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  • Commentaries
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1st Circuit Case Commentaries

Strengthened Standards for Proving Past Persecution in Asylum Cases: Alibeaj v. Gonzales

Strengthened Standards for Proving Past Persecution in Asylum Cases: Alibeaj v. Gonzales

Date: Nov 23, 2006
Strengthened Standards for Proving Past Persecution in Asylum Cases: Alibeaj v. Gonzales Introduction The case of Violeta Alibeaj v. Alberto Gonzales, Attorney General, 469 F.3d 188 (1st Cir. 2006),...
Administrative Record Rule in CDP Hearing Appeals: Murphy v. Commissioner of Internal Revenue

Administrative Record Rule in CDP Hearing Appeals: Murphy v. Commissioner of Internal Revenue

Date: Nov 21, 2006
Administrative Record Rule in CDP Hearing Appeals: Murphy v. Commissioner of Internal Revenue Introduction Murphy v. Commissioner of Internal Revenue, 469 F.3d 27 (1st Cir. 2006), is a pivotal case...
Establishing Qualified Immunity in Warrantless Entry Cases: Buchanan v. State of Maine

Establishing Qualified Immunity in Warrantless Entry Cases: Buchanan v. State of Maine

Date: Nov 17, 2006
Establishing Qualified Immunity in Warrantless Entry Cases: Buchanan v. State of Maine Introduction Buchanan v. State of Maine is a pivotal case adjudicated by the United States Court of Appeals for...
Presumed vs. Actual Prejudice in Ineffective Assistance of Counsel Claims: Insights from United States v. Theodore

Presumed vs. Actual Prejudice in Ineffective Assistance of Counsel Claims: Insights from United States v. Theodore

Date: Nov 16, 2006
Presumed vs. Actual Prejudice in Ineffective Assistance of Counsel Claims: Insights from United States v. Theodore Introduction United States of America v. Thomas Ronald Theodore, 468 F.3d 52 (1st...
Enhancement of Sentencing Guidelines in Illegal Reentry Cases: Analysis of United States v. Turbides-Leonardo

Enhancement of Sentencing Guidelines in Illegal Reentry Cases: Analysis of United States v. Turbides-Leonardo

Date: Nov 15, 2006
Enhancement of Sentencing Guidelines in Illegal Reentry Cases: Analysis of United States v. Turbides-Leonardo Introduction The case of United States of America v. Rafael Turbides-Leonardo (468 F.3d...
In Pari Delicto Doctrine Affirmed in Bankruptcy Context: Nisselson v. Lernout et al.

In Pari Delicto Doctrine Affirmed in Bankruptcy Context: Nisselson v. Lernout et al.

Date: Nov 9, 2006
In Pari Delicto Doctrine Affirmed in Bankruptcy Context: Nisselson v. Lernout et al. Introduction The case of Alan Nisselson, Trustee of the Dictaphone Litigation Trust, Plaintiff, Appellant, v. Jo...
Burel ORELIEN v. Alberto GONZALES: Establishing Stringent Criteria for Asylum Claims

Burel ORELIEN v. Alberto GONZALES: Establishing Stringent Criteria for Asylum Claims

Date: Nov 4, 2006
Burel ORELIEN v. Alberto GONZALES: Establishing Stringent Criteria for Asylum Claims Introduction Burel ORELIEN v. Alberto GONZALES is a seminal case adjudicated by the United States Court of Appeals...
Judicial Estoppel and Excessive Force Claims: Insights from Thore v. Howe et al.

Judicial Estoppel and Excessive Force Claims: Insights from Thore v. Howe et al.

Date: Oct 28, 2006
Judicial Estoppel and Excessive Force Claims: Insights from Thore v. Howe et al. Introduction In Charles Thore v. Jeffrey Howe et al., the United States Court of Appeals for the First Circuit...
Deliberate Indifference in Correctional Medical Care: Feeney v. Correctional Medical Services, Inc.

Deliberate Indifference in Correctional Medical Care: Feeney v. Correctional Medical Services, Inc.

Date: Oct 3, 2006
Deliberate Indifference in Correctional Medical Care: Feeney v. Correctional Medical Services, Inc. Introduction The case of James M. Feeney v. Correctional Medical Services, Inc., decided by the...
Clarity of TILA Rescission Notices and the Objective Standard for Consumer Confusion: Analysis of Palmer v. Champion Mortgage

Clarity of TILA Rescission Notices and the Objective Standard for Consumer Confusion: Analysis of Palmer v. Champion Mortgage

Date: Sep 30, 2006
Clarity of TILA Rescission Notices and the Objective Standard for Consumer Confusion: Analysis of Palmer v. Champion Mortgage Introduction The case of Amy Palmer v. Champion Mortgage examines the...
Affirming the Need for Comprehensive Evidence in Political Discrimination Cases: Insights from Peguero-Moronta v. Santiago

