1st Circuit Case Commentaries

Enforcing ADA Title III: Flexible Service Mandates for Disabled Patrons – Dudley v. Hannaford Bros.

Date: Jun 25, 2003

Enforcing ADA Title III: Flexible Service Mandates for Disabled Patrons – Dudley v. Hannaford Bros. Introduction The case of David Dudley v. Hannaford Bros. Co. represents a pivotal moment in the...

Adequate Consideration of Medication Side Effects in Social Security Disability Determinations: Insights from Wells v. Barnhart

Date: Jun 20, 2003

Adequate Consideration of Medication Side Effects in Social Security Disability Determinations: Insights from Wells v. Barnhart Introduction Wells v. Barnhart is a pivotal case adjudicated by the...

Affirmative Defense in Sexual Harassment Claims: Reed v. MBNA Establishes Crucial Precedents

Date: Jun 20, 2003

Affirmative Defense in Sexual Harassment Claims: Reed v. MBNA Establishes Crucial Precedents Introduction In the landmark case of Reed v. MBNA Marketing Systems, Inc., the United States Court of...

Affirmation of Summary Judgment in Anti-Competitive Practices Against Podiatrists

Date: Jun 13, 2003

Affirmation of Summary Judgment in Anti-Competitive Practices Against Podiatrists Introduction The case The Podiatrist Association, Inc., et al. v. La Cruz Azul de Puerto Rico, Inc. and Triple-S,...

Kosereis v. State of Rhode Island: Res Judicata and the Litigability of Title VII Discrimination Claims

Date: Jun 13, 2003

Kosereis v. State of Rhode Island: Res Judicata and the Litigability of Title VII Discrimination Claims Introduction The case of Kosereis v. State of Rhode Island addresses critical issues...

Affirmation of Summary Judgment in Religious Harassment Case: Rivera v. PRASA

Date: Jun 10, 2003

Affirmation of Summary Judgment in Religious Harassment Case: Rivera v. PRASA Introduction In the landmark case Mayra Rosario Rivera v. Puerto Rico Aqueduct and Sewers Authority (PRASA), decided by...

Affirmation of Summary Judgment in Discrimination and Retaliation Claims: Benoit v. Technical Manufacturing Corp.

Date: Jun 10, 2003

Affirmation of Summary Judgment in Discrimination and Retaliation Claims: Benoit v. Technical Manufacturing Corp. Introduction Benoit v. Technical Manufacturing Corporation (331 F.3d 166) is a...

Enforcing Judicial Authority and Ensuring Timely Appeals: Insights from Da v. Young

Date: Jun 4, 2003

Enforcing Judicial Authority and Ensuring Timely Appeals: Insights from Da v. Young Introduction In the landmark case of Da v. Young, adjudicated by the United States Court of Appeals for the First...

Apprendi Rule Not Retroactive Under Teague Doctrine in Sepulveda v. United States

Date: May 30, 2003

Apprendi Rule Not Retroactive Under Teague Doctrine in Sepulveda v. United States Introduction In the landmark case George Sepulveda v. United States of America, decided by the United States Court of...

Affirmation of Plan Administrator’s Discretion and Discovery Limits in ERISA Change-in-Control Disputes: Liston v. Unum Corp.

Date: May 28, 2003

Affirmation of Plan Administrator’s Discretion and Discovery Limits in ERISA Change-in-Control Disputes: Liston v. Unum Corp. Introduction In Liston v. Unum Corporation Officer Severance Plan, the...

Nonassumption of Prepetition Executory Agreements and Administrative Priority: In re FBI Distribution Corp.

Date: May 28, 2003

Nonassumption of Prepetition Executory Agreements and Administrative Priority: In re FBI Distribution Corp. Introduction The case of In re: FBI Distribution Corp., 330 F.3d 36 (1st Cir. 2003), delves...

Rescission of Contracts and Director Liability for Fraudulent Inducement: Kenda Corp. v. Pot O'Gold Money Leagues Sets New Precedents

Date: May 20, 2003

Rescission of Contracts and Director Liability for Fraudulent Inducement: Kenda Corp. v. Pot O'Gold Money Leagues Sets New Precedents Introduction The case of Kenda Corporation, Inc. d/b/a Pot O'Gold...

Establishing Disgorgement Precedents in Insider Trading: SEC v. Sargent and Shepard

Date: May 16, 2003

Establishing Disgorgement Precedents in Insider Trading: SEC v. Sargent and Shepard Introduction The case of SEC v. Michael G. Sargent and Dennis J. Shepard, decided by the United States Court of...

First Circuit Clarifies Consent and Interception under ECPA in Pharmatrak Privacy Litigation

Date: May 10, 2003

First Circuit Clarifies Consent and Interception under ECPA in Pharmatrak Privacy Litigation Introduction The case of In re Pharmatrak, Inc. Privacy Litigation revolves around significant questions...

Enforcing Strict Compliance with Safety Valve Statute and Supervisory Release Procedures: Insights from U.S. v. Matos and Ovalles-Torres

Date: May 8, 2003

Enforcing Strict Compliance with Safety Valve Statute and Supervisory Release Procedures: Insights from U.S. v. Matos and Ovalles-Torres Introduction In the landmark case of United States of America...

Waiver of Arbitration Rights in International Commercial Disputes: Analysis of Restoration Preservation Masonry v. Grove Europe

Date: Apr 2, 2003

Waiver of Arbitration Rights in International Commercial Disputes: Analysis of Restoration Preservation Masonry v. Grove Europe Introduction Restoration Preservation Masonry, Inc. v. Grove Europe...

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