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  • Commentaries
  • Judgments

1st Circuit Case Commentaries

Continued Federal Court Jurisdiction under 28 U.S.C. §1345 Despite Medicare Act Provisions: Analysis of United States v. Lahey Clinic Hospital, Inc.

Continued Federal Court Jurisdiction under 28 U.S.C. §1345 Despite Medicare Act Provisions: Analysis of United States v. Lahey Clinic Hospital, Inc.

Date: Feb 5, 2005
Continued Federal Court Jurisdiction under 28 U.S.C. §1345 Despite Medicare Act Provisions: Analysis of United States v. Lahey Clinic Hospital, Inc. Introduction In the landmark case of United States...
BOP's Time-Served Interpretation of 'Term of Imprisonment' Upheld by First Circuit in GCT Calculations

BOP's Time-Served Interpretation of 'Term of Imprisonment' Upheld by First Circuit in GCT Calculations

Date: Jan 8, 2005
BOP's Time-Served Interpretation of 'Term of Imprisonment' Upheld by First Circuit in GCT Calculations Introduction In the case of Jimmy Perez-Olivo v. Ricardo E. Chavez, Warden, M.D.C. Guaynabo, the...
Establishing the Necessity of Expert Testimony in Medical Malpractice: Rojas-Ithier v. Sociedad Española

Establishing the Necessity of Expert Testimony in Medical Malpractice: Rojas-Ithier v. Sociedad Española

Date: Jan 7, 2005
Establishing the Necessity of Expert Testimony in Medical Malpractice: Rojas-Ithier v. Sociedad Española Introduction The case of Darlene I. Rojas-Ithier et al. v. Sociedad Española de Auxilio Mutuo...
Invalidation of AG's Regulation Excluding Paroled Aliens in Removal Proceedings from Adjustment of Status

Invalidation of AG's Regulation Excluding Paroled Aliens in Removal Proceedings from Adjustment of Status

Date: Jan 6, 2005
Invalidation of Attorney General's Regulation Excluding Paroled Aliens in Removal Proceedings from Adjustment of Status Introduction In the landmark case Wissam Succar v. John Ashcroft (394 F.3d 8),...
Consent and Reasonable Suspicion in Residential Police Entries: Analysis of United States v. Romain

Consent and Reasonable Suspicion in Residential Police Entries: Analysis of United States v. Romain

Date: Dec 30, 2004
Consent and Reasonable Suspicion in Residential Police Entries: Analysis of United States v. Romain Introduction United States of America v. Carl S. Romain, Jr., 393 F.3d 63 (1st Cir. 2004), is a...
First Circuit Affirms Moran Bank Fraud Convictions, Clarifying Motion Conversion and Ineffective Assistance Standards

First Circuit Affirms Moran Bank Fraud Convictions, Clarifying Motion Conversion and Ineffective Assistance Standards

Date: Dec 16, 2004
First Circuit Affirms Moran Bank Fraud Convictions, Clarifying Motion Conversion and Ineffective Assistance Standards Introduction United States of America v. Nora F. Moran, 393 F.3d 1 (1st Cir....
Cofield v. United States: Establishing the Reasonableness of Strip Searches Under the Fourth Amendment

Cofield v. United States: Establishing the Reasonableness of Strip Searches Under the Fourth Amendment

Date: Dec 11, 2004
Cofield v. United States: Establishing the Reasonableness of Strip Searches Under the Fourth Amendment Introduction Cofield v. United States (391 F.3d 334) is a significant appellate decision issued...
Harm Requirement in Dealer Protection: Santilli v. General Motors Corp.

Harm Requirement in Dealer Protection: Santilli v. General Motors Corp.

Date: Dec 9, 2004
Harm Requirement in Dealer Protection: Santilli v. General Motors Corp. Introduction In The CADILLAC/OLDSMOBILE/NISSAN CENTER, INC., Doing Business as John Santilli's Center for Automobiles,...
Qualified Immunity Reinforced in False Arrest Case: Cox v. Hainey

Qualified Immunity Reinforced in False Arrest Case: Cox v. Hainey

Date: Dec 2, 2004
Qualified Immunity Reinforced in False Arrest Case: Cox v. Hainey Introduction In Cox v. Hainey, 391 F.3d 25 (1st Cir. 2004), the United States Court of Appeals for the First Circuit addressed the...
Undue Hardship and the Limits of Religious Accommodation in Workplace Dress Codes: Cloutier v. Costco

Undue Hardship and the Limits of Religious Accommodation in Workplace Dress Codes: Cloutier v. Costco