Affirming the Need for Comprehensive Evidence in Political Discrimination Cases: Insights from Peguero-Moronta v. Santiago

Date: Sep 21, 2006
Affirming the Need for Comprehensive Evidence in Political Discrimination Cases: Insights from Peguero-Moronta v. Santiago Introduction The case of Miguelina Peguero-Moronta, Maribel Negrón-Almeda,...
Limitations of ADA Claims and Retaliation Standards: Insights from Carmona-Rivera v. Commonwealth of Puerto Rico

Limitations of ADA Claims and Retaliation Standards: Insights from Carmona-Rivera v. Commonwealth of Puerto Rico

Date: Sep 13, 2006
Limitations of ADA Claims and Retaliation Standards: Insights from Carmona-Rivera v. Commonwealth of Puerto Rico Introduction Carmona-Rivera v. Commonwealth of Puerto Rico is a landmark case decided...
Resolving Conflicting Orders: Transfer vs. Dismissal Under 28 U.S.C. §1631 in Subsalve USA Corp. v. Watson Mfg., Inc.

Resolving Conflicting Orders: Transfer vs. Dismissal Under 28 U.S.C. §1631 in Subsalve USA Corp. v. Watson Mfg., Inc.

Date: Sep 8, 2006
Resolving Conflicting Orders: Transfer vs. Dismissal Under 28 U.S.C. §1631 in Subsalve USA Corp. v. Watson Mfg., Inc. Introduction Subsalve USA Corporation v. Watson Manufacturing, Inc. and Lynden C....
Coercive Practices by Secured Creditors Violate Bankruptcy Discharge Injunction: In re Carlton Dana Pratt and Christine Ann Pratt v. Debtors

Coercive Practices by Secured Creditors Violate Bankruptcy Discharge Injunction: In re Carlton Dana Pratt and Christine Ann Pratt v. Debtors

Date: Sep 2, 2006
Coercive Practices by Secured Creditors Violate Bankruptcy Discharge Injunction: In re Carlton Dana Pratt and Christine Ann Pratt v. Debtors Introduction The case In re Carlton Dana Pratt and...
Affirming Summary Judgment in ADA Disability Discrimination: Essential Job Functions and Remote Work Accommodation

Affirming Summary Judgment in ADA Disability Discrimination: Essential Job Functions and Remote Work Accommodation

Date: Aug 25, 2006
Affirming Summary Judgment in ADA Disability Discrimination: Essential Job Functions and Remote Work Accommodation Introduction The case of Michael D. MULLOY v. ACUSHNET COMPANY (460 F.3d 141)...
Enhanced Due Process Requirements for Civil Forfeiture: United States v. FLASH II

Enhanced Due Process Requirements for Civil Forfeiture: United States v. FLASH II

Date: Aug 17, 2006
Enhanced Due Process Requirements for Civil Forfeiture: United States v. FLASH II Introduction The case United States of America v. One Star Class Sloop Sailboat "FLASH II" (458 F.3d 16) represents a...
First Circuit Clarifies Choice of Law and Express Warranty Standards in Art Fraud Litigation

First Circuit Clarifies Choice of Law and Express Warranty Standards in Art Fraud Litigation

Date: Aug 16, 2006
First Circuit Clarifies Choice of Law and Express Warranty Standards in Art Fraud Litigation Introduction In the appellate case Mark Levin and Becky Levin v. Dalva Brothers, Inc., the United States...
Due Process and Exculpatory Evidence in Guilty Pleas: Ferrara v. United States

Due Process and Exculpatory Evidence in Guilty Pleas: Ferrara v. United States

Date: Aug 11, 2006
Due Process and Exculpatory Evidence in Guilty Pleas: Ferrara v. United States Introduction Ferrara v. United States, decided by the United States Court of Appeals for the First Circuit on August 10,...
Imposition of Preclusionary Sanctions for Persistent Discovery Noncompliance: Santiago-Díaz v. Laboratorio Clínico y de Referencia del Este

Imposition of Preclusionary Sanctions for Persistent Discovery Noncompliance: Santiago-Díaz v. Laboratorio Clínico y de Referencia del Este

Date: Aug 9, 2006
Imposition of Preclusionary Sanctions for Persistent Discovery Noncompliance Santiago-Díaz v. Laboratorio Clínico y de Referencia del Este and Sara López, M.D., 456 F.3d 272 (1st Cir. 2006)...
Premature Status Determination in Defamation Cases: Mandel v. Boston Phoenix, Inc.

Premature Status Determination in Defamation Cases: Mandel v. Boston Phoenix, Inc.

Date: Jul 13, 2006
Premature Status Determination in Defamation Cases: Mandel v. Boston Phoenix, Inc. Introduction The case of Marc E. Mandel v. The Boston Phoenix, Inc. addresses critical aspects of defamation law,...
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