMA

Enforceability of Forum Selection Clauses in Medical Consent Forms Affirmed in Rivera v. HIMA

Date: Aug 1, 2009
Enforceability of Forum Selection Clauses in Medical Consent Forms Affirmed in Rivera v. HIMA Introduction In the landmark case of Florentino Rivera, Carmen De León Rivera v. Centro Médico de Turabo,...
Prosecutorial Misconduct Necessitates New Trial in First Circuit: Analysis of U.S. v. Ayala-García and Alicea-Cotto

Prosecutorial Misconduct Necessitates New Trial in First Circuit: Analysis of U.S. v. Ayala-García and Alicea-Cotto

Date: Jul 25, 2009
Prosecutorial Misconduct Necessitates New Trial in First Circuit: Analysis of U.S. v. Ayala-García and Alicea-Cotto Introduction In the landmark case United States of America v. Cristian Ayala-García...
Establishing Boundaries for Evidentiary Hearings in Suppression Motions: United States v. Darrell D. Allen

Establishing Boundaries for Evidentiary Hearings in Suppression Motions: United States v. Darrell D. Allen

Date: Jul 23, 2009
Establishing Boundaries for Evidentiary Hearings in Suppression Motions: United States v. Darrell D. Allen Introduction In the case of United States v. Darrell D. Allen, adjudicated by the United...
Enforcement of Settlement Agreements and Fraud Implications Under Puerto Rico Law: A Comprehensive Analysis of Citibank Global Markets, Inc. v. Rodriguez Santana

Enforcement of Settlement Agreements and Fraud Implications Under Puerto Rico Law: A Comprehensive Analysis of Citibank Global Markets, Inc. v. Rodriguez Santana

Date: Jul 18, 2009
Enforcement of Settlement Agreements and Fraud Implications Under Puerto Rico Law: A Comprehensive Analysis of Citibank Global Markets, Inc. v. Rodriguez Santana Introduction The case of Citibank...
Affirmation of Claims-Made and Reported Policy Requirements in Professional Liability Insurance

Affirmation of Claims-Made and Reported Policy Requirements in Professional Liability Insurance

Date: Jul 15, 2009
Affirmation of Claims-Made and Reported Policy Requirements in Professional Liability Insurance Introduction The case of Paul A. Gargano and Gargano Associates, P.C. v. Liberty International...
Establishing Ripeness of Takings Claim and Class Certification in Puerto Rico's Compulsory Motor Vehicle Liability Insurance Act

Establishing Ripeness of Takings Claim and Class Certification in Puerto Rico's Compulsory Motor Vehicle Liability Insurance Act

Date: Jul 1, 2009
Establishing Ripeness of Takings Claim and Class Certification in Puerto Rico's Compulsory Motor Vehicle Liability Insurance Act Introduction The appellate case of Gladys García-Rubiera et al. v....
No Seventh Amendment Right to Jury Trial in Bankruptcy §542 Turnover Actions: Insights from Braunstein v. McCabe

No Seventh Amendment Right to Jury Trial in Bankruptcy §542 Turnover Actions: Insights from Braunstein v. McCabe

Date: Jun 27, 2009
No Seventh Amendment Right to Jury Trial in Bankruptcy §542 Turnover Actions: Insights from Braunstein v. McCabe Introduction The case of Joseph Braunstein, Chapter 7 Trustee of TMG Holdings, LLC and...
Improper Handling of Juror Misconduct Leads to Vacated Convictions: United States v. Bristol-Mártir et al.

Improper Handling of Juror Misconduct Leads to Vacated Convictions: United States v. Bristol-Mártir et al.

