1st Circuit Case Commentaries

González-Toro v. CMI Capital Market: Upholding the Anti-Ferret Rule and Conjugal Partnership Liability in Summary Judgments

Date: Mar 19, 2008

González-Toro v. CMI Capital Market: Upholding the Anti-Ferret Rule and Conjugal Partnership Liability in Summary Judgments Introduction In the landmark case of CMI Capital Market Investment, LLC et...

Rehabilitation Act Precedent: Ríos-Jiméñez v. Secretary of Veterans Affairs

Date: Mar 13, 2008

Rehabilitation Act Precedent: Ríos-Jiméñez v. Secretary of Veterans Affairs Introduction In the case of Maribel Ríos-Jiménez v. Secretary of Veterans Affairs, Anthony J. Principi, et al. (520 F.3d...

Due Process Protections in Administrative Benefit Programs: Insights from Pérez-Acevedo v. Rivero-Cubano

Date: Mar 13, 2008

Due Process Protections in Administrative Benefit Programs: Insights from Pérez-Acevedo v. Rivero-Cubano Introduction The case of Pérez-Acevedo; Quiñones; Conjugal Partnership Pérez-Quinones d/b/a...

DeCaire v. Mukasey: Impact on Mixed-Motive and Retaliation Claims under Title VII

Date: Mar 12, 2008

DeCaire v. Mukasey: Impact on Mixed-Motive and Retaliation Claims under Title VII Introduction Cynthia A. DeCaire, a Deputy U.S. Marshal, filed a lawsuit against Anthony Dichio, then the U.S. Marshal...

First Circuit Affirms Summary Judgment in Age Discrimination Case: Establishing Key Precedents

Date: Mar 8, 2008

First Circuit Affirms Summary Judgment in Age Discrimination Case: Establishing Key Precedents Introduction In the case of Néstor M. Torrech-Hernández v. General Electric Company, Caribe GE...

First Circuit Vacates Summary Judgment in Sexual Harassment and Retaliation Claims: BILLINGS v. TOWN OF GRAFTON

Date: Feb 8, 2008

First Circuit Vacates Summary Judgment in Sexual Harassment and Retaliation Claims: BILLINGS v. TOWN OF GRAFTON Introduction In the case of Nancy M. BILLINGS v. TOWN OF GRAFTON, the United States...

Affirmation of Conviction in United States v. De La Cruz: Upholding Confrontation Clause and Drug Distribution Enhancements

Date: Feb 2, 2008

Affirmation of Conviction in United States v. De La Cruz: Upholding Confrontation Clause and Drug Distribution Enhancements Introduction United States v. Luis De La Cruz is a pivotal case adjudicated...

Affirming Public Schools' Curriculum Choices in the Face of Parental Religious Objections: PARKER v. HURLEY

Date: Feb 1, 2008

Affirming Public Schools' Curriculum Choices in the Face of Parental Religious Objections: PARKER v. HURLEY Introduction PARKER v. HURLEY, 514 F.3d 87 (1st Cir. 2008), is a pivotal case addressing...

Limits of Substantive Due Process and Equal Protection in Land-Use Litigation: Clark v. Westfield

Date: Feb 1, 2008

Limits of Substantive Due Process and Equal Protection in Land-Use Litigation: Clark v. Westfield Introduction Clark v. Westfield, 514 F.3d 107 (1st Cir. 2008), presents a significant examination of...

Exhaustion of Administrative Remedies and Retaliation Claims in Title VII: Franceschi v. VA

Date: Jan 31, 2008

Exhaustion of Administrative Remedies and Retaliation Claims in Title VII: Franceschi v. VA Introduction Franceschi v. United States Department of Veterans Affairs, 514 F.3d 81 (1st Cir. 2008), is a...

Distinguishing Trust and Career Employees in Political Discrimination: Maymí v. Puerto Rico Ports Authority

Date: Jan 31, 2008

Distinguishing Trust and Career Employees in Political Discrimination: Maymí v. Puerto Rico Ports Authority Introduction The case of Elaine Maymí v. Puerto Rico Ports Authority centers on allegations...

Establishing Causation in §1983 Retaliation Claims: Gagliardi v. Sullivan and the City of Lawrence

Date: Jan 19, 2008

Establishing Causation in §1983 Retaliation Claims: Gagliardi v. Sullivan and the City of Lawrence Introduction In Michael Gagliardi v. Michael J. Sullivan and the City of Lawrence, 513 F.3d 301 (1st...

Affirmation of Dismissal under PSLRA's Enhanced Pleading Standards for Securities Fraud: McKeown v. Advest

Date: Jan 11, 2008

Affirmation of Dismissal under PSLRA's Enhanced Pleading Standards for Securities Fraud: McKeown v. Advest Introduction The case of ACA Financial Guaranty Corporation et al. v. Advest, Inc. et al....

Supplemental Jurisdiction Does Not Permit Joinder of Indispensable Nondiverse Parties in Diversity Cases

Date: Jan 8, 2008

Supplemental Jurisdiction Does Not Permit Joinder of Indispensable Nondiverse Parties in Diversity Cases Introduction Stefano Picciotto, et al. v. Continental Casualty Company, et al., 512 F.3d 9...

Employer Liability in Hostile Work Environment: Analysis of Forrest v. Brinker International Payroll Company LP

Date: Dec 20, 2007

Employer Liability in Hostile Work Environment: Analysis of Forrest v. Brinker International Payroll Company LP Introduction The case of Allison Forrest v. Brinker International Payroll Company LP...

Enforcing Summary Judgment Standards in Title VII Claims: Mariani-Colón v. Department of Homeland Security

Date: Dec 19, 2007

Enforcing Summary Judgment Standards in Title VII Claims: Mariani-Colón v. Department of Homeland Security Introduction The case of Sidney Mariani-Colón v. Department of Homeland Security (DHS)...

Adelson v. Hananel: Upholding Plaintiff's Forum Choice and Personal Jurisdiction

Date: Dec 6, 2007

Adelson v. Hananel: Upholding Plaintiff's Forum Choice and Personal Jurisdiction Introduction Sheldon G. Adelson, an internationally renowned businessman and United States citizen, engaged in a legal...

Affirmation of Ineffective Assistance of Counsel Claims Based on Misstatements Regarding Defense Strategies: SLEEPER v. SPENCER

Date: Dec 6, 2007

Affirmation of Ineffective Assistance of Counsel Claims Based on Misstatements Regarding Defense Strategies: SLEEPER v. SPENCER Introduction In SLEEPER v. SPENCER, 510 F.3d 32 (1st Cir. 2007), the...

CURRAN v. COUSINS: Retaliatory Termination and First Amendment Rights in Public Employment

Date: Dec 6, 2007

CURRAN v. COUSINS: Retaliatory Termination and First Amendment Rights in Public Employment Introduction In CURRAN v. COUSINS, the United States Court of Appeals for the First Circuit addressed the...

Clarifying the Scope of Section 1252(b)(9): Jurisdictional Boundaries in Immigration Litigation – Aguilar v. ICE

Date: Nov 28, 2007

Clarifying the Scope of Section 1252(b)(9): Jurisdictional Boundaries in Immigration Litigation – Aguilar v. ICE Introduction Aguilar et al. v. United States Immigration and Customs Enforcement...