1st Circuit Case Commentaries

Ambiguity in Arbitration Clauses and Judicial Compulsion of International Arbitration: Marks v. Presstek

Date: Jul 12, 2006

Ambiguity in Arbitration Clauses and Judicial Compulsion of International Arbitration: Marks v. Presstek Introduction Marks 3-Zet-Ernst Marks GmbH Co. KG ("Marks"), a German company, entered into a...

Affirmation of ADA Title II Claims Against State Universities: Toledo v. University of Puerto Rico

Date: Jul 7, 2006

Affirmation of ADA Title II Claims Against State Universities: Toledo v. University of Puerto Rico Introduction Toledo v. University of Puerto Rico is a landmark case adjudicated by the United States...

Jury Unanimity Not Mandated for Specific Evidentiary Factors in First-Degree Murder: Obershaw v. Lanman

Date: Jul 1, 2006

Jury Unanimity Not Mandated for Specific Evidentiary Factors in First-Degree Murder: Obershaw v. Lanman Introduction Obershaw v. Lanman, 453 F.3d 56 (1st Cir. 2006), addresses the critical issue of...

Enforceability of ADA Self-Evaluation and Transition Plan Regulations via Private Action

Date: Jul 1, 2006

Enforceability of ADA Self-Evaluation and Transition Plan Regulations via Private Action Introduction The case of G. Da v. d IVERSON and Access with Success, Inc. (452 F.3d 94) adjudicated by the...

KIMAN v. NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS: A New Precedent in ADA Title II Enforcement

Date: Jun 29, 2006

KIMAN v. NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS: A New Precedent in ADA Title II Enforcement Introduction Matthew KIMAN v. NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS is a pivotal case that delves into...

City of Quincy Retaliation Case Sets New Precedent on Punitive Damages in Employment Retaliation Claims

Date: Jun 24, 2006

City of Quincy Retaliation Case Sets New Precedent on Punitive Damages in Employment Retaliation Claims Introduction In the landmark case of John McDonough v. City of Quincy, the United States Court...

Limitations on Monetary Damages Under the IDEA: Diaz-Fonseca v. Commonwealth of Puerto Rico

Date: Jun 17, 2006

Limitations on Monetary Damages Under the IDEA: Diaz-Fonseca v. Commonwealth of Puerto Rico Introduction The case of Marta Diaz-Fonseca, on her own behalf and on behalf of her minor daughter,...

Disparate Treatment in Federal Employment: SSA’s Hiring Practices Upheld in Clifford v. Barnhart

Date: Jun 10, 2006

Disparate Treatment in Federal Employment: SSA’s Hiring Practices Upheld in Clifford v. Barnhart Introduction Clifford v. Barnhart is a seminal case adjudicated by the United States Court of Appeals...

Intent Enhancement in Threatening Communications: Analysis of United States v. Dixon

Date: May 27, 2006

Intent Enhancement in Threatening Communications: Analysis of United States v. Dixon Introduction United States of America v. Jody Dixon (449 F.3d 194, United States Court of Appeals, First Circuit,...

Affirmation of FTCA and Section 1983 Limitations: McCLOSKEY v. MUELLER Establishes Strict Bounds on Federal Liability

Date: May 17, 2006

Affirmation of FTCA and Section 1983 Limitations: McCLOSKEY v. MUELLER Establishes Strict Bounds on Federal Liability Introduction The case of McCLOSKEY v. MUELLER centers around a tragic incident...

Pagán v. Calderón: Clarifying Standing and the Boundaries of Qualified Immunity in Federal Civil Rights Litigation

Date: May 17, 2006

Pagán v. Calderón: Clarifying Standing and the Boundaries of Qualified Immunity in Federal Civil Rights Litigation Introduction Pagán v. Calderón is a landmark case decided by the United States Court...

First Circuit Addresses Procedural Due Process in Municipal Termination of Law 52 Funded Employment

Date: May 12, 2006

First Circuit Addresses Procedural Due Process in Municipal Termination of Law 52 Funded Employment Introduction In the case of Enrique Acevedo-Feliciano et al. v. Miguel A. Ruiz-Hernández et al.,...

Valentín-Almeyda v. Municipality of Aguadilla: Affirming Employer and Individual Liability for Sexual Harassment and Retaliation

Date: May 10, 2006

Valentín-Almeyda v. Municipality of Aguadilla: Affirming Employer and Individual Liability for Sexual Harassment and Retaliation Introduction In Valentín-Almeyda v. Municipality of Aguadilla, the...

Insufficient Evidence for Hostile Work Environment: First Circuit Affirms Summary Judgment in Title VII and Retaliation Claims

Date: May 10, 2006

Insufficient Evidence for Hostile Work Environment: First Circuit Affirms Summary Judgment in Title VII and Retaliation Claims Introduction In the case of Magdalena Pomales v. Celulares Telefónica,...

First Circuit Upholds Summary Judgment in ADA and FMLA Claims Due to Lack of Causal Evidence

Date: May 10, 2006

First Circuit Upholds Summary Judgment in ADA and FMLA Claims Due to Lack of Causal Evidence Introduction In Sandra I. Orta-Castro; José A. Nie v. s-Romero, Conjugal Partnership Orta-Nie, 447 F.3d...

Summary Judgment Affirmed in Employment Discrimination Case: Key Takeaways from Fontánez-Núñez v. Janssen Ortho LLC

Date: May 9, 2006

Summary Judgment Affirmed in Employment Discrimination Case: Key Takeaways from Fontánez-Núñez v. Janssen Ortho LLC Introduction In the landmark case of Carlos Fontánez-Núñez, Nora Rivera-Cardenales,...

Affirmation of Conviction Under 18 U.S.C. § 922(g)(8) in Domestic Restraining Order Cases

Date: May 6, 2006

Affirmation of Conviction Under 18 U.S.C. § 922(g)(8) in Domestic Restraining Order Cases Introduction The case of UNITED STATES of America v. Larry J. Coccia, adjudicated by the United States Court...

Affirmation of Confrontation Clause and Effective Assistance of Counsel in COMMONWEALTH v. KNIGHT

Date: May 3, 2006

Affirmation of Confrontation Clause and Effective Assistance of Counsel in COMMONWEALTH v. KNIGHT Introduction COMMONWEALTH v. KNIGHT (447 F.3d 6), adjudicated by the United States Court of Appeals...

Affirmation of Res Judicata's Broad Preclusive Effect on TILA Claims in Mortgage Foreclosures – R.G. Financial Corp. v. Vergara-Nuñez

Date: Apr 22, 2006

Affirmation of Res Judicata's Broad Preclusive Effect on TILA Claims in Mortgage Foreclosures – R.G. Financial Corp. v. Vergara-Nuñez Introduction In the landmark case of R.G. Financial Corp. et al....

First Circuit Upholds Enforceability of Arbitration Agreements in Antitrust Claims with Savings Clauses Preserving Statutory Remedies

Date: Apr 21, 2006

First Circuit Upholds Enforceability of Arbitration Agreements in Antitrust Claims with Savings Clauses Preserving Statutory Remedies Introduction The case of Martha KRISTIAN and James D. Masterman,...

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