1st Circuit Case Commentaries

Timeliness in Seeking Amendments in Bankruptcy Adversary Proceedings: Insights from In re Da v. d Allen Lombardo

Date: Jun 14, 2014

Timeliness in Seeking Amendments in Bankruptcy Adversary Proceedings: Insights from In re Da v. d Allen Lombardo Introduction The case of In re Da v. d Allen Lombardo, adjudicated by the United...

Distinguishing Guideline Departures from Variances: Insights from United States v. Aponte–Vellón

Date: Jun 14, 2014

Distinguishing Guideline Departures from Variances: Insights from United States v. Aponte–Vellón Introduction United States v. Cándido Obed Aponte–Vellón, 754 F.3d 89 (1st Cir. 2014), is a pivotal...

Subcellular Change Mandated for Medical Monitoring Claims: An Analysis of Genereux v. Raytheon Co.

Date: Jun 11, 2014

Subcellular Change Mandated for Medical Monitoring Claims: An Analysis of Genereux v. Raytheon Co. Introduction In the landmark case of Barry Genereux et al. v. Raytheon Company (754 F.3d 51, 1st...

Promoting Fairness: 1st Circuit's Decision in Ahmed v. Johnson Establishes New Precedents in Employment Discrimination Law

Date: May 22, 2014

Promoting Fairness: 1st Circuit's Decision in Ahmed v. Johnson Establishes New Precedents in Employment Discrimination Law Introduction The landmark appellate decision in Tahar Ahmed v. Jeh Charles...

Establishing Effective Prohibition under the Telecommunications Act: Green Mountain Realty Corp. v. Milton Board of Appeals

Date: Apr 24, 2014

Establishing Effective Prohibition under the Telecommunications Act: Green Mountain Realty Corp. v. Milton Board of Appeals Introduction Green Mountain Realty Corp. (“GMR”) v. Milton Board of Appeals...

Strict Adherence to ADA Filing Deadlines Affirmed in Rivera–Díaz v. Humana Health Plans

Date: Apr 12, 2014

Strict Adherence to ADA Filing Deadlines Affirmed in Rivera–Díaz v. Humana Health Plans Introduction Rivera–Díaz v. Humana Health Plans, Inc. is a pivotal case adjudicated by the United States Court...

Affirmation of Counterfeiting Conviction: Legal Precedents and Implications

Date: Apr 5, 2014

Affirmation of Counterfeiting Conviction: Legal Precedents and Implications Introduction The case of United States of America v. Anthony E. Almeida III ([748 F.3d...

Puerto Rico Dairy Farmers Association v. Suiza Dairy Inc.: Upholding Intervenor Rights in Regulatory Settlements

Date: Apr 4, 2014

Puerto Rico Dairy Farmers Association v. Suiza Dairy Inc.: Upholding Intervenor Rights in Regulatory Settlements Introduction The case of Puerto Rico Dairy Farmers Association (PRDFA) v. Suiza Dairy,...

Proper Application of Pleading Standards in Title VII Retaliation Claims: Insights from Garayalde–Rijos v. Municipality of Carolina

Date: Mar 29, 2014

Proper Application of Pleading Standards in Title VII Retaliation Claims: Insights from Garayalde–Rijos v. Municipality of Carolina Introduction In the landmark case of Garayalde–Rijos v....

Reinterpretation of "Crime of Violence" Under 18 U.S.C. § 16: United States v. Fish

Date: Feb 27, 2014

Reinterpretation of "Crime of Violence" Under 18 U.S.C. § 16: United States v. Fish Introduction In the landmark case United States of America v. David Fish, the United States Court of Appeals for...

Unlawful Retaliation Under Title VII: Insights from Rodriguez–Vives v. Puerto Rico Firefighters Corps

Date: Feb 19, 2014

Unlawful Retaliation Under Title VII: Insights from Rodriguez–Vives v. Puerto Rico Firefighters Corps Introduction In Rodriguez–Vives v. Puerto Rico Firefighters Corps, decided on February 18, 2014,...

Narrow Scope of Standing in Mortgage Assignment Challenges Confirmed: Wilson v. HSBC

Date: Feb 15, 2014

Narrow Scope of Standing in Mortgage Assignment Challenges Confirmed: Wilson v. HSBC Introduction In Timothy A. Wilson and Carrie E. Wilson v. HSBC Mortgage Services, Inc., 744 F.3d 1 (1st Cir....

Establishing But-For Causation in Retaliation Claims: Ponte v. Steelcase Inc.

Date: Feb 1, 2014

Establishing But-For Causation in Retaliation Claims: Ponte v. Steelcase Inc. Introduction Ponte v. Steelcase Inc. (741 F.3d 310), adjudicated by the United States Court of Appeals for the First...

Affirmation of Summary Judgment in Pierce v. Cotuit Fire District: Implications for Retaliation Claims

Date: Jan 29, 2014

Affirmation of Summary Judgment in Pierce v. Cotuit Fire District: Implications for Retaliation Claims Introduction In Pierce v. Cotuit Fire District, 741 F.3d 295 (1st Cir. 2014), former Captain...

Affirmation of Summary Judgment in Employment Discrimination and Retaliation Claims: Pina v. The Children's Place

Date: Jan 28, 2014

Affirmation of Summary Judgment in Employment Discrimination and Retaliation Claims: Pina v. The Children's Place Introduction In the case of Jamilya Pina v. The Children's Place Retail Stores, Inc.,...

Duty of Care in Landowner Negligence: Cracchiolo v. Eastern Fisheries

Date: Jan 16, 2014

Duty of Care in Landowner Negligence: Cracchiolo v. Eastern Fisheries Introduction The case of Carla Cracchiolo v. Eastern Fisheries, Inc. involves a tragic incident where Giuseppe Cracchiolo, a...

Affirming Convictions for Payroll Tax Conspiracy and IRS Obstruction: A Detailed Analysis of UNITED STATES v. FLOYD and Dion

Date: Jan 8, 2014

Affirming Convictions for Payroll Tax Conspiracy and IRS Obstruction: A Detailed Analysis of UNITED STATES v. FLOYD and Dion Introduction In the appellate case of United States v. Catherine Floyd and...

MacKenzie v. Flagstar Bank: First Circuit Establishes Limits on Third-Party Beneficiary Claims and Implied Covenant of Good Faith in HAMP Foreclosure

Date: Dec 31, 2013

MacKenzie v. Flagstar Bank: First Circuit Establishes Limits on Third-Party Beneficiary Claims and Implied Covenant of Good Faith in HAMP Foreclosure Introduction MacKenzie v. Flagstar Bank, FSB, 738...

Enhanced Particularity Requirements for False Claims Act Allegations: United States ex rel. Helen Ge, M.D. v. Takeda Pharmaceuticals

Date: Dec 7, 2013

Enhanced Particularity Requirements for False Claims Act Allegations: United States ex rel. Helen Ge, M.D. v. Takeda Pharmaceuticals Introduction The case of United States ex rel. Helen Ge, M.D.,...

Application of the Plausibility Standard in FTCA Premises Liability Claims: García–Catalán v. United States

Date: Nov 5, 2013

Application of the Plausibility Standard in FTCA Premises Liability Claims: García–Catalán v. United States Introduction The case of Itzel García–Catalán v. United States (734 F.3d 100) represents a...