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  • Commentaries
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1st Circuit Case Commentaries

Resulting Trusts and Creditors' Remedies: Insights from In re Paul Valente

Resulting Trusts and Creditors' Remedies: Insights from In re Paul Valente

Date: Mar 3, 2004
Resulting Trusts and Creditors' Remedies: Insights from In re Paul Valente Introduction The case In re Paul Valente, Debtor Fleet National Bank, Appellant, v. Paul Valente, Appellee (360 F.3d 256)...
Reasonable Suspicion in Investigatory Stops: Bernard Flowers v. Fiore et al. Analysis

Reasonable Suspicion in Investigatory Stops: Bernard Flowers v. Fiore et al. Analysis

Date: Feb 26, 2004
Reasonable Suspicion in Investigatory Stops: Bernard Flowers v. Fiore et al. Analysis Introduction Bernard Flowers v. Officer Darren Fiore, Officer Lawrence Silvestri, Officer Michael Garafola, and...
First Circuit Affirms Dismissal of FCA Qui Tam Action for Failure to Plead Fraud with Particularity

First Circuit Affirms Dismissal of FCA Qui Tam Action for Failure to Plead Fraud with Particularity

Date: Feb 24, 2004
First Circuit Affirms Dismissal of FCA Qui Tam Action for Failure to Plead Fraud with Particularity Introduction In the case of United States ex rel. John C. Karvelas v. Melrose-Wakefield Hospital,...
MetLife v. Gannon: Affirming Plan Administrators’ Discretion in ERISA Disability Benefit Terminations

MetLife v. Gannon: Affirming Plan Administrators’ Discretion in ERISA Disability Benefit Terminations

Date: Feb 20, 2004
MetLife v. Gannon: Affirming Plan Administrators’ Discretion in ERISA Disability Benefit Terminations Introduction The case of Bonnie Gannon, Plaintiff-Appellee, v. Metropolitan Life Insurance...
1st Circuit Rejects Qualified Immunity in First Amendment Retaliation Case: Mihos v. Swift

1st Circuit Rejects Qualified Immunity in First Amendment Retaliation Case: Mihos v. Swift

Date: Feb 14, 2004
1st Circuit Rejects Qualified Immunity in First Amendment Retaliation Case: Mihos v. Swift Introduction The case of Mihos v. Swift addresses the constitutional protections afforded to public...
Strict Adherence to Rule 16(b) 'Good Cause' Standard Affirmed in O'Connell v. Hyatt Hotels

Strict Adherence to Rule 16(b) 'Good Cause' Standard Affirmed in O'Connell v. Hyatt Hotels

Date: Feb 13, 2004
Strict Adherence to Rule 16(b) 'Good Cause' Standard Affirmed in O'Connell v. Hyatt Hotels Introduction In the appellate case of Michael J. O'Connell and Roxanne O'Connell v. Hyatt Hotels of Puerto...
Strict Enforcement of Verified Statement Requirements in Civil Forfeiture Cases: United States v. Rodríguez-Barrientos

Strict Enforcement of Verified Statement Requirements in Civil Forfeiture Cases: United States v. Rodríguez-Barrientos

Date: Jan 24, 2004
Strict Enforcement of Verified Statement Requirements in Civil Forfeiture Cases: United States v. Rodríguez-Barrientos Introduction The case of United States v. René Rodríguez-Barrientos addresses...
Improper Use of Lead Witness and Its Impact on Conviction: United States v. Casas et al.

Improper Use of Lead Witness and Its Impact on Conviction: United States v. Casas et al.

Date: Jan 21, 2004
Improper Use of Lead Witness and Its Impact on Conviction: United States v. Casas et al. Introduction In the landmark case of United States v. Ralph Casas et al. (356 F.3d 104), the United States...
Administrative Search Exception in Interstate Commercial Trucking: United States v. Maldonado

Administrative Search Exception in Interstate Commercial Trucking: United States v. Maldonado

Date: Jan 21, 2004
Administrative Search Exception in Interstate Commercial Trucking: United States v. Maldonado Introduction United States of America v. Lawrence E. Maldonado, 356 F.3d 130 (1st Cir. 2004), presents a...
Rehabilitation Act Mandates Reasonable Accommodation: Syl v. Calero-Cerezo

Rehabilitation Act Mandates Reasonable Accommodation: Syl v. Calero-Cerezo

Date: Jan 15, 2004
Rehabilitation Act Mandates Reasonable Accommodation: Syl v. Calero-Cerezo Introduction The case of Sylvia I. Calero-Cerezo v. United States Department of Justice explores the obligations of federal...
Reevaluation of Statute of Limitations Tolling: Rodríguez-García v. Municipality of Caguas

Reevaluation of Statute of Limitations Tolling: Rodríguez-García v. Municipality of Caguas

