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  • Commentaries
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1st Circuit Case Commentaries

Clarifying the Exhaustion Requirement for Habeas Petitions under AEDPA: CLEMENTS v. MALONEY

Clarifying the Exhaustion Requirement for Habeas Petitions under AEDPA: CLEMENTS v. MALONEY

Date: May 1, 2007
Clarifying the Exhaustion Requirement for Habeas Petitions under AEDPA: CLEMENTS v. MALONEY Introduction The case of Jason Clements, Petitioner, Appellant, v. Michael T. Maloney, Respondent, Appellee...
Reinforcing the High Standard for Deliberate Indifference: First Circuit's Ruling in Ruiz-Rosa v. Rullán

Reinforcing the High Standard for Deliberate Indifference: First Circuit's Ruling in Ruiz-Rosa v. Rullán

Date: Apr 25, 2007
Reinforcing the High Standard for Deliberate Indifference: First Circuit's Ruling in Ruiz-Rosa v. Rullán Introduction In the case of Angelina Ruiz-Rosa v. Johnny Rullán, the United States Court of...
First Circuit Establishes Immunity Protections for State Officials in Takings Claims: Flores Galarza v. JUA

First Circuit Establishes Immunity Protections for State Officials in Takings Claims: Flores Galarza v. JUA

Date: Apr 19, 2007
First Circuit Establishes Immunity Protections for State Officials in Takings Claims: Flores Galarza v. JUA Introduction The case of ASOCIACION DE SUBSCRIPCION CONJUNTA DEL SEGURO DE RESPONSABILIDAD...
Freadman v. Metropolitan Property and Casualty Insurance Company: Affirmation of Summary Judgment in ADA Discrimination Claim

Freadman v. Metropolitan Property and Casualty Insurance Company: Affirmation of Summary Judgment in ADA Discrimination Claim

Date: Apr 19, 2007
Freadman v. Metropolitan Property and Casualty Insurance Company: Affirmation of Summary Judgment in ADA Discrimination Claim Introduction In the landmark case of Michele R. Freadman v. Metropolitan...
Owens v. United States: Affirming Counsel's Duty to Advise on Testimony Rights and Upholding the Right to a Public Trial

Owens v. United States: Affirming Counsel's Duty to Advise on Testimony Rights and Upholding the Right to a Public Trial

Date: Apr 13, 2007
Owens v. United States: Affirming Counsel's Duty to Advise on Testimony Rights and Upholding the Right to a Public Trial Introduction Owens v. United States, 483 F.3d 48 (1st Cir. 2007), is a pivotal...
RLUIPA and the Limits of Inmate Religious Activities: Insights from Spratt v. Rhode Island Department of Corrections

RLUIPA and the Limits of Inmate Religious Activities: Insights from Spratt v. Rhode Island Department of Corrections

Date: Apr 7, 2007
RLUIPA and the Limits of Inmate Religious Activities: Insights from Spratt v. Rhode Island Department of Corrections Introduction Spratt v. Rhode Island Department of Corrections, 482 F.3d 33 (1st...
First Circuit Affirms Dismissal of Claims Due to Insufficient Pleading on COI Rate Increases in FPAL Policies

First Circuit Affirms Dismissal of Claims Due to Insufficient Pleading on COI Rate Increases in FPAL Policies

Date: Mar 24, 2007
SunAmerica Life Assurance Company’s COI Rate Increases: First Circuit Upholds Dismissal of Breach of Contract and Unfair Practice Claims Introduction In the case of Nancy Brooks, Trustee of the...
Limitations on Ancillary Jurisdiction for Expungement Motions: United States v. Coloian

Limitations on Ancillary Jurisdiction for Expungement Motions: United States v. Coloian

Date: Mar 21, 2007
Limitations on Ancillary Jurisdiction for Expungement Motions: United States v. Coloian Introduction United States of America v. Artin H. Coloian, 480 F.3d 47 (1st Cir. 2007), is a pivotal case...
Equitable Tolling Not Applicable for Attorney’s Error in Federal Habeas Petitions under AEDPA: An Analysis of Trapp v. Spencer

Equitable Tolling Not Applicable for Attorney’s Error in Federal Habeas Petitions under AEDPA: An Analysis of Trapp v. Spencer

Date: Mar 2, 2007
Equitable Tolling Not Applicable for Attorney’s Error in Federal Habeas Petitions under AEDPA: An Analysis of Trapp v. Spencer Introduction Trapp v. Spencer, 479 F.3d 53 (1st Cir. 2007), is a pivotal...
Broad Immunity under CDA Section 230 Upheld in Universal Communication Systems, Inc. v. Lycos, Inc.

Broad Immunity under CDA Section 230 Upheld in Universal Communication Systems, Inc. v. Lycos, Inc.

