1st Circuit Case Commentaries

Comprehensive Commentary on Thomas COOK et al. v. Gates: Upholding "Don't Ask, Don't Tell" Under Constitutional Scrutiny

Date: Jun 10, 2008

Comprehensive Commentary on Thomas COOK et al. v. Gates: Upholding "Don't Ask, Don't Tell" Under Constitutional Scrutiny Introduction The case of Thomas COOK; Megan Dresch; Laura Galaburda; Jack...

Retaliation Claims Under ADA and Title IX: Insights from M.M.R.-Z. v. Puerto Rico

Date: Jun 6, 2008

Retaliation Claims Under ADA and Title IX: Insights from M.M.R.-Z. v. Puerto Rico Introduction The case M.M.R.-Z., a minor child, by and through his parents; Mario A. Ramírez-Senda et al. v....

Fast-Track Sentencing Disparity: First Circuit Abrogates Andújar-Arias in Light of Kimbrough

Date: Jun 5, 2008

Fast-Track Sentencing Disparity: First Circuit Abrogates Andújar-Arias in Light of Kimbrough Introduction The case United States of America v. Yonathan Rodríguez, 527 F.3d 221 (1st Cir. 2008), marks...

Establishing Legal Precedents in Asylum Claims: Restrepo Ruiz v. Mukasey

Date: May 22, 2008

Establishing Legal Precedents in Asylum Claims: Restrepo Ruiz v. Mukasey Introduction The case of Claudia Cecilia Restrepo Ruiz et al. v. Michael B. Mukasey, Attorney General (526 F.3d 31)...

Enforcement of Exculpatory Clauses and Statute of Limitations in UCC Warranty Claims: TRANS-SPEC Truck Service, Inc. v. Caterpillar, Inc.

Date: May 1, 2008

Enforcement of Exculpatory Clauses and Statute of Limitations in UCC Warranty Claims: TRANS-SPEC Truck Service, Inc. v. Caterpillar, Inc. Introduction TRANS-SPEC Truck Service, Inc. v. Caterpillar,...

Relative Liability in Apportioning Attorneys' Fees: Insights from TORRES-RIVERA v. O'NEILL-CANCEL

Date: May 1, 2008

Relative Liability in Apportioning Attorneys' Fees: Insights from TORRES-RIVERA v. O'NEILL-CANCEL Introduction Torres-Rivera et al. v. O'Neill-Cancel is a significant appellate decision by the United...

Expanding Personal Jurisdiction Over Out-of-State State Officials: Insights from Hannon v. Beard and Hesse

Date: Apr 29, 2008

Expanding Personal Jurisdiction Over Out-of-State State Officials: Insights from Hannon v. Beard and Hesse Introduction The case of Francis Hannon v. Jeffrey Beard and Maryjane Hesse (524 F.3d 275)...

Affirmation of Search Warrant Validity and Balanced Admissibility of Child Pornography Evidence in Morales-Aldahondo

Date: Apr 25, 2008

Affirmation of Search Warrant Validity and Balanced Admissibility of Child Pornography Evidence in Morales-Aldahondo Introduction The case of United States of America v. Joseph Morales-Aldahondo (524...

United States v. Griffin: Jurisdictional Interpretation of Rule 35(a) and Affirmation of False Tax Return Conviction

Date: Apr 19, 2008

United States v. Griffin: Jurisdictional Interpretation of Rule 35(a) and Affirmation of False Tax Return Conviction Introduction United States of America v. Nadine J. Griffin, 524 F.3d 71 (1st Cir....

First Amendment Protections Against Political Discrimination Require Adverse Employment Actions: Morales-Tañon v. PREPA

Date: Apr 18, 2008

First Amendment Protections Against Political Discrimination Require Adverse Employment Actions: Morales-Tañon v. Puerto Rico Electric Power Authority Introduction Case: Luis Morales-Tañon,...

Miranda Waiver Enforcement in Appellate Review: United States v. Lugo Guerrero

Date: Apr 17, 2008

Miranda Waiver Enforcement in Appellate Review: United States v. Lugo Guerrero Introduction In United States of America v. Jose R. Lugo Guerrero, 524 F.3d 5 (1st Cir. 2008), the United States Court...

First Circuit Reaffirms Heightened Pleading Standards Under PSLRA in PERS v. Boston Scientific

Date: Apr 17, 2008

First Circuit Reaffirms Heightened Pleading Standards Under PSLRA in PERS v. Boston Scientific Introduction The case of Mississippi Public Employees' Retirement System (PERS) v. Boston Scientific...

AFFIRMING SUMMARY JUDGMENT IN DISCRIMINATION AND RETALIATION CLAIMS: THOMPSON V. COCA-COLA

Date: Apr 16, 2008

Affirming Summary Judgment in Discrimination and Retaliation Claims: Thompson v. Coca-Cola 1. Introduction The case of Dudley Thompson v. The Coca-Cola Company, adjudicated by the United States Court...

First Circuit Upholds Summary Judgment in FCRA §1681i Claim Due to Insufficient Evidence of Inaccuracy

Date: Apr 16, 2008

First Circuit Upholds Summary Judgment in FCRA §1681i Claim Due to Insufficient Evidence of Inaccuracy Introduction The case of Ovidio A. DeAndrade v. Trans Union LLC addresses critical issues under...

Agency Authority in Service of Process: Precedent Set by Blair v. City of Worcester

Date: Apr 9, 2008

Agency Authority in Service of Process: Precedent Set by Blair v. City of Worcester Introduction In the landmark case of Brandon S. Blair et al. v. City of Worcester et al., 522 F.3d 105 (1st Cir....

Amending Complaints and Federal Jurisdiction: ConnectU LLC v. Mark Zuckerberg et al.

Date: Apr 4, 2008

Amending Complaints and Federal Jurisdiction: ConnectU LLC v. Mark Zuckerberg et al. Introduction The case of ConnectU LLC v. Mark Zuckerberg et al. addressed pivotal questions regarding federal...

IN RE NEW MOTOR VEHICLES CANADIAN EXPORT ANTITRUST Litigation: Enhanced Standing and Merit Inquiry for Class Actions

Date: Mar 29, 2008

IN RE NEW MOTOR VEHICLES CANADIAN EXPORT ANTITRUST Litigation: Enhanced Standing and Merit Inquiry for Class Actions Introduction The case of IN RE NEW MOTOR VEHICLES CANADIAN EXPORT ANTITRUST...

Establishing Boundaries for 'Regarded As' Disability Claims under ADA: Insights from Ruiz Rivera v. Pfizer

Date: Mar 28, 2008

Establishing Boundaries for 'Regarded As' Disability Claims under ADA: Insights from Ruiz Rivera v. Pfizer Introduction The case of Delia Ruiz Rivera v. Pfizer Pharmaceuticals, LLC serves as a...

United States v. Martin: Upholding District Court's Sentencing Discretion under Gall and Evaluating Post-Judgment Memoranda

Date: Mar 22, 2008

United States v. Martin: Upholding District Court's Sentencing Discretion under Gall and Evaluating Post-Judgment Memoranda Introduction In the landmark case United States v. Robert Martin,...

Defining "Firm Offer of Credit" under FCRA: Insights from Greenwood Credit Union v. Sullivan

Date: Mar 20, 2008

Defining "Firm Offer of Credit" under FCRA: Insights from Greenwood Credit Union v. Sullivan Introduction The case of Anthony SULLIVAN v. GREENWOOD CREDIT UNION (520 F.3d 70, 2008) serves as a...