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1st Circuit Case Commentaries

Excessive Force and Qualified Immunity: Analysis of Parker v. Gerrish

Excessive Force and Qualified Immunity: Analysis of Parker v. Gerrish

Date: Nov 6, 2008
Excessive Force and Qualified Immunity: Analysis of Parker v. Gerrish (547 F.3d 1) Introduction Parker v. Gerrish is a significant appellate decision from the United States Court of Appeals for the...
Material Misrepresentation in Title Insurance: Enhancing Duty of Disclosure – Commonwealth Land Title Insurance Co. v. IDC Properties, Inc.

Material Misrepresentation in Title Insurance: Enhancing Duty of Disclosure – Commonwealth Land Title Insurance Co. v. IDC Properties, Inc.

Date: Nov 6, 2008
Material Misrepresentation in Title Insurance: Enhancing Duty of Disclosure – Commonwealth Land Title Insurance Co. v. IDC Properties, Inc. Introduction Commonwealth Land Title Insurance Co.,...
Establishing Boundaries on Deceptive Interrogation Tactics in False Statement Prosecutions: United States v. Boskic

Establishing Boundaries on Deceptive Interrogation Tactics in False Statement Prosecutions: United States v. Boskic

Date: Oct 23, 2008
Establishing Boundaries on Deceptive Interrogation Tactics in False Statement Prosecutions: United States v. Boskic Introduction United States v. Boskic (545 F.3d 69, 1st Cir. 2008) addresses...
Modification of Fee Awards under CAFRA in Forfeiture Cases: The FLASH II Precedent

Modification of Fee Awards under CAFRA in Forfeiture Cases: The FLASH II Precedent

Date: Oct 21, 2008
Modification of Fee Awards under CAFRA in Forfeiture Cases: The FLASH II Precedent Introduction The case of United States of America v. One Star Class Sloop Sailboat Built in 1930 with Hull Number...
Summary Judgment Affirmed in SEC v. Ficken: Establishing Precedents on Scienter and Market Timing Violations

Summary Judgment Affirmed in SEC v. Ficken: Establishing Precedents on Scienter and Market Timing Violations

Date: Oct 21, 2008
Summary Judgment Affirmed in SEC v. Ficken: Establishing Precedents on Scienter and Market Timing Violations Introduction The case SEC v. Justin F. Ficken (546 F.3d 45) adjudicated by the United...
Affirmation of In Pari Delicto Defense in Bankruptcy-Related Claims: High Voltage Engineering Liquidating Trust v. Evercore Restructuring L.L.C.

Affirmation of In Pari Delicto Defense in Bankruptcy-Related Claims: High Voltage Engineering Liquidating Trust v. Evercore Restructuring L.L.C.

Date: Oct 7, 2008
Affirmation of In Pari Delicto Defense in Bankruptcy-Related Claims: High Voltage Engineering Liquidating Trust v. Evercore Restructuring L.L.C. Introduction The case of Stephen S. Gray, Trustee of...
Failure to Accommodate Disabilities: Enica v. Department of Veterans Affairs Establishes Critical Precedent

Failure to Accommodate Disabilities: Enica v. Department of Veterans Affairs Establishes Critical Precedent

Date: Oct 7, 2008
Failure to Accommodate Disabilities: Enica v. Department of Veterans Affairs Establishes Critical Precedent Introduction In the landmark case of Lucia Enica v. Department of Veterans Affairs, the...
Enforcing English Language Compliance and Rooker-Feldman Application in Federal Appeals: Rosario-Rodríguez v. Dalmaú

Enforcing English Language Compliance and Rooker-Feldman Application in Federal Appeals: Rosario-Rodríguez v. Dalmaú

Date: Oct 7, 2008
Enforcing English Language Compliance and Rooker-Feldman Application in Federal Appeals: Rosario-Rodríguez v. Dalmaú Introduction The case Puerto Ricans for Puerto Rico Party; Nelson...
Central Reason Requirement under REAL ID Act Affirmed in Bagh Singh v. Mukasey

Central Reason Requirement under REAL ID Act Affirmed in Bagh Singh v. Mukasey

Date: Sep 26, 2008
Central Reason Requirement under REAL ID Act Affirmed in Bagh Singh v. Mukasey Introduction Bagh Singh v. Michael B. Mukasey, Attorney General, 543 F.3d 1 (1st Cir. 2008) is a pivotal case in United...
Authority and Probable Cause on Tribal Lands: Insights from Thomas v. Rhode Island

Authority and Probable Cause on Tribal Lands: Insights from Thomas v. Rhode Island

Date: Sep 25, 2008
Authority and Probable Cause on Tribal Lands: Insights from Thomas v. Rhode Island Introduction In Matthew Thomas, et al. v. State of Rhode Island, et al., 542 F.3d 944 (1st Cir. 2008), seven members...
Welch v. Ciampa: Reinforcing First Amendment Protections and Municipal Liability in Political Retaliation