Date: Jan 8, 2004
Reevaluation of Statute of Limitations Tolling: Rodríguez-García v. Municipality of Caguas Introduction Rodríguez-García v. Municipality of Caguas, 354 F.3d 91 (1st Cir. 2004), represents a...
Establishing the 'Willful' Standard for FMLA Violations: A Comprehensive Analysis of Hillstrom v. Best Western TLC Hotel

Establishing the 'Willful' Standard for FMLA Violations: A Comprehensive Analysis of Hillstrom v. Best Western TLC Hotel

Date: Jan 1, 2004
Establishing the 'Willful' Standard for FMLA Violations: A Comprehensive Analysis of Hillstrom v. Best Western TLC Hotel Introduction Hillstrom v. Best Western TLC Hotel, 354 F.3d 27 (1st Cir. 2003),...
Affirmation of Summary Judgment in Employment Discrimination: Employer Liability Requires Tangible Employment Action or Severe and Pervasive Harassment

Affirmation of Summary Judgment in Employment Discrimination: Employer Liability Requires Tangible Employment Action or Severe and Pervasive Harassment

Date: Jan 1, 2004
Affirmation of Summary Judgment in Employment Discrimination: Employer Liability Requires Tangible Employment Action or Severe and Pervasive Harassment Introduction In the case of Alice Mercedes...
Waiver of Eleventh Amendment Immunity in Special Education Cases: Nieves-Márquez v. Commonwealth of Puerto Rico

Waiver of Eleventh Amendment Immunity in Special Education Cases: Nieves-Márquez v. Commonwealth of Puerto Rico

Date: Dec 25, 2003
Waiver of Eleventh Amendment Immunity in Special Education Cases: Nieves-Márquez v. Commonwealth of Puerto Rico Introduction In Nieves-Márquez; Jesús Nieves; Leonor Márquez v. The Commonwealth of...
Excessive Force and Attorney's Fees: Phaly POY v. John Boutselis et al. - A Comprehensive Analysis

Excessive Force and Attorney's Fees: Phaly POY v. John Boutselis et al. - A Comprehensive Analysis

Date: Dec 20, 2003
Excessive Force and Attorney's Fees: Phaly POY v. John Boutselis et al. - A Comprehensive Analysis Introduction The case of Phaly Poy v. John Boutselis, et al. (352 F.3d 479) adjudicated by the...
APPRENDI v. NEW JERSEY Applied: Sentencing Error in United States v. Julio Perez-Ruiz

APPRENDI v. NEW JERSEY Applied: Sentencing Error in United States v. Julio Perez-Ruiz

Date: Dec 20, 2003
APPRENDI v. NEW JERSEY Applied: Sentencing Error in United States v. Julio Perez-Ruiz Introduction The case of United States of America v. Julio Perez-Ruiz (353 F.3d 1) presents a pivotal application...
Retaliation Claims under the ADA: Pretextual Discharge Recognized in Wright v. CompUSA

Retaliation Claims under the ADA: Pretextual Discharge Recognized in Wright v. CompUSA

Date: Dec 20, 2003
Retaliation Claims under the ADA: Pretextual Discharge Recognized in Wright v. CompUSA Introduction The case Stephen D. Wright v. CompUSA, Inc. (352 F.3d 472, 1st Cir. 2003) serves as a significant...
A Comprehensive Commentary on Acevedo-García v. Monroig: Establishing Precedents in Political Discrimination Jurisprudence

A Comprehensive Commentary on Acevedo-García v. Monroig: Establishing Precedents in Political Discrimination Jurisprudence

Date: Dec 6, 2003
Establishing Boundaries: The Precedential Impact of Acevedo-García v. Monroig on Political Discrimination and Collateral Estoppel Introduction Acevedo-García v. Monroig, adjudicated by the United...
First Circuit's Landmark Ruling on FLSA Overtime Applicability to Municipal Police Officers

First Circuit's Landmark Ruling on FLSA Overtime Applicability to Municipal Police Officers

Date: Dec 3, 2003
First Circuit's Landmark Ruling on FLSA Overtime Applicability to Municipal Police Officers Introduction In the case of Gary O'BRIEN et al. v. Town of Agawam et al., the United States Court of...
Rosario-Urdaz v. Rivera-Hernandez: Establishing Enhanced Standards for Preliminary Injunctions in §1983 Political Discrimination Claims

Rosario-Urdaz v. Rivera-Hernandez: Establishing Enhanced Standards for Preliminary Injunctions in §1983 Political Discrimination Claims

Date: Nov 26, 2003
Rosario-Urdaz v. Rivera-Hernandez: Establishing Enhanced Standards for Preliminary Injunctions in §1983 Political Discrimination Claims Introduction Rosario-Urdaz v. Rivera-Hernandez, 350 F.3d 219...
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