1st Circuit Case Commentaries

Affirmation of Complex RICO Convictions: Severance, Evidence Sufficiency, and Double Jeopardy in UNITED STATES v. DeCologero et al.

Date: Jun 24, 2008

Affirmation of Complex RICO Convictions: Severance, Evidence Sufficiency, and Double Jeopardy in UNITED STATES v. DeCologero et al. Introduction UNITED STATES of America v. Paul A. DeCologero; John...

Establishing 'Duck Tours' as a Generic Term in Trademark Law: Boston Duck Tours v. Super Duck Tours

Date: Jun 19, 2008

Establishing 'Duck Tours' as a Generic Term in Trademark Law: Boston Duck Tours v. Super Duck Tours Introduction In the landmark case BOSTON DUCK TOURS, LP v. SUPER DUCK TOURS, LLC, decided by the...

ERISA Preemption and Res Judicata: Comprehensive Analysis of Negrón-Fuentes v. UPS Decision

Date: Jun 19, 2008

ERISA Preemption and Res Judicata: Comprehensive Analysis of Negrón-Fuentes v. UPS Decision Introduction In the landmark case of I v. n NEGRÓN-FUENTES; Mildred Pérez; the Negrón-Pérez Conjugal...

Establishing Limits on Personal Jurisdiction: Prairie Eye Center v. Phillips

Date: Jun 13, 2008

Establishing Limits on Personal Jurisdiction: Prairie Eye Center v. Phillips Introduction Prairie Eye Center v. Christopher Phillips is a seminal case decided by the United States Court of Appeals...

Evaluating Reasonable Suspicion in Felon Firearm Possession: Insights from United States v. Ruidíaz Jr.

Date: Jun 13, 2008

Evaluating Reasonable Suspicion in Felon Firearm Possession: Insights from United States v. Ruidíaz Jr. Introduction In the appellate case of United States v. Florentino Ruidíaz, Jr., the United...

Comprehensive Commentary on Thomas COOK et al. v. Gates: Upholding "Don't Ask, Don't Tell" Under Constitutional Scrutiny

Date: Jun 10, 2008

Comprehensive Commentary on Thomas COOK et al. v. Gates: Upholding "Don't Ask, Don't Tell" Under Constitutional Scrutiny Introduction The case of Thomas COOK; Megan Dresch; Laura Galaburda; Jack...

Retaliation Claims Under ADA and Title IX: Insights from M.M.R.-Z. v. Puerto Rico

Date: Jun 6, 2008

Retaliation Claims Under ADA and Title IX: Insights from M.M.R.-Z. v. Puerto Rico Introduction The case M.M.R.-Z., a minor child, by and through his parents; Mario A. Ramírez-Senda et al. v....

Fast-Track Sentencing Disparity: First Circuit Abrogates Andújar-Arias in Light of Kimbrough

Date: Jun 5, 2008

Fast-Track Sentencing Disparity: First Circuit Abrogates Andújar-Arias in Light of Kimbrough Introduction The case United States of America v. Yonathan Rodríguez, 527 F.3d 221 (1st Cir. 2008), marks...

Establishing Legal Precedents in Asylum Claims: Restrepo Ruiz v. Mukasey

Date: May 22, 2008

Establishing Legal Precedents in Asylum Claims: Restrepo Ruiz v. Mukasey Introduction The case of Claudia Cecilia Restrepo Ruiz et al. v. Michael B. Mukasey, Attorney General (526 F.3d 31)...

Enforcement of Exculpatory Clauses and Statute of Limitations in UCC Warranty Claims: TRANS-SPEC Truck Service, Inc. v. Caterpillar, Inc.

Date: May 1, 2008

Enforcement of Exculpatory Clauses and Statute of Limitations in UCC Warranty Claims: TRANS-SPEC Truck Service, Inc. v. Caterpillar, Inc. Introduction TRANS-SPEC Truck Service, Inc. v. Caterpillar,...

Relative Liability in Apportioning Attorneys' Fees: Insights from TORRES-RIVERA v. O'NEILL-CANCEL

Date: May 1, 2008

Relative Liability in Apportioning Attorneys' Fees: Insights from TORRES-RIVERA v. O'NEILL-CANCEL Introduction Torres-Rivera et al. v. O'Neill-Cancel is a significant appellate decision by the United...

Expanding Personal Jurisdiction Over Out-of-State State Officials: Insights from Hannon v. Beard and Hesse

Date: Apr 29, 2008

Expanding Personal Jurisdiction Over Out-of-State State Officials: Insights from Hannon v. Beard and Hesse Introduction The case of Francis Hannon v. Jeffrey Beard and Maryjane Hesse (524 F.3d 275)...

Affirmation of Search Warrant Validity and Balanced Admissibility of Child Pornography Evidence in Morales-Aldahondo

Date: Apr 25, 2008

Affirmation of Search Warrant Validity and Balanced Admissibility of Child Pornography Evidence in Morales-Aldahondo Introduction The case of United States of America v. Joseph Morales-Aldahondo (524...

United States v. Griffin: Jurisdictional Interpretation of Rule 35(a) and Affirmation of False Tax Return Conviction

Date: Apr 19, 2008

United States v. Griffin: Jurisdictional Interpretation of Rule 35(a) and Affirmation of False Tax Return Conviction Introduction United States of America v. Nadine J. Griffin, 524 F.3d 71 (1st Cir....

First Amendment Protections Against Political Discrimination Require Adverse Employment Actions: Morales-Tañon v. PREPA

Date: Apr 18, 2008

First Amendment Protections Against Political Discrimination Require Adverse Employment Actions: Morales-Tañon v. Puerto Rico Electric Power Authority Introduction Case: Luis Morales-Tañon,...

Miranda Waiver Enforcement in Appellate Review: United States v. Lugo Guerrero

Date: Apr 17, 2008

Miranda Waiver Enforcement in Appellate Review: United States v. Lugo Guerrero Introduction In United States of America v. Jose R. Lugo Guerrero, 524 F.3d 5 (1st Cir. 2008), the United States Court...

First Circuit Reaffirms Heightened Pleading Standards Under PSLRA in PERS v. Boston Scientific

Date: Apr 17, 2008

First Circuit Reaffirms Heightened Pleading Standards Under PSLRA in PERS v. Boston Scientific Introduction The case of Mississippi Public Employees' Retirement System (PERS) v. Boston Scientific...

AFFIRMING SUMMARY JUDGMENT IN DISCRIMINATION AND RETALIATION CLAIMS: THOMPSON V. COCA-COLA

Date: Apr 16, 2008

Affirming Summary Judgment in Discrimination and Retaliation Claims: Thompson v. Coca-Cola 1. Introduction The case of Dudley Thompson v. The Coca-Cola Company, adjudicated by the United States Court...

First Circuit Upholds Summary Judgment in FCRA §1681i Claim Due to Insufficient Evidence of Inaccuracy

Date: Apr 16, 2008

First Circuit Upholds Summary Judgment in FCRA §1681i Claim Due to Insufficient Evidence of Inaccuracy Introduction The case of Ovidio A. DeAndrade v. Trans Union LLC addresses critical issues under...

Agency Authority in Service of Process: Precedent Set by Blair v. City of Worcester

Date: Apr 9, 2008

Agency Authority in Service of Process: Precedent Set by Blair v. City of Worcester Introduction In the landmark case of Brandon S. Blair et al. v. City of Worcester et al., 522 F.3d 105 (1st Cir....

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