1st Circuit Case Commentaries

Jurisdictional Bar Under FIRREA for Employee Severance Claims in Bank Acquisitions

Date: Apr 4, 2013

Jurisdictional Bar Under FIRREA for Employee Severance Claims in Bank Acquisitions Introduction The case of Eladio Acosta–Ramírez et al. v. Banco Popular de Puerto Rico (712 F.3d 14) adjudicated by...

Prima Facie as Evidentiary Standard in Political Discrimination Claims: 1st Circuit Clarifies Post-Twombly and Iqbal

Date: Mar 23, 2013

Prima Facie as Evidentiary Standard in Political Discrimination Claims: 1st Circuit Clarifies Post-Twombly and Iqbal Introduction The case of Karen Rodríguez–Reyes et al. v. Carlos M....

Establishing Personal Jurisdiction Through Contractual Engagement: Analysis of Bluetarp Financial, Inc. v. Matrix Construction Co., Inc.

Date: Mar 2, 2013

Establishing Personal Jurisdiction Through Contractual Engagement: Analysis of Bluetarp Financial, Inc. v. Matrix Construction Co., Inc. Introduction Bluetarp Financial, Inc. v. Matrix Construction...

Pre-Service Defendants Cannot Remove Cases: A New Precedent Under 28 U.S.C. § 1441(b)

Date: Feb 22, 2013

Pre-Service Defendants Cannot Remove Cases: A New Precedent Under 28 U.S.C. § 1441(b) Introduction The case of Gerald Gentile, as Administrator of the Estate of Diane Gentile, Deceased, v. Biogen...

Establishing Mortgagor Standing in Mortgage Assignment Challenges: Insights from Oratai CULHANE v. AURORA LOAN SERVICES OF NEBRASKA

Date: Feb 16, 2013

Establishing Mortgagor Standing in Mortgage Assignment Challenges: Insights from Oratai CULHANE v. AURORA LOAN SERVICES OF NEBRASKA Introduction The foreclosure landscape in the United States...

1st Circuit Reverses Foreclosure Dismissal, Recognizes Plausible Claims on Assignment Timing under Section 14

Date: Feb 13, 2013

1st Circuit Reverses Foreclosure Dismissal, Recognizes Plausible Claims on Assignment Timing under Section 14 Introduction In the case of Melissa A. Juárez v. Select Portfolio Servicing, Inc. and...

Failure-to-Pay Penalty Enforcement: Shafmaster v. United States

Date: Feb 12, 2013

Failure-to-Pay Penalty Enforcement: Shafmaster v. United States Introduction Shafmaster v. United States, 707 F.3d 130 (1st Cir. 2013), is a pivotal case addressing the enforceability of...

Establishing the Threshold for Persecution in Asylum Claims: Insights from Guaman–Loja v. Holder

Date: Feb 8, 2013

Establishing the Threshold for Persecution in Asylum Claims: Insights from Guaman–Loja v. Holder Introduction Guaman–Loja v. Holder, 707 F.3d 119 (1st Cir. 2013) is a pivotal case in United States...

Kelley v. Correctional Medical Services: Enhancing Protections Against Retaliation Under ADA and MHRA

Date: Feb 7, 2013

Kelley v. Correctional Medical Services: Enhancing Protections Against Retaliation Under ADA and MHRA Introduction In Katherine Kelley v. Correctional Medical Services, Inc., the United States Court...

First Circuit Establishes Criteria for Actionable Omissions under §11: Silverstrand Investments v. AMAG Pharmaceuticals

Date: Feb 5, 2013

First Circuit Establishes Criteria for Actionable Omissions under §11: Silverstrand Investments v. AMAG Pharmaceuticals Introduction The case of Silverstrand Investments; Briarwood Investments, Inc.;...

Refusal to Release Mortgage Lien After Bankruptcy Discharge: Insights from In re Canning

Date: Feb 2, 2013

Refusal to Release Mortgage Lien After Bankruptcy Discharge: Insights from In re Canning Introduction The case of In re Ralph G. Canning, III, Megan L. Canning, f/k/a Megan L. Otis, Debtors vs....

United States v. Kravetz and Levitin: Reinforcing Public Access to Sentencing Memoranda and Letters under Common Law

Date: Jan 31, 2013

United States v. Kravetz and Levitin: Reinforcing Public Access to Sentencing Memoranda and Letters under Common Law Introduction In the case of United States of America v. Carolyn Kravetz and Boris...

Establishing Standards for Hostile Work Environment Claims under Title VII: Gerald v. University of Puerto Rico

Date: Jan 29, 2013

Establishing Standards for Hostile Work Environment Claims under Title VII: Gerald v. University of Puerto Rico Introduction The case of Melissa S. Gerald v. University of Puerto Rico; Edmundo...

Affirming Above-Guideline Sentencing Through Individualized Factor Assessment: United States v. Flores-Machicote

Date: Jan 24, 2013

Affirming Above-Guideline Sentencing Through Individualized Factor Assessment: United States v. Flores-Machicote Introduction In United States v. Flores-Machicote, the United States Court of Appeals...

Asylum Eligibility for Politically Active Police Officers: A Reassessment of Matter of Fuentes

Date: Jan 18, 2013

Asylum Eligibility for Politically Active Police Officers: A Reassessment of Matter of Fuentes Introduction The case of Ja v. d Iqbal KHATTAK; Naheed Alam Khattak; Fatima Ja (704 F.3d 197)...

Reaffirming Mootness: ACLUM v. USCCB Sets Precedent on Establishment Clause Claims Post-Contract Expiration

Date: Jan 16, 2013

Reaffirming Mootness: ACLUM v. USCCB Sets Precedent on Establishment Clause Claims Post-Contract Expiration Introduction The case of American Civil Liberties Union of Massachusetts (ACLUM) v. United...

Affirmation of Federal Sex Trafficking Convictions: Juror Conduct, Testimony Admissibility, and Sentencing Reasonableness

Date: Jan 15, 2013

Affirmation of Federal Sex Trafficking Convictions: Juror Conduct, Testimony Admissibility, and Sentencing Reasonableness Introduction In the landmark case of United States of America v. Darryl...

Refining the 'Willful Blindness' Standard in Conspiracy Charges: United States v. Burgos

Date: Dec 15, 2012

Refining the 'Willful Blindness' Standard in Conspiracy Charges: United States v. Burgos Introduction In the case of United States of America v. Carlos Burgos, the United States Court of Appeals for...

Turner v. United States: New Precedent on Timeliness of Amended Ineffective Assistance Claims

Date: Nov 14, 2012

Turner v. United States: New Precedent on Timeliness of Amended Ineffective Assistance Claims Introduction Turner v. United States, 699 F.3d 578 (1st Cir. 2012), addresses pivotal issues concerning...

Affirmation of Reasonable Suspicion and Prophylactic Measures in Terry Stops: United States v. Rabbia

Date: Nov 8, 2012

Affirmation of Reasonable Suspicion and Prophylactic Measures in Terry Stops: United States v. Rabbia Introduction In the case of United States v. Anthony Rabbia, decided by the United States Court...