Date: Dec 2, 2004
Undue Hardship and the Limits of Religious Accommodation in Workplace Dress Codes: Cloutier v. Costco Introduction Cloutier v. Costco Wholesale Corp. is a pivotal case adjudicated by the United...
Redefining Public Forum Status in Advertising: A Comprehensive Analysis of Ridley v. MBTA

Redefining Public Forum Status in Advertising: A Comprehensive Analysis of Ridley v. MBTA

Date: Nov 30, 2004
Redefining Public Forum Status in Advertising: A Comprehensive Analysis of Ridley v. MBTA Introduction In the landmark case of Ridley v. Massachusetts Bay Transportation Authority (MBTA), the United...
Retaliation and Punitive Damages in §1983: Powell v. Alexander Establishes New Precedents

Retaliation and Punitive Damages in §1983: Powell v. Alexander Establishes New Precedents

Date: Nov 25, 2004
Retaliation and Punitive Damages in §1983: Powell v. Alexander Establishes New Precedents Introduction Powell v. Alexander is a landmark case decided by the United States Court of Appeals for the...
Subsequent Police Statements Do Not Invalidate a Valid Miranda Waiver: Commentary on United States v. Bezanson-Perkins

Subsequent Police Statements Do Not Invalidate a Valid Miranda Waiver: Commentary on United States v. Bezanson-Perkins

Date: Nov 24, 2004
Subsequent Police Statements Do Not Invalidate a Valid Miranda Waiver: Commentary on United States v. Bezanson-Perkins Introduction In the case of United States of America v. Joshua Bezanson-Perkins,...
Reversing Dismissal of Fraudulent Misrepresentation Claim in RODI v. SOUTHERN NEW ENGLAND SCHOOL OF LAW

Reversing Dismissal of Fraudulent Misrepresentation Claim in RODI v. SOUTHERN NEW ENGLAND SCHOOL OF LAW

Date: Nov 11, 2004
Reversing Dismissal of Fraudulent Misrepresentation Claim in RODI v. SOUTHERN NEW ENGLAND SCHOOL OF LAW Introduction The case of Joseph RODI v. SOUTHERN NEW ENGLAND SCHOOL OF LAW addresses...
Policy Affiliation as a Valid Employment Criterion in Public Offices: Insights from Galloza v. Foy

Policy Affiliation as a Valid Employment Criterion in Public Offices: Insights from Galloza v. Foy

Date: Nov 11, 2004
Policy Affiliation as a Valid Employment Criterion in Public Offices: Insights from Galloza v. Foy Introduction The case of Benito Galloza Gonzalez et al. v. Norman E. Foy et al., decided by the...
Enhancing the Calculation of Compensatory Damages under FLSA: Lupien v. City of Marlborough

Enhancing the Calculation of Compensatory Damages under FLSA: Lupien v. City of Marlborough

Date: Oct 29, 2004
Enhancing the Calculation of Compensatory Damages under FLSA: Lupien v. City of Marlborough Introduction Lupien v. City of Marlborough, 387 F.3d 83 (1st Cir. 2004), addresses the contentious issue of...
Affirmation of Summary Judgment in Jones Act and Unseaworthiness Claims: Poulis-Minott v. Smith

Affirmation of Summary Judgment in Jones Act and Unseaworthiness Claims: Poulis-Minott v. Smith

Date: Oct 29, 2004
Affirmation of Summary Judgment in Jones Act and Unseaworthiness Claims: Poulis-Minott v. Smith Introduction The case of Kathy Poulis-Minott, as personal representative of the Estate of Carlyle...
Equal Protection and Educational Funding: Insights from Eulitt v. State of Maine

Equal Protection and Educational Funding: Insights from Eulitt v. State of Maine

Date: Oct 23, 2004
Equal Protection and Educational Funding: Insights from Eulitt v. State of Maine Introduction Eulitt v. State of Maine, 386 F.3d 344 (1st Cir. 2004), addresses a pivotal question in the realm of...
Regulatory Agency Proceedings and the Automatic Stay: Establishing Boundaries under Bankruptcy Code § 362(b)(4) – In re Judith A. McMullen

Regulatory Agency Proceedings and the Automatic Stay: Establishing Boundaries under Bankruptcy Code § 362(b)(4) – In re Judith A. McMullen

Date: Oct 21, 2004
Regulatory Agency Proceedings and the Automatic Stay: Establishing Boundaries under Bankruptcy Code § 362(b)(4) – In re Judith A. McMullen Introduction The case of In re Judith A. McMullen,...
Inevitable Discovery Exception Affirmed in Pardue v. United States

Inevitable Discovery Exception Affirmed in Pardue v. United States

Date: Oct 7, 2004
Inevitable Discovery Exception Affirmed in Pardue v. United States Introduction UNITED STATES of America v. Corey Pardue is a pivotal case adjudicated by the United States Court of Appeals for the...
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