Welch v. Ciampa: Reinforcing First Amendment Protections and Municipal Liability in Political Retaliation

Date: Sep 24, 2008
Welch v. Ciampa: Reinforcing First Amendment Protections and Municipal Liability in Political Retaliation Introduction Welch v. Ciampa, 542 F.3d 927 (1st Cir. 2008), is a pivotal case addressing the...
Affirmation of Conviction and Remand for Resentencing in U.S. v. Lipscomb: Implications for Fourth and Sixth Amendment Protections

Affirmation of Conviction and Remand for Resentencing in U.S. v. Lipscomb: Implications for Fourth and Sixth Amendment Protections

Date: Aug 22, 2008
Affirmation of Conviction and Remand for Resentencing in U.S. v. Lipscomb: Implications for Fourth and Sixth Amendment Protections Introduction In the case of United States of America v. Anthony...
Prescott v. Boston Public Works: Strict Prima Facie Requirements Uphold Summary Judgment in Racial Discrimination Allegations

Prescott v. Boston Public Works: Strict Prima Facie Requirements Uphold Summary Judgment in Racial Discrimination Allegations

Date: Aug 21, 2008
Prescott v. Boston Public Works: Strict Prima Facie Requirements Uphold Summary Judgment in Racial Discrimination Allegations Introduction Fitzroy Prescott v. David Higgins, Individually and in His...
Defining the Boundaries of Coram Nobis in Post-Conviction Relief: Insights from Trenkler v. United States

Defining the Boundaries of Coram Nobis in Post-Conviction Relief: Insights from Trenkler v. United States

Date: Aug 2, 2008
Defining the Boundaries of Coram Nobis in Post-Conviction Relief: Insights from Trenkler v. United States Introduction In the landmark case Alfred W. Trenkler v. United States of America, adjudicated...
Affirming Supervisory Immunity: Insights from Pineda v. Toomey and Watts

Affirming Supervisory Immunity: Insights from Pineda v. Toomey and Watts

Date: Jul 17, 2008
Affirming Supervisory Immunity: Insights from Pineda v. Toomey and Watts 1. Introduction The case of Carlos Pineda and Alexandra Perez v. Joseph Toomey and Joseph Watts (533 F.3d 50) presents a...
Complete Preemption and State Nuisance Claims: Insights from Fayard v. Northeast Vehicle Services, LLC

Complete Preemption and State Nuisance Claims: Insights from Fayard v. Northeast Vehicle Services, LLC

Date: Jul 15, 2008
Complete Preemption and State Nuisance Claims: Insights from Fayard v. Northeast Vehicle Services, LLC Introduction The case of Leo E. Fayard and Sara K. Fayard v. Northeast Vehicle Services, LLC et...
Consent Decree Approval in CERCLA Without Federal Involvement: Insights from CITY OF BANGOR v. CITIZENS COMMUNICATIONS COmpany

Consent Decree Approval in CERCLA Without Federal Involvement: Insights from CITY OF BANGOR v. CITIZENS COMMUNICATIONS COmpany

Date: Jul 10, 2008
Consent Decree Approval in CERCLA Without Federal Involvement: Insights from CITY OF BANGOR v. CITIZENS COMMUNICATIONS COmpany Introduction The case of CITY OF BANGOR v. CITIZENS COMMUNICATIONS...
Presumption of Prejudice in Jury Note Handling: Analysis of UNITED STATES v. Ofray-Campos et al.

Presumption of Prejudice in Jury Note Handling: Analysis of UNITED STATES v. Ofray-Campos et al.

Date: Jul 8, 2008
Presumption of Prejudice in Jury Note Handling: Analysis of UNITED STATES v. Ofray-Campos et al. Introduction The case of UNITED STATES of America v. Heriberto OFRAY-CAMPOS, Pedro José Díaz-Clavell,...
Asset Purchase Agreements and Liability Shield: Insights from Rodríguez-Rivera v. SMU

Asset Purchase Agreements and Liability Shield: Insights from Rodríguez-Rivera v. SMU

Date: Jul 3, 2008
Asset Purchase Agreements and Liability Shield: Insights from Rodríguez-Rivera v. SMU Introduction The case of Omayra Rodríguez-Rivera; José Vázquez-Nieves; JVR v. Federico Trilla Regional Hospital...
Political Affiliation Discrimination Not Covered Under 42 U.S.C. §1985(3): Insights from Pérez-Sánchez v. Public Building Authority

Political Affiliation Discrimination Not Covered Under 42 U.S.C. §1985(3): Insights from Pérez-Sánchez v. Public Building Authority

Date: Jul 1, 2008
Political Affiliation Discrimination Not Covered Under 42 U.S.C. §1985(3): Insights from Pérez-Sánchez v. Public Building Authority Introduction Pérez-Sánchez v. Public Building Authority is a...
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