1st Circuit Case Commentaries

Qualified Immunity and Excessive Force: Raiche v. Pietroski

Date: Oct 26, 2010

Qualified Immunity and Excessive Force: Raiche v. Pietroski Introduction Raiche v. Pietroski, 623 F.3d 30 (1st Cir. 2010), is a landmark appellate decision that delves into the complexities of...

Affirmation of Non-Pretextual Dismissal in ADEA Age Discrimination Case

Date: Oct 13, 2010

Affirmation of Non-Pretextual Dismissal in ADEA Age Discrimination Case Introduction In Robert Meléndez v. Autogermana, Inc. (622 F.3d 46, 1st Cir. 2010), the United States Court of Appeals for the...

Enforcing Arbitration Clauses and Limiting Preliminary Injunctions in Securities Misrepresentation: Braintree Labs v. Citigroup Global Markets

Date: Oct 13, 2010

Enforcing Arbitration Clauses and Limiting Preliminary Injunctions in Securities Misrepresentation: Braintree Labs v. Citigroup Global Markets Introduction In the aftermath of the 2008 financial...

Affirmation of AEDPA Standards and Postconviction Procedures in Tevlin v. Spencer

Date: Oct 9, 2010

Affirmation of AEDPA Standards and Postconviction Procedures in Tevlin v. Spencer Introduction Tevlin v. Spencer (621 F.3d 59), adjudicated by the United States Court of Appeals for the First Circuit...

Affirmation of Louisiana Decisions Without Published Opinions in Rosa Linda VERA v. John McHUGH

Date: Oct 7, 2010

Affirmation of Louisiana Decisions Without Published Opinions in Rosa Linda VERA v. John McHUGH Introduction The case of Rosa Linda VERA v. John McHUGH involves an appeal filed by Rosa Linda VERA...

Limitations on Judicial Estoppel in Bankruptcy Proceedings: Insights from Michael Perry v. Ste

Date: Oct 2, 2010

Limitations on Judicial Estoppel in Bankruptcy Proceedings: Insights from Michael Perry and Condominium Housing, Inc. v. Ste Introduction The case of Michael Perry and Condominium Housing, Inc.,...

Strict Pleading Standards for RICO and BHCA Claims Reinforced in Méndez v. Banco Santander de Puerto Rico

Date: Sep 23, 2010

Strict Pleading Standards for RICO and BHCA Claims Reinforced in Méndez v. Banco Santander de Puerto Rico Case: Méndez Internet Management Services, Inc.; James Méndez, Plaintiffs, Appellants, v....

First Circuit Upholds FHAA's Right to Reasonable Accommodation Over Local Condominium Rules in Parking Space Allocation

Date: Sep 17, 2010

First Circuit Upholds FHAA's Right to Reasonable Accommodation Over Local Condominium Rules in Parking Space Allocation Introduction The case of Astralis Condominium Association v. Secretary, United...

Scope of Employment under FTCA: Merlonghi v. United States

Date: Sep 15, 2010

Scope of Employment under FTCA: Merlonghi v. United States Introduction Frank A. Merlonghi v. United States is a pivotal case decided by the United States Court of Appeals for the First Circuit on...

Relation Back Doctrine and Statute of Limitations: Analyzing Coons v. Industrial Knife Company

Date: Sep 11, 2010

Relation Back Doctrine and Statute of Limitations: Analyzing Coons v. Industrial Knife Company Introduction Coons v. Industrial Knife Company, 620 F.3d 38 (1st Cir. 2010), is a pivotal case that...

Expansion of "Money Damages" under Educator's Liability Policy: SU 37 v. United National Insurance Company

Date: Aug 20, 2010

Expansion of "Money Damages" under Educator's Liability Policy: SU 37 v. United National Insurance Company Introduction The case of SCHOOL UNION NO. 37 v. UNITED NATIONAL INSURANCE COMPANY,...

Protecting Contractual Rights: Limits on Sua Sponte Summary Judgment and Comprehensive Interpretation of Repair Costs in Real Estate Transactions – Wells REIT II v. Chardón/Hato Rey Partnership

Date: Aug 6, 2010

Protecting Contractual Rights: Limits on Sua Sponte Summary Judgment and Comprehensive Interpretation of Repair Costs in Real Estate Transactions – Wells REIT II v. Chardón/Hato Rey Partnership...

Broadening the Scope of Protected Opposition in Title VII Retaliation Claims: Collazo v. Bristol-Myers Squibb

Date: Aug 6, 2010

Broadening the Scope of Protected Opposition in Title VII Retaliation Claims: Collazo v. Bristol-Myers Squibb Introduction The case of Luis R. Collazo et al. v. Bristol-Myers Squibb Manufacturing,...

Equitable Tolling of AEDPA Statute of Limitations Based on Mental Illness: Riva v. Ficco

Date: Aug 6, 2010

Equitable Tolling of AEDPA Statute of Limitations Based on Mental Illness: Riva v. Ficco Introduction James Riva, II v. Edward Ficco, 615 F.3d 35 (1st Cir. 2010), is a landmark case addressing the...

Enforceability of Appellate Waivers in Plea Agreements: Sotirion v. United States Sets Firm Precedent

Date: Aug 5, 2010

Enforceability of Appellate Waivers in Plea Agreements: Sotirion v. United States Sets Firm Precedent Introduction The case of Arthur Sotirion v. United States, decided by the United States Court of...

Affirming Qualified Immunity for ATF Officers in Warrantless Compliance Inspections: Giragosian v. Bettencourt

Date: Jul 30, 2010

Affirming Qualified Immunity for ATF Officers in Warrantless Compliance Inspections: Giragosian v. Bettencourt Introduction Paul Giragosian v. Wayne Bettencourt, 614 F.3d 25 (1st Cir. 2010), is a...

Clarifying the Abduction Rule in Carjacking: First Circuit's Interpretation in United States v. Figueroa-Cartagena

Date: Jul 17, 2010

Clarifying the Abduction Rule in Carjacking: First Circuit's Interpretation in United States v. Figueroa-Cartagena Introduction The case of United States of America v. Neliza Figueroa-Cartagena (612...

Refining Standards for Withholding of Removal and CAT Protection: First Circuit's Decision in Ahmed and Butt v. Holder

Date: Jul 14, 2010

Refining Standards for Withholding of Removal and CAT Protection: First Circuit's Decision in Ahmed and Butt v. Holder Introduction In the case of Usman Ahmed and Afsheen Iqbal Butt v. Eric H....

Defining the Accrual Date for False Imprisonment Claims under §1983: Insights from Harrington v. City of Nashua

Date: Jun 30, 2010

Defining the Accrual Date for False Imprisonment Claims under §1983: Insights from Harrington v. City of Nashua Introduction Monique J. Harrington, the plaintiff and appellant, brought a lawsuit...

Reaffirming Credibility Standards in Asylum Proceedings: Diaz-García v. Holder

Date: Jun 26, 2010

Reaffirming Credibility Standards in Asylum Proceedings: Diaz-García v. Holder Introduction The case of Alexander Diaz-García v. Eric H. Holder, Jr. (609 F.3d 21) serves as a pivotal reference in...