1st Circuit Case Commentaries

Affirmation of In Pari Delicto Defense in Bankruptcy-Related Claims: High Voltage Engineering Liquidating Trust v. Evercore Restructuring L.L.C.

Date: Oct 7, 2008

Affirmation of In Pari Delicto Defense in Bankruptcy-Related Claims: High Voltage Engineering Liquidating Trust v. Evercore Restructuring L.L.C. Introduction The case of Stephen S. Gray, Trustee of...

Enforcing English Language Compliance and Rooker-Feldman Application in Federal Appeals: Rosario-Rodríguez v. Dalmaú

Date: Oct 7, 2008

Enforcing English Language Compliance and Rooker-Feldman Application in Federal Appeals: Rosario-Rodríguez v. Dalmaú Introduction The case Puerto Ricans for Puerto Rico Party; Nelson...

Failure to Accommodate Disabilities: Enica v. Department of Veterans Affairs Establishes Critical Precedent

Date: Oct 7, 2008

Failure to Accommodate Disabilities: Enica v. Department of Veterans Affairs Establishes Critical Precedent Introduction In the landmark case of Lucia Enica v. Department of Veterans Affairs, the...

Central Reason Requirement under REAL ID Act Affirmed in Bagh Singh v. Mukasey

Date: Sep 26, 2008

Central Reason Requirement under REAL ID Act Affirmed in Bagh Singh v. Mukasey Introduction Bagh Singh v. Michael B. Mukasey, Attorney General, 543 F.3d 1 (1st Cir. 2008) is a pivotal case in United...

Authority and Probable Cause on Tribal Lands: Insights from Thomas v. Rhode Island

Date: Sep 25, 2008

Authority and Probable Cause on Tribal Lands: Insights from Thomas v. Rhode Island Introduction In Matthew Thomas, et al. v. State of Rhode Island, et al., 542 F.3d 944 (1st Cir. 2008), seven members...

Welch v. Ciampa: Reinforcing First Amendment Protections and Municipal Liability in Political Retaliation

Date: Sep 24, 2008

Welch v. Ciampa: Reinforcing First Amendment Protections and Municipal Liability in Political Retaliation Introduction Welch v. Ciampa, 542 F.3d 927 (1st Cir. 2008), is a pivotal case addressing the...

Affirmation of Conviction and Remand for Resentencing in U.S. v. Lipscomb: Implications for Fourth and Sixth Amendment Protections

Date: Aug 22, 2008

Affirmation of Conviction and Remand for Resentencing in U.S. v. Lipscomb: Implications for Fourth and Sixth Amendment Protections Introduction In the case of United States of America v. Anthony...

Prescott v. Boston Public Works: Strict Prima Facie Requirements Uphold Summary Judgment in Racial Discrimination Allegations

Date: Aug 21, 2008

Prescott v. Boston Public Works: Strict Prima Facie Requirements Uphold Summary Judgment in Racial Discrimination Allegations Introduction Fitzroy Prescott v. David Higgins, Individually and in His...

Defining the Boundaries of Coram Nobis in Post-Conviction Relief: Insights from Trenkler v. United States

Date: Aug 2, 2008

Defining the Boundaries of Coram Nobis in Post-Conviction Relief: Insights from Trenkler v. United States Introduction In the landmark case Alfred W. Trenkler v. United States of America, adjudicated...

Affirming Supervisory Immunity: Insights from Pineda v. Toomey and Watts

Date: Jul 17, 2008

Affirming Supervisory Immunity: Insights from Pineda v. Toomey and Watts 1. Introduction The case of Carlos Pineda and Alexandra Perez v. Joseph Toomey and Joseph Watts (533 F.3d 50) presents a...

Complete Preemption and State Nuisance Claims: Insights from Fayard v. Northeast Vehicle Services, LLC

Date: Jul 15, 2008

Complete Preemption and State Nuisance Claims: Insights from Fayard v. Northeast Vehicle Services, LLC Introduction The case of Leo E. Fayard and Sara K. Fayard v. Northeast Vehicle Services, LLC et...

Consent Decree Approval in CERCLA Without Federal Involvement: Insights from CITY OF BANGOR v. CITIZENS COMMUNICATIONS COmpany

Date: Jul 10, 2008

Consent Decree Approval in CERCLA Without Federal Involvement: Insights from CITY OF BANGOR v. CITIZENS COMMUNICATIONS COmpany Introduction The case of CITY OF BANGOR v. CITIZENS COMMUNICATIONS...

Presumption of Prejudice in Jury Note Handling: Analysis of UNITED STATES v. Ofray-Campos et al.

Date: Jul 8, 2008

Presumption of Prejudice in Jury Note Handling: Analysis of UNITED STATES v. Ofray-Campos et al. Introduction The case of UNITED STATES of America v. Heriberto OFRAY-CAMPOS, Pedro José Díaz-Clavell,...

Asset Purchase Agreements and Liability Shield: Insights from Rodríguez-Rivera v. SMU

Date: Jul 3, 2008

Asset Purchase Agreements and Liability Shield: Insights from Rodríguez-Rivera v. SMU Introduction The case of Omayra Rodríguez-Rivera; José Vázquez-Nieves; JVR v. Federico Trilla Regional Hospital...

Political Affiliation Discrimination Not Covered Under 42 U.S.C. §1985(3): Insights from Pérez-Sánchez v. Public Building Authority

Date: Jul 1, 2008

Political Affiliation Discrimination Not Covered Under 42 U.S.C. §1985(3): Insights from Pérez-Sánchez v. Public Building Authority Introduction Pérez-Sánchez v. Public Building Authority is a...

Affirmation of Complex RICO Convictions: Severance, Evidence Sufficiency, and Double Jeopardy in UNITED STATES v. DeCologero et al.

Date: Jun 24, 2008

Affirmation of Complex RICO Convictions: Severance, Evidence Sufficiency, and Double Jeopardy in UNITED STATES v. DeCologero et al. Introduction UNITED STATES of America v. Paul A. DeCologero; John...

Establishing 'Duck Tours' as a Generic Term in Trademark Law: Boston Duck Tours v. Super Duck Tours

Date: Jun 19, 2008

Establishing 'Duck Tours' as a Generic Term in Trademark Law: Boston Duck Tours v. Super Duck Tours Introduction In the landmark case BOSTON DUCK TOURS, LP v. SUPER DUCK TOURS, LLC, decided by the...

ERISA Preemption and Res Judicata: Comprehensive Analysis of Negrón-Fuentes v. UPS Decision

Date: Jun 19, 2008

ERISA Preemption and Res Judicata: Comprehensive Analysis of Negrón-Fuentes v. UPS Decision Introduction In the landmark case of I v. n NEGRÓN-FUENTES; Mildred Pérez; the Negrón-Pérez Conjugal...

Establishing Limits on Personal Jurisdiction: Prairie Eye Center v. Phillips

Date: Jun 13, 2008

Establishing Limits on Personal Jurisdiction: Prairie Eye Center v. Phillips Introduction Prairie Eye Center v. Christopher Phillips is a seminal case decided by the United States Court of Appeals...

Evaluating Reasonable Suspicion in Felon Firearm Possession: Insights from United States v. Ruidíaz Jr.

Date: Jun 13, 2008

Evaluating Reasonable Suspicion in Felon Firearm Possession: Insights from United States v. Ruidíaz Jr. Introduction In the appellate case of United States v. Florentino Ruidíaz, Jr., the United...