Date: Jun 27, 2009
Improper Handling of Juror Misconduct Leads to Vacated Convictions: United States v. Bristol-Mártir et al. Introduction The case of United States of America v. Samuel Bristol-Mártir and co-defendants...
Revisiting Qualified Immunity in Substantive Due Process: Insights from Maldonado v. Dually

Revisiting Qualified Immunity in Substantive Due Process: Insights from Maldonado v. Dually

Date: Jun 5, 2009
Revisiting Qualified Immunity in Substantive Due Process: Insights from Maldonado v. Dually Introduction Maldonado v. Dually, adjudicated by the United States Court of Appeals for the First Circuit...
Affirmation of the Discretionary Function Exception under the FTCA: Fothergill & Del Toro Pineiro v. United States Postal Service

Affirmation of the Discretionary Function Exception under the FTCA: Fothergill & Del Toro Pineiro v. United States Postal Service

Date: May 22, 2009
Affirmation of the Discretionary Function Exception under the FTCA Introduction In the landmark case Fothergill & Del Toro Pineiro v. United States Postal Service, decided by the United States Court...
Refinement of Personal Jurisdiction and Pleading Standards in NA Catholic Educational v. Goldman Sachs

Refinement of Personal Jurisdiction and Pleading Standards in NA Catholic Educational v. Goldman Sachs

Date: May 20, 2009
Refinement of Personal Jurisdiction and Pleading Standards in North American Catholic Educational Programming Foundation v. Goldman Sachs Group Introduction The case of North American Catholic...
Enhanced Particularity Requirements for FCA Conspiracy Claims Affirmed by First Circuit

Enhanced Particularity Requirements for FCA Conspiracy Claims Affirmed by First Circuit

Date: May 9, 2009
Enhanced Particularity Requirements for FCA Conspiracy Claims Affirmed by First Circuit Introduction In United States ex rel. Edward L. Gagne and Linda Jeneski v. City of Worcester, 565 F.3d 40 (1st...
Reaffirming the Abuse of Discretion Standard in ERISA Benefit Denial: DENMARK v. LIBERTY LIFE Assurance Co.

Reaffirming the Abuse of Discretion Standard in ERISA Benefit Denial: DENMARK v. LIBERTY LIFE Assurance Co.

Date: May 7, 2009
Reaffirming the Abuse of Discretion Standard in ERISA Benefit Denial: DENMARK v. LIBERTY LIFE Assurance Co. Introduction The case of Diane DENMARK v. LIBERTY LIFE Assurance Company of Boston, decided...
FedEx Employment Practices Reinforced: Summary Judgment Upholds Employer's Actions Against Employee Claims

FedEx Employment Practices Reinforced: Summary Judgment Upholds Employer's Actions Against Employee Claims

Date: May 5, 2009
FedEx Employment Practices Reinforced: Summary Judgment Upholds Employer's Actions Against Employee Claims Introduction The case of David MEUSER v. FEDERAL EXPRESS CORPORATION (564 F.3d 507)...
Establishing Substantial Similarity in Copyright Infringement: Coquico Inc. v. Rodríguez-Miranda

Establishing Substantial Similarity in Copyright Infringement: Coquico Inc. v. Rodríguez-Miranda

Date: Apr 7, 2009
Establishing Substantial Similarity in Copyright Infringement: Coquico Inc. v. Rodríguez-Miranda Introduction In the landmark case of Coquico, Inc. v. Rodríguez-Miranda and Identiko, Inc., the United...
Preemption of State Law Claims in Bank Receivership under HOLA and FIRREA: An Analysis of Yeomalakis v. FDIC

Preemption of State Law Claims in Bank Receivership under HOLA and FIRREA: An Analysis of Yeomalakis v. FDIC

Date: Apr 4, 2009
Preemption of State Law Claims in Bank Receivership under HOLA and FIRREA: An Analysis of Yeomalakis v. FDIC Introduction Yeomalakis v. Federal Deposit Insurance Corporation (562 F.3d 56) is a...
Sex-Based Stereotyping in Promotion Decisions: Insights from Chadwick v. WellPoint

Sex-Based Stereotyping in Promotion Decisions: Insights from Chadwick v. WellPoint

Date: Mar 27, 2009
Sex-Based Stereotyping in Promotion Decisions: Insights from Chadwick v. WellPoint Introduction The case of Laurie Chadwick v. WellPoint, Inc., decided by the United States Court of Appeals for the...
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