1st Circuit Case Commentaries

Establishing Boundaries for Evidentiary Hearings in Suppression Motions: United States v. Darrell D. Allen

Date: Jul 23, 2009

Establishing Boundaries for Evidentiary Hearings in Suppression Motions: United States v. Darrell D. Allen Introduction In the case of United States v. Darrell D. Allen, adjudicated by the United...

Enforcement of Settlement Agreements and Fraud Implications Under Puerto Rico Law: A Comprehensive Analysis of Citibank Global Markets, Inc. v. Rodriguez Santana

Date: Jul 18, 2009

Enforcement of Settlement Agreements and Fraud Implications Under Puerto Rico Law: A Comprehensive Analysis of Citibank Global Markets, Inc. v. Rodriguez Santana Introduction The case of Citibank...

Affirmation of Claims-Made and Reported Policy Requirements in Professional Liability Insurance

Date: Jul 15, 2009

Affirmation of Claims-Made and Reported Policy Requirements in Professional Liability Insurance Introduction The case of Paul A. Gargano and Gargano Associates, P.C. v. Liberty International...

Establishing Ripeness of Takings Claim and Class Certification in Puerto Rico's Compulsory Motor Vehicle Liability Insurance Act

Date: Jul 1, 2009

Establishing Ripeness of Takings Claim and Class Certification in Puerto Rico's Compulsory Motor Vehicle Liability Insurance Act Introduction The appellate case of Gladys García-Rubiera et al. v....

No Seventh Amendment Right to Jury Trial in Bankruptcy §542 Turnover Actions: Insights from Braunstein v. McCabe

Date: Jun 27, 2009

No Seventh Amendment Right to Jury Trial in Bankruptcy §542 Turnover Actions: Insights from Braunstein v. McCabe Introduction The case of Joseph Braunstein, Chapter 7 Trustee of TMG Holdings, LLC and...

Improper Handling of Juror Misconduct Leads to Vacated Convictions: United States v. Bristol-Mártir et al.

Date: Jun 27, 2009

Improper Handling of Juror Misconduct Leads to Vacated Convictions: United States v. Bristol-Mártir et al. Introduction The case of United States of America v. Samuel Bristol-Mártir and co-defendants...

Revisiting Qualified Immunity in Substantive Due Process: Insights from Maldonado v. Dually

Date: Jun 5, 2009

Revisiting Qualified Immunity in Substantive Due Process: Insights from Maldonado v. Dually Introduction Maldonado v. Dually, adjudicated by the United States Court of Appeals for the First Circuit...

Affirmation of the Discretionary Function Exception under the FTCA: Fothergill & Del Toro Pineiro v. United States Postal Service

Date: May 22, 2009

Affirmation of the Discretionary Function Exception under the FTCA Introduction In the landmark case Fothergill & Del Toro Pineiro v. United States Postal Service, decided by the United States Court...

Refinement of Personal Jurisdiction and Pleading Standards in NA Catholic Educational v. Goldman Sachs

Date: May 20, 2009

Refinement of Personal Jurisdiction and Pleading Standards in North American Catholic Educational Programming Foundation v. Goldman Sachs Group Introduction The case of North American Catholic...

Enhanced Particularity Requirements for FCA Conspiracy Claims Affirmed by First Circuit

Date: May 9, 2009

Enhanced Particularity Requirements for FCA Conspiracy Claims Affirmed by First Circuit Introduction In United States ex rel. Edward L. Gagne and Linda Jeneski v. City of Worcester, 565 F.3d 40 (1st...

Reaffirming the Abuse of Discretion Standard in ERISA Benefit Denial: DENMARK v. LIBERTY LIFE Assurance Co.

Date: May 7, 2009

Reaffirming the Abuse of Discretion Standard in ERISA Benefit Denial: DENMARK v. LIBERTY LIFE Assurance Co. Introduction The case of Diane DENMARK v. LIBERTY LIFE Assurance Company of Boston, decided...

FedEx Employment Practices Reinforced: Summary Judgment Upholds Employer's Actions Against Employee Claims

Date: May 5, 2009

FedEx Employment Practices Reinforced: Summary Judgment Upholds Employer's Actions Against Employee Claims Introduction The case of David MEUSER v. FEDERAL EXPRESS CORPORATION (564 F.3d 507)...

Establishing Substantial Similarity in Copyright Infringement: Coquico Inc. v. Rodríguez-Miranda

Date: Apr 7, 2009

Establishing Substantial Similarity in Copyright Infringement: Coquico Inc. v. Rodríguez-Miranda Introduction In the landmark case of Coquico, Inc. v. Rodríguez-Miranda and Identiko, Inc., the United...

Preemption of State Law Claims in Bank Receivership under HOLA and FIRREA: An Analysis of Yeomalakis v. FDIC

Date: Apr 4, 2009

Preemption of State Law Claims in Bank Receivership under HOLA and FIRREA: An Analysis of Yeomalakis v. FDIC Introduction Yeomalakis v. Federal Deposit Insurance Corporation (562 F.3d 56) is a...

Sex-Based Stereotyping in Promotion Decisions: Insights from Chadwick v. WellPoint

Date: Mar 27, 2009

Sex-Based Stereotyping in Promotion Decisions: Insights from Chadwick v. WellPoint Introduction The case of Laurie Chadwick v. WellPoint, Inc., decided by the United States Court of Appeals for the...

Affirmation of City's Compliance with Castro Consent Decree: No Causal Link in Race-Based Seniority Claims

Date: Mar 25, 2009

Affirmation of City's Compliance with Castro Consent Decree: No Causal Link in Race-Based Seniority Claims Introduction Ke v. Sullivan et al., 561 F.3d 7 (1st Cir. 2009), involves a legal dispute...

Denial of Acceptance of Responsibility and Geographic Restrictions Upheld: Garrasteguy & Carrasquillo

Date: Mar 7, 2009

Denial of Acceptance of Responsibility and Geographic Restrictions Upheld: Garrasteguy & Carrasquillo Introduction In the landmark case United States of America v. Nathan Garrasteguy and Amos...

Protecting Prison Security: Upholding Anti-Fraternization Rules in Corrections – Poirier v. Massachusetts DOC

Date: Feb 28, 2009

Protecting Prison Security: Upholding Anti-Fraternization Rules in Corrections – Poirier v. Massachusetts DOC Introduction The case of Melissa J. Poirier v. Massachusetts Department of Correction...

Clarifying Individual Liability and Exhaustion of Remedies under Title VII: Insights from Fantini v. Salem State College

Date: Feb 24, 2009

Clarifying Individual Liability and Exhaustion of Remedies under Title VII: Insights from Fantini v. Salem State College Introduction Fantini v. Salem State College, 557 F.3d 22 (1st Cir. 2009), is a...

Affirmation of AEDPA Standards in Evaluating Waiver of Conflict-Free Counsel and Claims of Ineffective Assistance: Yeboah-Sefah v. Ficco

Date: Feb 20, 2009

Affirmation of AEDPA Standards in Evaluating Waiver of Conflict-Free Counsel and Claims of Ineffective Assistance: Yeboah-Sefah v. Ficco Introduction Daniel Yeboah-Sefah, a/k/a Henry K. Boateng, the...