Date: Feb 24, 2007
Broad Immunity under CDA Section 230 Upheld in Universal Communication Systems, Inc. v. Lycos, Inc. Introduction In the landmark case of Universal Communication Systems, Inc.; Michael J. Zwebner v....
Strengthening the Burden of Proof for Corporate Veil Piercing in Personal Jurisdiction Cases

Strengthening the Burden of Proof for Corporate Veil Piercing in Personal Jurisdiction Cases

Date: Feb 10, 2007
Strengthening the Burden of Proof for Corporate Veil Piercing in Personal Jurisdiction Cases Introduction The case of Ivis L. Negrón-Torres v. Verizon Communications, Inc. examines the complexities...
Court Affirms Preemption and Denies Private Right of Action in Airline Fee Refunds

Court Affirms Preemption and Denies Private Right of Action in Airline Fee Refunds

Date: Feb 8, 2007
Court Affirms Preemption and Denies Private Right of Action in Airline Fee Refunds 1. Introduction Court Case: Craig BUCK et al. v. AMERICAN AIRLINES, INC., et al. Court: United States Court of...
Class Action Ineligibility for Rescission Claims under TILA: McKENNA v. FIRST HORIZON HOME LOAN CORP.

Class Action Ineligibility for Rescission Claims under TILA: McKENNA v. FIRST HORIZON HOME LOAN CORP.

Date: Jan 30, 2007
Class Action Ineligibility for Rescission Claims under TILA: McKENNA v. FIRST HORIZON HOME LOAN CORP. Introduction The case of Ralph McKenna et al. v. First Horizon Home Loan Corp., decided by the...
Exhaustion of State Remedies in Mixed Habeas Corpus Petitions: Analysis of Josselyn v. Dennahy

Exhaustion of State Remedies in Mixed Habeas Corpus Petitions: Analysis of Josselyn v. Dennahy

Date: Jan 20, 2007
Exhaustion of State Remedies in Mixed Habeas Corpus Petitions: Analysis of Josselyn v. Dennahy Introduction The appellate decision in Josselyn v. Dennahy addresses significant procedural questions...
Preserving Diversity Jurisdiction Amid Nondiverse Intervention: Insights from IN RE OLYMPIC MILLS CORP.

Preserving Diversity Jurisdiction Amid Nondiverse Intervention: Insights from IN RE OLYMPIC MILLS CORP.

Date: Jan 18, 2007
Preserving Diversity Jurisdiction Amid Nondiverse Intervention: Insights from IN RE OLYMPIC MILLS CORP. 1. Introduction The case of IN RE OLYMPIC MILLS CORPoration presents a significant examination...
Revising the Burden-Shifting Framework Under USERRA: Insights from Velázquez v. Horizon Lines

Revising the Burden-Shifting Framework Under USERRA: Insights from Velázquez v. Horizon Lines

Date: Jan 5, 2007
Revising the Burden-Shifting Framework Under USERRA: Insights from Velázquez v. Horizon Lines Introduction The case of Carlos VELÁZQUEZ-GARCÍA v. HORIZON LINES OF PUERTO RICO, INC. (473 F.3d 11) was...
Establishing Claimant Prejudice in ERISA Benefit Denials Due to Plan Ambiguities and Procedural Failures

Establishing Claimant Prejudice in ERISA Benefit Denials Due to Plan Ambiguities and Procedural Failures

Date: Dec 20, 2006
Establishing Claimant Prejudice in ERISA Benefit Denials Due to Plan Ambiguities and Procedural Failures 1. Introduction The case of Paul Bard v. Boston Shipping Association; International...
Protection of Informant Privacy in FOIA Requests: Carpenter v. U.S. Dept. of Justice

Protection of Informant Privacy in FOIA Requests: Carpenter v. U.S. Dept. of Justice

Date: Dec 13, 2006
Protection of Informant Privacy in FOIA Requests: Carpenter v. United States Department of Justice Introduction In Carpenter v. United States Department of Justice, 470 F.3d 434 (1st Cir. 2006), the...
Reaffirming Summary Judgment Standards and Pleading Requirements under Section 1983 in Calvi v. Knox County

Reaffirming Summary Judgment Standards and Pleading Requirements under Section 1983 in Calvi v. Knox County

Date: Dec 12, 2006
Reaffirming Summary Judgment Standards and Pleading Requirements under Section 1983 in Calvi v. Knox County Introduction Calvi v. Knox County, 470 F.3d 422 (1st Cir. 2006), is a notable decision by...
First Circuit Establishes Express Language Requirement for Indemnity in Inter Se Litigation

First Circuit Establishes Express Language Requirement for Indemnity in Inter Se Litigation

Date: Dec 9, 2006
First Circuit Establishes Express Language Requirement for Indemnity in Inter Se Litigation Introduction In the landmark case of Caldwell Tanks, Inc. v. Haley Ward, Inc. (471 F.3d 210, 1st Cir....
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